The URL can be used to link to this page

Home My WebLink About2007/09/18 Agenda Packet I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board accordin~ ~ I ~ Brown Act reqUirements. :::::3 ~ Cf-N -07 Signed S/7I1ff:i:v ~'-~~~ C1lY OF CHULA VISTA /LYell Cheryl Cox, Mayor Rudy Ramirez, Councilmember David R. Garcia, City Manager John McCann, Council member Ann Moore, City Attorney Jerry R. Rindone, Council member Susan Bigelow, City Clerk Steve Castaneda. Council member September 18, 2007 6:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO STEVE FULLER COMMENDING FULLER'S PLUMBING FOR THEIR 50TH ANNIVERSARY OF BUSINESS IN CHULA VISTA . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO BERTO TEJEDA, JOE VALDEZ AND LARRY DENSON, COMMENDING THE CHULA VISTA GREEN SOX BASEBALL TEAM RECOGNIZING THEIR RECENT TRIPLE CROWN WORLD SERIES TOURNAMENT IN COLORADO CONSENT CALENDAR (Items I through 9) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 9 OF COUNCIL POLICY 478-01 REGARDING THE TRAFFIC SIGNAL PARTICIPATION FEE TO INCLUDE THE INSTALLATION OF AMERICANS WITH DISABILITIES ACT COMPLIANT PEDESTRIAN RAMPS IN THE LIST OF USES OF FUNDS IN THE TRAFFIC SIGNAL FUND AS REQUIRED BY RECENT MODIFICATIONS TO FEDERAL LAW City Council previously set a policy regulating the collection of a traffic signal impact fee from developers to offset the impact of their projects on the City's traffic signal system. As a result of recent modifications to the Americans with Disabilities Act (ADA), the City is now required to construct additional pedestrian facilities in conjunction with certain traffic signal modification projects. Adoption of the resolution will allow the City to use Traffic Signal Participation Fee Program Funds in order to comply with related ADA requirements in accordance with recent modifications to the federal law. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2006/2007 DIG-OUTS & CHIP SEAL (STL-340A)" PROJECT TO BOND BLACKTOP, INC. IN THE AMOUNT OF $3,202,378.60 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT On September 12, 2007, the General Services Director received sealed bids for the "Pavement Rehabilitation Program Fiscal Year 2006/2007 Dig-Outs and Chip Seal (STL- 340A)" project. The work consists of the application of removal and replacement of damaged asphalt concrete pavement "dig-outs" and as an alternative bid item, chip seal pavement coatings, on various pavement locations in the City of Chula Vista. Project work also includes striping, traffic control, and other miscellaneous work, all labor, material, equipment, and transportation necessary for the project. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH RUDOLPH AND SLETTEN, INC. FOR THE SALT CREEK COMMUNITY PARK CAPITAL IMPROVEMENT PROJECT, PR251, INCREASING THE GUARANTEED MAXIMUM PRICE (GMP), APPROVING CHANGE ORDER NO. 1 AND AUTHORIZING INTERPROJECT TRANSFERS AS NECESSARY TO COMPLETE THE PROJECT (4/5THS VOTE REQUIRED) The City Council previously approved a Design Build agreement with Rudolph and Sletten, Inc. for the Salt Creek Community Park Capital Improvement Project. Adoption of the resolution amends the Guaranteed Maximum Price for additional services as recommended by staff, and amends the completion date. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda http://www .chulavistaca. gov September 18, 2007 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $59,379 IN UNANTICIPATED REVENUES FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACTIVITIES GRANT PROGRAM (4/5THS VOTE REQUIRED) The California Department of Conservation, Division of Recycling (DOR) distributed $10.5 million for fiscal year 2007/2008 to eligible cities and counties specifically for beverage container recycling and litter clean-up activities. Each city was eligible to receive a minimum of $5,000 or an amount calculated by the DOR, on a per capita basis, which ever is greater. Adoption of the resolution accepts $59,379 for the City ofChula Vista. (Engineering and General Services Director/Public Works Operations Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A CONTRACT TO ANACOMP, INC. FOR RECORD DIGITIZATION SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Adoption of the resolution approves the requested digitization services contract, which will assist the department, and any other City department needing the services, to archive permanent City records in digital format which is compatible with the City Clerk's records retention standards. Staff conducted a competitive bid process, and this contract ensures the City will receive the services at very competitive rates. (Planning and Building Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2007/2008 WITHIN COMMUNITY FACILITIES DISTRICT 13-M; AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR THIS DISTRICT (4/5THS VOTE REQUIRED) On July 24, 2007, the City Council established the maximum special tax rates that may be levied for Fiscal Year 2007/2008 for Community Facilities Districts 97-1, 97-2, 97-3, 98-1,98-2,98-3,99-1,99-2,2000-1,2001-1,2001-2, 07-1, 08-1, 08-M, -9-M, l1-M, 12-1, 12-M, 13-1 and 13-M. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PARCEL MAP FOR SYCAMORE ESTATES, TENTATIVE PARCEL MAP WAIVER NO. 07-06, ACCEPTING THE EASEMENTS GRANTED ON SAID PARCEL MAP, AND APPROVING THE VACATION OF A PORTION OF SYCAMORE DRIVE LYING WITHIN LOT "N" OF WOODLAWN PARK ACCORDING TO MAP THEREOF NO. 1271, PARCEL 3 AND 4 OF PARCEL MAP 16006, AND LOT 4 OF SYCAMORE ESTATES MAP NO. 15566; AND THE ABANDONMENT OF A PORTION OF A TREE PLANTING AND MAINTENANCE EASEMENT OVER PARCELS 3 AND 4 OF PARCEL MAP 16006, AND AUTHORIZING THE MAYOR TO APPROVE THE PARCEL MAP Page 3 - Council Agenda htto:i iwww.chulavistaca.gov September 18, 2007 On April] 9, 2005, by Reso]ution No. 2005-]28, the City approved Tentative Map No. 04-09 for Sycamore Estates. On May 22, 2007, by Reso]ution No 2007-]25, the City approved the Sycamore Estates final map, Chula Vista Tract No. 04-09. Tonight, council will consider the approval of the Sycamore Estates Parcel Map, Tentative Parcel Map 07- 06. (Engineering and General Services Director) Staffrecommendation: Council adopt the resolution. 8. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 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 THE AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 06-05, OTAY RANCH VILLAGE TWO AND PORTIONS OF VILLAGE FOUR NORTH UNIT ONE, APPROVING THE ASSOCIATED SUBDIVISION ]MPROVEMENT AGREEMENT AND SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS Adoption of the resolutions approves the final map for Chula Vista Tract No. 06-05, Otay Ranch Village Two and Portions of Village Four North Unit One. (Engineering and General Services Director) Staff recommendation: Council adopt the resolutions. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAP OF CHULA VISTA TRACT NO. 06-05, OTA Y RANCH VILLAGE TWO, NEIGHBORHOOD R-]4, 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 Adoption of the resolution approves the Neighborhood R-]4 final map within Otay Ranch Village Two submitted by the developer Otay Ranch Eighteen, LLC, a Delaware Limited Liability Company. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR Page 4 - Council Agenda htto://www.chulavistaca.2ov September 18, 2007 PUBLIC COMMENTS Persons ,peaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 10. CONSIDERATION OF WAIVING MINOR IRREGULARITY ON THE BID RECEIVED FOR THE "EUCAL YPTUS PARK SECURITY LIGHTING (CIP NO. PR- 288)" PROJECT PER CITY CHARTER SECTION ]009 On July 25, 2007 at 2:00 p.m., the General Services Director received five sealed bids for the "Eucalyptus Park Security Lighting (PR-288)" project. The project will be located at Eucalyptus Park at Fourth Avenue and C Street. The public hearing was continued from the meeting of September 11, 2007. (Engineering and General Services Director) Staff recommendation: Council cancel the public hearing. ACTION ITEMS The Item listed in this section of the agenda will be considered individually by the Council, and is expected to elicit discussion and deliberation. If you wish to speak on any item, please .fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 6:45 P.M. (Time Certain) II. CHARGERS STADIUM SITE ANALYSIS REPORT Stadium Consultant Cooper Robertson and Partners has completed a site feasibility report on behalf of the City of Chula Vista. This analysis included the evaluation of potential stadium sites relative to operational issues, physical constraints, and policy issues. The firm will present the results of their findings. Staff recommendation: Council accept the report and provide further direction as needed. OTHER BUSINESS ]2. CITY MANAGER'S REPORTS Page 5 - Council Agenda httD ://www.chulavistaca.llOY September J 8, 2007 13. MAYOR'S REPORTS A. Ratification of appointment of Eric Sutton to the Growth Management Oversight Commission. B. Ratification of appointment of the following students to the Youth Action Council: Vandy Cam - Otay Ranch High School Flavia Casas', Valeria Cuevas and Samuel Culver - Eastlake High School Yazmin De Saracho, Mariana De Saracho (Ex-Officio), and Chelsea Rodriguez- Hilltop High School Cassie Evans, John Tessitore and Elizabeth Vargas - Bonita High School Kate Googins - Our Lady of Peace Erika Gracia - Chula Vista High School Matt Hoffman - High Tech High 14. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957.7). 15. A. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) I. "Three cases. B. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 1. Vicki J. Holmes, et al. v. Kenneth Fowler, et al. San Diego Superior Court Case No. GIS 18444; 2. Citv of Chula Vista v. Kimco Realtv Com. et al. San Diego Superior Court Case No. 37 -2007 -000667 54-CU - BC-Cn ADJOURNMENT to the Regular Meeting of September 25, 2007 at 6:00 p.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devicesfor the Deaf(TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 6 - Council Agenda http://www .c hulavistaca.QOV September 18, 2007 CITY COUNCIL AGENDA STATEMENT ~~CI1YOF <<,~ CHULA VISTA 9/18/07, Item~ SUBMITTED BY: REVIEWED BY: RESOLUTION AMENDING SECTION 9 OF COUNCIL POLICY 478-01 REGARDING THE TRAFFIC SIGNAL PARTICIPATION FEE TO INCLUDE THE INSTALLATION OF AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANT PEDESTRIAN RAMPS IN THE LIST OF USES OF FUNDS IN THE TRAFFIC SIGNAL FUND AS REQUIRED BY RECENT MODIFICATIONS TO FEDERAL LAW ENGINEERING AND~RAL SERVICES DIRECTOR>-- i CITY MANAGER ~ ASSISTANT CITY AGER~-r ITEM TITLE: 4/5THS VOTE: YES D NO 0 BACKGROUND Resolution 13857, adopted by City Council, set a policy regulating the collection of a traffic signal impact fee from developers to offset the impact of their projects on the City's traffic signal system. As a result of recent modifications to the Americans with Disabilities Act (ADA), the City is now required to construct additional pedestrian facilities in conjunction with certain traffic signal modification projects. Approval of this action will allow the City to use Traffic Signal Participation Fee Program Funds in order to comply with related ADA requirements in accordance with recent modifications to the federal law . ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the action pertains only to the future use of funds and does not include approval of any specific project that would result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental reVIew IS necessary. RECOMMENDATION The Council approve the Resolution amending Council Policy 478-01 regarding the traffic signal participation fee scope of services to include the installation of ADA compliant pedestrian ramps as required by recent modifications to the federal law. 1-1 9/18/07, ItemL Pag~ 2 of3 BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION It has been the general policy of the City Council that the public at large should not subsidize activities of private developments through general tax revenues. In accordance with this policy, the City has established user fees to best ensure that those who primarily utilize a specific service or create the need for an enhanced service participate in paying for that service. One of the fees established as a result of implementation of this policy has been the "Traffic Signal Participation Fee." The "Traffic Signal Participation Fee" became effective in 1978 when it was adopted by the City Council by Resolution No. 13857. As adopted, the policy regulates the participation by private developers of residential, commercial and industrial uses in the financing and/or installation of traffic signals on public streets within the City of Chula Vista. This was done to ensure there was an equitable and proportionate contribution to be borne by all traffic-generating private developments to satisfy the projected traffic signal needs of the city. Utilizing the funds collected under this policy, the City's Traffic Engineering Section has been able to manage the installation of new, and upgrade existing, traffic signals in order to maintain acceptable levels of service citywide, providing a safe, effective transportation network across the city. Recent modifications to federal guidelines regarding pedestrian accessibility within public rights- of-way have modified the "triggers" describing when existing American Disabilities Act (ADA) features need to be updated in compliance with the Act. Recent case law regarding the changes in the ADA has made it necessary to upgrade existing pedestrian ramps to meet current ADA guidelines if improvements in the immediate vicinity require any significant excavation. Consequently, traffic signal upgrades requiring the installation of new traffic signal standards, signal controller cabinets, new wire conduits, or signal power sources will now also require that the pedestrian ramps in the area meet current ADA pedestrian ramps. The current Council Policy does not specifically allow for use of the "Traffic Signal Participation Fee" for ADA improvements triggered by traffic signal work. Update ofPolicv No. 478-01 The approval ofthe proposed revision to City Council Policy No.4 78-01, titled "Participation by Private Developers in the Financing and/or Installation of Traffic Signals" would include pedestrian ramps in the list of improvements that can be funded by the Traffic Signal Fee. The proposed changes to Council Policy 478-01 are shown below with the modifications shown in strikeout/underline format. The entire policy is attached as Attachment 1 of this report. 1) Amend Item 9 of the STATEMENT OF POLICY on page 2 of3: The entire City including subsequent annexations shall be the same Benefit Area for Traffic Signals. All traffic signal charges shall be placed in the Traffic Signal Fund. Use of funds from such account shall be limited to design, construction, inspection, and modification of traffic signals within the Benefit Area for Traffic Signals. Traffic signal construction may include traffic signal controller standards, signal heads, wiring, conduit, power supply, detectors, pedestrian push buttons, ADA compliant pedestrian ramps, uninterruptible power supply systems, and indicators, painting of 1-2 9/18/07, Iteml Page 3 of3 street striping, interconnection with signals under master controller, signal related street widening and signal related raised median island construction. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(l) is not applicable to this decision. FISCAL IMPACT There is no impact to the General Fund as a result of this proposed modification. However, there will be an impact to the Traffic Signal Participation Fee Fund as the cost for installing traffic signals must now also include costs for modifications to existing pedestrian ramps. When originally calculated and adopted, the Traffic Signal Participation Fee did not include construction of pedestrian ramps. The Engineering Department is currently working to update the Traffic Signal Fee to account for the increased cost in upgrading traffic signals as a result of the recent ADA guidelines as described in this report. ATTACHMENTS I. Council Policy No.4 78-01, "Participation by Private Developers in the Financing and/or Installation of Traffic Signals" Prepared by: Jim Newton, Sr. Civil Engineer, Engineering Department J:IEngineerIAGENDAICAS2007109-18-07ITraffic Signal Fee Fund CAS.doc 1-3 Arr~"ME#T .L. SUBJECT: PARTICIPATION BY PRIVAlE DEVELOPERS IN THE FINANCING AND/OR INSTALLATION OF TRAFFIC SIGNALS COUNCIL POLICY CITY OF CHUIA VISTA POLICY NUMBER 478-01 EFFECTIVE DATE 11-13-01 PAGE 10F3 ADOPTED BY: Resolution No. 13857 I DATED: 11-13-01 AMENDED BY: Council Action (02/17/01); Resolution No.: 2001-385 (11/13/01) PURPOSE To establish a policy for participation by private developers for the financing and/or installation of traffic signals on public streets within the City of Chula Vista. BACKGROUND New developments, whether residential, commercial, or industrial, generate additional traffic which results in increased congestion or safety hazards at various street intersections throughout the City. The installation of traffic signals is sometimes uecessary in order to accommodate the safe and efficient flow of vehicular traffic. The City has in the past required developers to participate in the cost of signalization which directly impacted a major individual development. Lesser developments, however, were not required to participate. The system was inherently inequitable. This policy provides for proportionate contribution by all private developments generating significant traffic toward the projected traffic signal needs of the City. It is the intent of the City Council in establishing this policy that all development, redevelopment, remodeling or other activity which will result in a long-term INCREASE in the number of vehicle trips upon the City's system of streets shall be subject to the traffic signal charge. That charge shall be based on upon the net INCREASE in number of trips generated by any specific site, and shall NOT include trips generated at such site under previous or current usage. STATEMENT OF POUCY 1. All uew private residential, commercial or industrial development as described below shall, as a condition of building permit issuance (or approval of a rezoning action relative to creation of new mobile home spaces), pay a traffic signal charge for additional trips generated as authorized by ordinance of the City Council, and in such amonnt per additional trip as stipulated by City Council resolution from time to time. The base charge is initially set at $23.00 per average weekday daily trip. Trips generated by current property usage or verifiable prior usage shall be excluded in determining the total charge, which shall be based on additional trips generated at the site under the new use. For the purposes of this policy, verifiable prior usage shall be the last known usage of the property within five (5) years of the date of application for development approval if said property is currently vacant. In the event that the property has been vacant for more than five (5) years, no exclusions will be me made regardless of property usage more than five (5) years in the past. 2. Remodeling (enlarging, altering, repairing or improving and/or replacement) of existing residential development is exempt from the traffic signal charge except where and to the extent additional residential dwelling units are created. 1-4 SUBJECT: PARTIC~ATIONBYPIDVATE DEVELOPERS IN THE FINANCING AND/OR INSTALlATION OF TRAFFIC SIGNALS COUNCIL POLICY CITY OF CHULA VISTA POLICY NUMBER 478-01 EFFECTIVE DATE 11-13-01 PAGE 20F3 ADOPTED BY: Resolution No. 13857 I DATED: 11-13-01 AMENDED BY: Council Action (02/17/01); Resolution No.: 2001-385 (11/13/01) 3. Structural, occupancy, or use modifications to existing co=ercial or industrial developments which are projected to increase the average daily traffic generated relative to the total development site by 2% or more shall be subject to payment of the traffic signal charge to the extent of the projected increase in traffic. Traffic volume determinations/projections for current and future traffic at the site shall be made by the City Engineer who shall be required as a condition of approval to any action formally permitting a structural, or occupancy, or use modification to an existing commercial or industrial/development. 4. Notwithstanding any other provisions of this policy, no private development shall pay the traffic signal charge more than once for a given level of traffic generation. Where ADDITIONAL trips are generated relative to a previously developed property, the traffic signal charge will be applied only to the ADDITIONAL units and/or trips generated. 5. Any private development which has been required to install a traffic signal shall get credit for the cost of that installation in computing traffic signal charges for subsequent development within the houndaries of that private development. 6. The traffic signal charge shall be based on the vehicular trip generation rate for the applicable land use category as shown per the latest "Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region", which is published by San Diego Association of Goveruments (SANDAG). Traffic generation rates for land uses not addressed by the SANDAG gnide shall be determined using the latest lTE Trip Generation book or as approved by the City Engineer. 7. No additional charge will be required of residential developments for on-site recreational or service facilities (cabanas, clubhouses, swimming pools, meeting rooms, etc.) unless such facilities are open to the public. Any such public facilities shall pay a charge based on the total acreage of the facility including parking areas and a vehicular trip rate of 200 per acre. 8. For all private developments, the traffic signal charge shall be computed by multiplying the new additional vehicle trip generation times the established base charge (in dollars per one-way trip per day). 9. The entire City, including subsequent annexations, shall be the same Benefit Area for Traffic Signals. All traffic signal charges shall be placed in the Traffic Signal Fund. Use of funds from such account shall be limited to design, construction inspection and modification of traffic signaIs within the Benefit Area for Traffic Signals. Traffic signal construction may include; traffic signal controller, standards, signal heads, wiring, conduit, power supply, detectors, pedestrian push buttons, llnlnte:rnmtihle: nowt';r ~nnnlv ~vsJerns ;mo innic.atflTs n;:tintino of strp.f'J sttinino_ interr-.nnnection with 1-5 SUBJEcr: PARTIC~ATIONBYProvATE DEVELOPERS IN THE FINANCING AND/OR iNSTALLATION OF TRAFFIC SIGNALS COUNCIL POLICY CITY OF CHUrA VISTA POLICY NUMBER 478-01 EFFECTIVE DATE 11-13-01 PAGE 30F3 ADOPTED BY: Resolution No. 13857 I DATED: 11-13-01 AMENDED BY: Council Action (02/17/01); Resolution No.: 2001-385 (11/13/01) signals under master controller, signal-related street widening and signal-related raised median island construction. 10. The City may require that a developer whose project creates an immediate need for signalization (per warrant system specified in C.V. Code Section 10.24.070) undertake to install such signalization subject to future reimbursement from the Traffic Signal Fund. Reimbursement of a developer to the extent that their construction cost (including design) exceeds his traffic signal charge shall have first call on the Traffic Signal Fund. No interest shall accumulate on the amount to be reimbursed. Reimbursemeut for any given installation shall commence only when and if funds are available in the Traffic Signal Fund and when all prior date reimbursement commitments have been satisfied in full. 11. Any private development which installs a traffic signal that is not required by the City or does not meet traffic signal warrants as specified in Chula Vista Code Section 10.24.070, may not be given any credit for the costs of the signal against their required traffic signal fee. The City reserves the right to grant credits if it concludes after performing an appropriate engineering analysis, the cost of such analysis being borne by the developer, that the signal will provide significant benefit to the general public. Such consideration by the City will only be provided if the signal is installed on a public street, or streets, and any credit will be prorated based on the affected approaches to the intersection owned by the City. Example, an intersection with a private street on one approach and two approaches owned by the City will be potentially eligible for a credit not to exceed two-thirds of the cost of the signals. Tbe City will not provide reimbursements for any costs incurred by a developer for a signal not required by the City nor meeting traffic signal warrants. 12. The City may advance funds to the Traffic Signal Fund or provide funds for traffic signal installation which funds shall be subject to reimbursement in the same manner as provided herein for a developer. 13. The above change at $23.00 per average weekly daily trip be adjusted, starting on October 1, 2002, and on each October 1st tbereafter, based on the one year change (from July to July) in the 20 City Construction Cost Index as published monthly in the Engineering News Record. For reference purposes, the July 2001, 20 City Construction Cost Index is 6404.03. Adjustments to the Traffic Signal Participation Fee based upon the 20 City Construction Cost Index shall be automatic and shall not require further action of the City Council. H:\Council Policy Updares\478-DIFinal Traffic signal installation by private developers.doc 1-6 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 9 OF COUNCIL POLICY 478-01 REGARDING THE TRAFFIC SIGNAL PARTICIPATION FEE TO INCLUDE THE INSTALLATION OF AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANT PEDESTRIAN RAMPS IN THE LIST OF USES OF FUNDS IN THE TRAFFIC SIGNAL FUND AS REQUIRED BY RECENT MODIFICATIONS TO FEDERAL LAW. WHEREAS, Council Policy 478-01, entitled Participation By Private Developers in the Financing and/or Installation of Traffic Signals, was adopted by City Council, pursuant to Resolution No. 13857, to set a policy regulating the collection of a traffic signal impact fee from developers to offset the impact of their projects on the City's traffic signal system, and WHEREAS, Section 9 of Council Policy 478-01 states that all traffic signal charges shall be placed in the Traffic Signal Fund and lists the uses for the funds in the Traffic Signal Fund; and WHEREAS, recent modifications to the federal Americans with Disabilities Act (ADA) require existing ADA features to be upgraded if improvements in the immediate vicinity require any significant excavation; and WHEREAS, these modifications to the ADA mean that certain traffic signal upgrades will require that the pedestrian ramps in the area meet current ADA standards; and WHEREAS, Section 9 of Council Policy 487-01 does not specifically allow use of the funds in the Traffic Signal Fund for ADA pedestrian ramp improvements triggered by traffic signal work; and WHEREAS, staff proposes to add ADA compliant pedestrian ramps to the list of uses of funds in the Traffic Signal Fund in Section 9 of Council Policy 487-01. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista that Section 9 of Council Policy 478-01 be amended to read as follows: 9. "The entire City, including subsequent annexations, shall be the same Benefit Area for Traffic Signals. All traffic signal charges shall be placed in the Traffic Signal Fund. Use of the funds from such account shall be limited to design, construction inspection and modification of traffic signals within the Benefit Area for Traffic Signals. Traffic signal construction may include: traffic signal controller, standards, signal heads, wiring, conduit, power supply, detectors, pedestrian push buttons, Americans with Disabilities Act (ADA) compliant pedestrian ramps, uninterruptible power supply 1-7 systems and indicators, painting of street striping, interconnection with signals under master controller, signal-related street widening and signal-related raised median island construction. " Presented by: Approved as to form by: Jack Griffin Director of Engineering and General Services ~/. 1/1 We"-.- {v'J~ Ann Moore City Attorney K:\ENGINEER\RESOS\Resos2007\09-18-07\Traffic Signal Fee Fund Reso revised by ec-revised.doc 1-8 CITY COUNCIL AGENDA STATEMENT ~f:. CITY OF -~ CHULA VISTA 9/18/07, Item~ ITEM TITLE: RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM FY 06/07 DIG-OUTS & CHIP SEAL (STL-340A)" PROJECT TO BOND BLACKTOP, INe. IN THE AMOUNT OF $3,202,378.60 AND AUTHORIZING THE EXPENDITURE OF ALL A V AILABLE FUNDS IN THE PROJECT SUBMITTED BY: DIRECTOR OF ENGINEERING AND GENERAL SERVICE&' CITY MANAGER .I ();ffi ASSIST ANT CITY ~A'G{rF-5~ 4/5THS VOTE: YES D NO ~ REVIEWED BY: BACKGROUND On September 12,2007, the Director of General Services received sealed bids for the "Pavement Rehabilitation Program FY 06/07 Dig-Outs and Chip Seal (STL-340A)" project. The work consists of the application, removal, and replacement of damaged asphalt concrete pavement "dig-outs" and as an alternative bid item, chip seal pavement coatings, 011 various pavement locations in the City of Chula Vista, California. Work for this project also includes striping, traf'tic control, and other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project. 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 project qualifies for a Class l(c) categorical exemption pursuant to Section 15301, Existing Facilities, of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council approve the resolution accepting bids and awarding the contract for the "Pavement Rehabilitation Program FY 06/07 Dig-Outs and Chip Seal (STL-340A)" project to Bond Blacktop, Inc. of Union City, CA in the amount of $3,202,378.60 and authorizing the expenditure of all available funds in the project. 2-1 9/18/07, ltemL Page 2 of4 BOARDS/COMMISSION RECOMMENDA nON Not applicable. DISCUSSION Included in the FY2006-07 CIP Budget is a project for the rehabilitation of deteriorating pavement throughout the city. Public Works Operations and Engineering, through the Pavement Management System, developed a priority list of streets to be included in the program. The total budget for the Pavement Rehabilitation Program FY 2006/2007 is $11,404,515 from Transnet Funds and includes overlay, chip seals, and slurry seals as maintenance strategies. The dig-outs and chip seal project is a component of the Pavement Rehabilitation Program FY 2006/2007 and will use approximately 34% of the pavement program funds. The total funding amount of $3,877,735.39 consists of the following: $3,202,378.60 is proposed to be awarded to the contractor, $40,000.00 shall be used for construction soils and pavement testing, $155,000.00 for City staff time (survey, inspections, and design), and contingencies in the amount of$480,356.79 (15% of contract award). The work for this project consists of the removal and replacement of damaged asphalt concrete pavement at various locations. As an additive bid item, an application of chip seal pavement rehabilitation and associated striping at various locations may be included with this contract should weather permit. This project includes the removal and replacement of asphalt concrete pavement "dig-outs", preparation and application of chip seal, striping and markings, traffic control, other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project as described in these documents. Attachment I shows the list of streets included in the project. According to City Council Policy No. 574-01, if a change order exceeds the cumulative contract change order aggregate amount allowable to be approved by the Director of Public Works, City Council approval is required. That amount totals $183,118.93. However, approval of tonight's resolution will increase the Director of Public Works authority to approve change orders as necessary up to the contingency amount of $480,356.79, an increase of $297,237.86, and authorize staff to expend all available contingencies and increase the value of the contract as necessary due to unforeseen circumstances. Unforeseen circumstances (i.e. poor subgrade, utility conflicts, increase of dig-out quantities, etc.) may cause an increase in quantities beyond what was anticipated during the preparation of the project specifications. A typical "unforeseen circumstance" situation occurs during the dig-out process as pavement distress areas are repaired (dig-outs). Oftentimes, additional areas are repaired beyond what is anticipated due to the failing area increasing in size. As a result, additional material is required to repair the areas and may lead to a necessary "Change Order" to the contract. This is a typical situation with all pavement rehabilitation projects. Project Design staff has prepared specifications and advertised the project. Seventeen (17) contractors purchased copies of the bid documents. Staff received and opened four (4) bids on September 12, 2007. The following bids were received: 2-2 9/18/07, ItemL Page 3 of 4 CONTRACTOR BID AMOUNT 1. Bond Blacktop, Inc. - Union City, CA $3,202,378.60 2. International Surfacing Systems - Modesto, CA $3,329,090.90 3. Manhole Adjusting, Inc. - Pico Rivera, CA $3,573,040.43 4. Windsor Fuel Company - Windsor, CA $3,629,590.20 The low bid submitted by Bond Blacktop, Inc. of Union City, CA is below the Engineer's estimate of $4,600,000.00 by $1,397,621.40 (30.38% below the Engineer's estimate). Staff has verified the references provided by the contractor and their work has been satisfactory. Disclosure Statement Attachment 2 is a copy of the contractor's Disclosure Statement. Wage Statement The source of funding for this project is Transnet funds. Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that the decision concerns repairs, replacement, or maintenance of existing streets or similar facilities and, therefore, there is not a material financial effect of the decision on the property holdings of the City Council Members pursuant to California Code of Regulations sections l8704.2(b)(2) and 1 8705.2(b)(1). Council members McCann, Castaneda, and Ramirez each have properties located within 500 feet of the project vicinity. FISCAL IMPACT FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $3,202,378.60 B. Contingencies (15% of contract) $480,356.79 C. Staff Time Cost (approx 5% of total): $195,000.00 Construction Inspection (2%) $75,000.00 Design/Construction Management (1.3%) $50,000.00 Survey Work (0.26%) $10,000.00 Planning/Environmental/Traffic/Landscape/Public Works (0.52%) $20,000.00 Soil Testing (1 %) $40,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $3,877,735.39 2-3 9/18/07, Item~ Page 4 of 4 FUNDS AVAILABLE FOR CONSTRUCTION A. Transnet (Transfer from STL-340) $3,877,735.39 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $3,877,735.39 Upon completion of the project, the improvements will reqUIre only routine City street maintenance. ATTACHMENTS 1. List of streets included in project 2. Contractor's Disclosure Statement Prepared by: Jeff Maneda, Sr. Civil Engineer, General Services Department M:\General Services\GS Administration\Council Agenda\STLJ40A Chip Seal and Dig-Outs\STL-340A Chip Seal Award AI13.jcm.doc 2-4 CITY OF CHULA VISTA 2007 DIG-OUT AND CHIP SEAL I'-) I C11 # STREET BEGINNING ENDING REPAIR METHOD LOCATION LOCATION 1 RANCHO DEL REY PKWY AVENIDA DEL REY PASEO BURGA DIG-OUT ONLY, NO CHIP SEAL" 2 RANCHO DEL REY PKWY BUENA VISTA WAY AVENIDO DEL REY DIG-OUT ONLY, NO CHIP SEAL!! 3 RANCHO DEL REY PKWY PASEO BURGA DEL REY BLVD. DIG-OUT ONLY, NO CHIP SEAL!! 4 RANCHO DEL REY PKWY DEL REY BLVD. BUENA VISTA WAY DIG-OUT ONLY, NO CHIP SEAL!! 5 TERRA NOVA DR. PLAZA DEL CID N. RANCHO DEL REY DIG-OUT ONLY, NO CHIP SEAL" 6 BUENA VISTA WAY RANCHO DEL REY BLVD. "H"ST. DIG-OUT ONLY, NO CHIP SEAL" 7 TELEGRAPH CANYON RD. NACION AVE. PASEO LADERA DIG-OUT AND CHIP SEAL 8 TELEGRAPH CANYON RD. LA MEDIA ROAD PASEO LADERA DIG-OUT AND CHIP SEAL 9 TELEGRAPH CANYON RD. LA MEDIA ROAD FENTON STREET DIG-OUT AND CHIP SEAL 10 OT A Y LAKES ROAD FENTON ST. WUESTE ROAD. DIG-OUT AND CHIP SEAL 11 HUNTE PKWY CLUBHOUSE DR. PONTE VEDRA WY DIG-OUT AND CHIP SEAL 12 HUNTE PKWY N. GREENSVIEW DR CLUBHOUSE DR. DIG-OUT AND CHIP SEAL 13 HUNTE PKWY PONTE VEDRA WY. S. GREENSVIEW DR. DIG-OUT AND CHIP SEAL 14 HUNTE PKWY S. GREENSVIEW DR. OLYMPIC PARKWAY DIG-OUT AND CHIP SEAL 15 ORANGE AVE. PALOMAR ST. HILL TOP DR. DIG-OUT AND CHIP SEAL 16 PALOMAR ST. WALNUT AVE. BAY BLVD. DIG-OUT AND CHIP SEAL 17 BROADWAY NAPLES ST. PALOMAR ST. DIG-OUT AND CHIP SEAL 18 EASTLAKE DR. LAKESHORE DR. RIDGEWATER DR. CHIP SEAL 19 EASTLAKE PARKWAY MILLER DR. OTAY LAKES ROAD DIG-OUT AND CHIP SEAL 20 "H" STREET FOURTH AVE. SECOND AVE. DIG-OUT AND CHIP SEAL 21 "I" STREET FOURTH AVE. SECOND AVE. DIG-OUT AND CHIP SEAL 22 "K" STREET FIFTH AVE. FOURTH AVE. DIG-OUT AND CHIP SEAL 23 LANE AVE. PROCTOR VALLEY RD. BOSWELL ROAD DIG-OUT AND CHIP SEAL 24 MARINA PARKWAY SANDPIPER BAY BLVD. DIG-OUT AND CHIP SEAL 25 PROCTOR VALLEY RD. MOUNT MIGUEL RD HUNTE PARKWAY DIG-OUT AND CHIP SEAL 26 E. PALOMAR STREET 1-805 HERITAGE ROAD DIG-OUT AND CHIP SEAL 27 MEDICAL CENTER DRIVE TELEGRAPH CANYON RD E. PALOMAR STREET DIG-OUT AND CHIP SEAL 28 EAST "H" STREET 1-805 MOUNT MIGUEL RD DIG-OUT AND CHIP SEAL ~ ::t J> o I s: m z '-I ~ ATTACHMENT z, City of Chula Vista Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or firumcial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a fmancial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. N/A 2. If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. N/A 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. N/A 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. N/A 5. Has any person' associated with this contract had any financial dealings with an official" of the City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No~ 16 M:IGeneral ServicesIDesignlSn340A Dig-Out ContractlSn-340A DIG-OUTS, CHIP SEAL Cnntract August 2007 final.doc 2-6 If Yes, briefly desenoe the nature of the financial interest the 9fficia1"" may have in this contract 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Cormcil? No .x Yes _ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an officia!"" of the City ofChula Vista in the past twelve (12) months? ("This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No ~ If Yes, which official-. and what was the nature of it ern provided? Date: 09/11/07 --&1111:"'",1 iJ(J~ Signamre of Contractor/Applicant Edward Dillon 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, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 17 M:\General ServicesIDesignlSTL340A Dig-Out ContractlSTL-340A DlG-GurS, CHIP SEAL Contract August 2007 final.doc 2-7 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM FY 06/07 DIG-OUTS & CHIP SEAL (STL-340A)" PROJECT TO BOND BLACKTOP, INe. IN THE AMOUNT OF $3,202,378.87 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT WHEREAS, on September 12, 2007, the Director of General Services received four (4) sealed bids for the "Pavement Rehabilitation Program FY 06/07 Dig-outs & Chip Seal (STL- 340A)" project; 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 project qualifies for a Class I Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because the proposed project consists of minor alterations to an existing public facility involving no expansion of the facility's current use. Thus, no further environmental review is necessary. WHEREAS, the City received bids from four (4) contractors as follows: CONTRACTOR BID AMOUNT 1. Bond Blacktop, Inc. - Union City, CA $3,202,378.60 2. International Surfacing Systems - Modesto, CA $3,329,090.90 3. Manhole Adjusting, Inc. - Pico Rivera, CA $3,573,040.43 4. Windsor Fuel Company - Windsor, CA $3,629,590.20 WHEREAS, the low bid by Bond Blacktop, Inc. is below the Engineer's estimate of $4,600,000.00 by $1,397,621.40 or 30.38%. Staff has verified the references provided by the contractor and their work has been satisfactory. WHEREAS, City Council authorizes the Director of Public Works Operations' authority to approve change orders as necessary up to the total funding available. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept bids and award the contract for the "Pavement Rehabilitation Program FY 06/07 Dig-outs & Chip Seal (STL-340A)" project to Bond Blacktop, Inc. in the amount of $3,202,378.60 and authorize the expenditure of all available funds in the project. Presented by Approved as to form by Jack Griffin Director of Engineering and General Services ~Cl..{Qf\\\ ~~'-.~ Ann Moore "- City Attorney K:\ENGINEER\RESOS\Resos2007\09-18-07\STL340A Reso for Award-complete.doc 2-8 CITY COUNCIL AGENDA STATEMENT ~f:.. CITY OF ...H';;- CHULA VISTA 9/18/2007, Item~ SUBMITTED BY: REVIEWED BY: RESOLUTION APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH RUDOLPH AND SLETTEN, INC. FOR THE SALT CREEK COMMUNITY PARK CAPITAL IMPROVEMENT PROJECT, PR251, INCREASING THE GUARANTEED MAXIMUM PRICE (GMP), APPROVING CHANGE ORDER NO. 1 AND AUTHORIZING INTERPROJECT TRANSFERS AS NECESSARY TO COMPLETE THE PROJECT DIRECTOR OF ENGEEE G AND GENERAL SERVICES(j ~ CITY MANAGER ASSISTANT CITY NAGER '? f 4/STHS VOTE: YES ~. NO D ITEM TITLE: BACKGROUND The City Council previously approved a Design Build agreement with Rudolph and Sletten, Inc. by Resolution 2003-452 for the provision of services necessary to design and construct Salt Creek Conununity Park. This change order amends the GMP for additional services as reconunended by staff. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project was covered in previously adopted Eastlake Trails/Greens Replanning Program Final Subsequent Environmental Impact Report 97-04 (FSEIR 97-04). The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document, Eastlake Trails/Greens Replanning Program Final Subsequent Environmental Impact Report 97-04 (FSEIR 97-04). RECOMMENDATION Council adopt the resolution approving the second amendment to the agreement with Rudolph and Sletten, Inc. for the Salt Creek Conununity Park Capital Improvement Project, PR251, increasing the Guaranteed Maximum Price (GMP), amending the final completion date, approving Change Order No.1 and authorizing interproject transfers as necessary to complete the project. 3-1 9/18/2007, Iteml Page 2 of2 BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION City Council previously approved an agreement and first amendment with Rudolph and Sletten, Inc. for the services required to design and construct Salt Creek Community Park. The project has been proceeding in a manner consistent with the terms ofthe Design Build Agreement and is 99% complete. Pursuant to Section 14 of the Design Build Agreement, the City may direct the Design Builder (D/B) to perform additional services beyond those in the Agreement. In cooperation with the Design Builder and after further review by City staff, staff is recommending additional work including but not limited to landscape, earthwork, repairs and preventative maintenance to the Salt Creek channel banks not covered in the GMP whereby increasing the GMP by $66,023. The additional work proposed as Change Order No. I is further detailed in Attachment 2. The Second Amendment will increase the GMP by said amount for Change Order No. I. Staff is further recommending the authorization ofinterproject transfers from various completed projects necessary to cover the cost of the increase. DECISION MAKER CONFLICT Staff has reviewed the property holdings of Mayor and Council and has found no property holdings within 500 feet of the boundaires of the property which is the subject of this action. FISCAL IMPACT A breakdown of the increased costs and funding necessary to complete the project is as follows: ADDITIONAL COST Change Order No. I $ 66,023 City Admin Cost I Contingency (approx 13%) $ 8,977 TOTAL ADDITIONAL COSTS $ 75,000 AVAILABLE PROJECT FUNDS Park Acquisition Development (PAD) Funds - Existing Available Balance $ 6,896 Interproject Transfers (PAD) Veterans Park (PR238) - complete $ 2,127 Mountain Hawk (PR257) - complete $ 3,545 Recreation Facilities - Fixtures IEquipment (PR265) $ 4,893 Montevalle Community Park IPR250) - comolete $ 57,539 TOTAL AVAILABLE PROJECT FUNDS $ 75,000 Any remaining balance after the project is completed will be returned to the fund. ATTACHMENTS I. Second Amendment to the Design Build Agreement 2. Change Order No.1 Prepared by: Gordon Day, Sr. Building Project Manager. Engineering and General Services Dept. M:IGeneral ServiceslGS AdministrationlCouncil AgendalSalt Creek ParklSalt Creek Second Amdmt CO I.doc 3-2 Ai7!T(!/I/lEN T I Second Amendment To the Design Build Agreement between the City of Chula Vista and Rudolph and Sletten, Inc. For Design and Construction of Salt Creek Community Park This Second amendment is made and entered into this II th day of September, 2007 by and between the City of Chula Vista (herein "City"), a municipal corporation, and Rudolph and Sletten, Inc. (herein "Design Builder or D/B"). City and Design Builder are sometimes hereinafter referred to as Parties ("Parties") RECITALS WHEREAS, the City and D/B entered into an agreement ("Original Agreement") dated November 4, 2003 and approved by City Council Resolution 2003-452, whereby D/B provides design and construction services to the City for the construction of a fully functional park and recreation center including the facilities and site-work; and WHEREAS, the First Amendment to the Original Agreement contained a guaranteed maximum price not to exceed amount of$13,493,898; and WHEREAS, D/B and City staff have value engineered the project to provide the best product at the most effective price; and WHEREAS the parties now desire to amend the Agreement to increase the contract amount to incorporate the guaranteed maximum price of $13,559,921 for a fully functional park and recreation center, Salt Creek Community Park. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the Parties set forth herein, the City and Design Builder agree as follows: 1. Section 13 of the Original Agreement, entitled D/B GMP for Services and Reimbursements, is hereby amended to read as follows: 13.1.1 The GMP shall not exceed $7,715,252 $7,781,275 for the Park and $5,778,646 for building and include within said GMP shall be no more than $1,638,015 for Design Services and General Conditions as previously identified in Section 1.3.1 of this agreement. 2. Except as expressly provided herein all other provisions of the Original Agreement and First Amendment shall remain in full force and affect. 3-3 Signature Page to the Second Amendment to the Design Build Agreement between the City of Chula Vista and Rudolph and Sletten, Inc. F or Design and Construction of Salt Creek Park City of Chula Vista Rudolph and Sletten, Inc. by Cheryl Cox, Mayor by Rene Olivo, Project Executive Date ATTEST: Susan Bigelow, City Clerk Approved in form by: Ann Moore, City Attorney M:\General Services\GS Administration\Council Agenda\lv1ontevalle Community Park DB Al13\Montevalle Park Amendment Signature Page.doc 3-4 ItTT/fCHI7?EI\J1 eoL .;:.~...~o ...........~. RUDOL;H~S~ETTBN (j PROJECT # 2845-0 POTENTIAL CHANGE ORDER ."".",,,,~ .".. ...,........... QI)....lI...C"1'O.' To: The City of Chula Vista 1800 Maxwell Road Chula Vista, CA 91911 pea No: Date Created: Project: 8050 Date Submitted: 8/7/2007 6/22/2007 Dated Returned: Salt Creek Community Park Reason: Direct Costs Architect Ref: Hunsaker & Associates drawings dated 5/7/2007 We submit for your approval the following cost estimate of changes in work as follows: Erosion Slope Repairs at Salt Creek This pea is to provide a portion of the repairs to the Salt Creek per the recommendations of Hunsaker & Associates drawings dated 517/2007. Per meeting with Gordon Day from City of Chula VIsta, Shawn Elihu from 3D Enterprises and Chris Jadwin from Rudolph & Sletten, Inc. on 8/6/2007, the attached pricing is to incorporate the repairs in tlNo areas. Area 1 is on the west side of the creek and south of the skate park. Area 2 is east of the creek and just across from the playground area. Submitted by: Chris Jadwin Job Site: 2710 Otay lakes Road Chula Vista, CA 91915 (619) 491-3585 (619) 491-3585 Phone: Fax: We have $8,289 left in the Owner Allowance that will be used to reduce the overall cost impact; however, approval of this change order will result in an increase to the GMP. # Company 001 3-D Enterprises, Inc 002 Rudolph and Sletten, Inc. 003 City of Chula Vista 004 Rudolph and Sletten Inc. 005 Rudolph and Sletten, Inc. Description Amount Submitted Implement the recommendations on Hunsaker & Associates drawings dated $45,760 5/7/07 R&S General Conditions & Supervision $25,416 Owner Allowances $(8,289) Fee - 4.00% $2,515 Liability Insurance - 0,95% $621 Total amount of ChanQe Order: 8050 Time extension as a result of this Change Order: $66,023 30 Calendar Days D We have proceeded with the revision above in order to minimize cost and schedule impacts, D We have proceeded with the revision above based on your approval of ROM in the amount of : $ . We will proceed with the revision above upon your approval noted by signing below. 3-5 ~...,"o....."....~. RUDOL;H~S~ETTEN (J PROJECT # 2845-0 POTENTIAL CHANGE ORDER .......u.i< .111"'" "..'..1''''.''. ~I).T."'CT-O.. To: The City of Chula Vista 1800 Maxwell Road Chula Vista, CA 91911 pea No: Date Created: Project: 8050 Date Submitted: arT/200? 6/22/2007 Dated Returned: Salt Creek Community Park Reason: Direct Costs Architect Ref: Hunsaker & Associates drawings dated 5rT/200? Submitted by: Chris Jadwin Job Site: 2710 Otay lakes Road Chula Vista, CA 91915 Phone (619) 491-3581 Fax: (619) 491-3585 ~ ./ RECOMMENDED BY: Jeff Katz Architecture ARCHITECT 7290 Navaio Road Suite 106 San Dieao CA Bv Jeff Katz SIGNATURE APPROVED BY: The City of Chula Vista OWNER 1800 Maxwell Road Chula Vista CA 91911 Bv Matt Little RECOMMENDED BY: RudolDh and Sletten Inc GENERAL CONTRACTOR 10955 Vista Sorrento Parkway Suite 1 San Dieao. CA Bv Chris Jadwin SIGNATURE DATE 81712007 DATE DATE 3-6 RESOLUTION 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH RUDOLPH AND SLETTEN, INe. FOR THE SALT CREEK COMMUNITY PARK CAPITAL IMPROVEMENT PROJECT, PR251, INCREASING THE GUARANTEED MAXIMUM PRICE (GMP), APPROVING CHANGE ORDER NO. I AND AUTHORIZING INTERPROJECT TRANSFERS AS NECESSARY TO COMPLETE THE PROJECT WHEREAS, on November 4, 2003, pursuant to Resolution No. 2003-452, the City Council approved a Design Build Agreement with Rudolph and Sletten, Inc. for the Salt Creek Community Park (Project); and WHEREAS, on March 22, 2005, pursuant to Resolution No. 2005-093, the City Council approved a First Amendment to the Design Build Agreement to set the Guaranteed Maximum Price (GMP), update field and court lighting, and revise the statement for substantial and final completion dates; and WHEREAS, the Project has been proceeding in a marmer consistent with the terms of the Design Build Agreement and is 99% complete; and WHEREAS, pursuant to Section 14 of the Design Build Agreement, the City may direct the Design Builder (D/B) to perform additional services beyond those in the Agreement; and WHEREAS, in cooperation with the DIB ar1d after further review by City staff, staff recommends additional work including, but not limited to, landscape, earthwork, and repairs and preventative maintenance to the Salt Creek channel banks not covered in the GMP and increasing the GMP by $66,023; and WHEREAS, staff proposes to enter into a Second Amendment to the Design Build Agreement to increase the GMP by $66,023 for Change Order No. I, and WHEREAS, interproject transfers from various completed projects are necessary to cover the cost of the increase. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista that it approves the Second Amendment to the Design Build Agreement with Rudolph and Sletten, Inc. for the Salt Creek Park Community Park Capital Improvement Project, PR251, increasing the Guaranteed Maximum Price by $66,023 and authorizes the Mayor to sign the Second Amendment. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it approves Change Order No. I, which is attached to and incorporated into this Resolution. BE IT FURTHER RESOLVED by the City Council of the City ofChula Vista that it authorizes the following interproject transfers as necessary to complete the project: 3-7 ADDITIONAL COST Change Order No.1 $ 66,023 City Admin Cost / Contingency (approx lY%) $ 8,977 TOTAL ADDITIONAL COSTS $ 75,000 A VAILABLE PROJECT FUNDS Park Acquisition Development (PAD) Funds - Existing Available Balance $ 6,896 Inter-project Transfers (PAD) Veterans PD.rk (PR238) - complete $ 2,127 .vlountain Hawk (PR257) - complete $ 3,545 Recreation Facilities - Fixulres IEquipment (PR265) $ 4,893 Montevalle Community Park (PR250) - cOl11olete $ 57,539 TOTAL A V AILABLE PROJECT FUNDS $ 75,000 Presented by Approved as to fonn by Jack Griffin Director of Engineering and General Services \--d~ {U~ r Ann Moore ' City Attorney Attachment: Change Order 1 J:\AltOn1cy'RESO\GENERAL SERVICES\Salt ('I"eek CUIl1Tll Park - Second Amumt to Agreement with Rudolph nnd Sletten. doc 3-8 -- 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 '. -cJ}~ (;L h~;6!~ Ann Moore U City Attorney Dated: 1/ III () "1 I Second Amendment to the Design Build Agreement Between the City of Chula Vista and Rudolph and Sletten, Inc. for Design and Construction of Salt Creek Community Park 3-9 Second Amendment To the Design Build Agreement between the City of Chula Vista and Rudolph and Sletten, Inc. For Design and Construction of Salt Creek Community Park This Second amendment is made and entered into this II th day of September, 2007 by and between the City of Chula Vista (herein "City"), a municipal corporation, and Rudolph and Sletten, Inc. (herein "Design Builder or D/B"). City and Design Builder are sometimes hereinafter referred to as Parties ("Parties") RECITALS WHEREAS, the City and D/B entered into an agreement ("Original Agreement") dated November 4, 2003 and approved by City Council Resolution 2003-452, whereby D/B provides design and construction services to the City for the construction of a fully functional park and recreation center including the facilities and site-work; and WHEREAS, the First Amendment to the Original Agreement contained a guaranteed maximum price not to exceed amount of$13,493,898; and WHEREAS, D/B and City staff have value engineered the project to provide the best product at the most effective price; and WHEREAS the parties now desire to amend the Agreement to increase the contract amount to incorporate the guaranteed maximum price of $13,559,921 for a fully functional park and recreation center, Salt Creek Community Park. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the Parties set forth herein, the City and Design Builder agree as follows: I. Section 13 of the Original Agreement, entitled D/B GMP for Services and Reimbursements, is hereby amended to read as follows: 13.1.1 The GMP shall not exceed $7,715,252 $7,781,275 for the Park and $5,778,646 for building and include within said GMP shall be no more than $1,638,015 for Design Services and General Conditions as previously identified in Section 1.3.1 of this agreement. 2. Except as expressly provided herein all other provisions of the Original Agreement and First Amendment shall remain in full force and affect. 3-10 Signature Page to the Second Amendment to the Design Build Agreement between the City of Chula Vista and Rudolph and Sletten, Inc. For Design and Construction of Salt Creek Park City of Chula Vista Rudolph and Sletten, Inc. by Cheryl Cox, Mayor by R~ne Olivo, Project Executive Date ATTEST: Susan Bigelow, City Clerk Approved in form by: Ann Moore, City Attorney M:\General Services\GS Administration\Council Agenda\lvl.ontevalle Community Park DB Al 13\Montevalle Park Amendment Signature Page,doc 3-11 CITY COUNCIL AGENDA STATEMENT 9/18/07, Item 4 ITEM TITLE: RESOLUTION ACCEPTING AND APPROPRIATING $59,379 IN UNANTICIPATED REVENUES FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING - BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACTIVITIES GRANT PROGRAM DIRECTOR OF PUBLIC WORKS lb "" \* DIRECTOR OF EN!!GG AND GEmRAL SERVICE~ CITY MANAGER ~ ASSISTANT CITY NAGER 5--:r- 4/STHS VOTE: YES ~ NO 0 SUBMITTED BY: REVIEWED BY: BACKGROUND The California Department of Conservation, Division of Recycling (DOR) distributes $10.5 million for fiscal year 2007/2008 to eligible cities and counties specifically for beverage container recycling and litter clean up activities. The goal of the DOR's beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value (CRV) beverage containers - aluminum, glass, plastic and bi-metal. Projects implemented by cities and counties assist the Department in reaching and maintaining their goal. Each city is eligible to receive a minimum of $5,000 or an amount calculated by the DOR, on a per capita basis, whichever is greater. Chula Vista has received $59,379 for 2007-08. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution accepting a grant from the California Department of Conservation, Division of Recycling - Beverage Container Recycling and Litter Reduction Activities Grant Program appropriating the funds in the amount of $59,379 to the FY08 personnel ($20,000) and supplies/services ($39,379) budget of the Environmental Services Grant Fund. 4-1 9/18/07, Item t.l Page~ BOARDS/COMMISSION RECOMMENDA nON Not applicable. DISCUSSION The California Beverage Container Recycling and Litter Reduction Act requires the Department of Conservation - Division of Recycling (DOR) to distribute approximately $10.5 million per year to eligible Cities and Counties for beverage container recycling and litter clean up activities (Section 14581 (a)(4)(A)). Chula Vista has received a $59,379 award, calculated on a per capita basis. These funds will assist the City in meeting the state mandated landfill diversion requirements (AB 939, the California Integrated Waste Management Act) by funding program activities that will increase the City's diversion of rigid containers: glass, aluminum, steel and plastic food and beverage containers DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500-foot rule found in California Code of Regulations Section l8704.2(a)(1) is not applicable to this decision. FISCAL IMPACT The funds are awarded upon request and are directed to beverage container recycling and litter reduction programs. There will be no impact to the general fund as a result of accepting these funds or implementing the programs described. ATTACHMENTS None. Prepared by: Lynn France, Environmental Services Manager, Public Works Dept. M:\General Services\GS Administration\Council Agenda\Environmental\AGENDA STA TEMENTS\DOCDOR Grant 07-08, 9-11-07a.doc 4-2 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $59,379 IN UNANTICIPATED REVENUES FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING - BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACTIVITIES GRANT PROGRAM WHEREAS, the California Department of Conservation, Division of Recycling (DOR) is distributing $10.5 million for Fiscal Year 2007-08 to eligible cities and counties specifically for beverage container recycling and litter clean up activities; and WHEREAS, the goal of the DOR's beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value (CRV) beverage containers - aluminum, glass, plastic and bi-metal. Projects implemented by cities and counties assist the DOR in reaching and maintaining their goal; and WHEREAS, each city is eligible to receive a minimum of $5,000 or an amount calculated by the DOR, on a per capita basis, whichever is greater, and Chula Vista has been awarded $59,379; and WHEREAS, staff will be using these funds to promote the DOR objectives within the City's recycling programs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista accepts a grant in the amount of $59,379 from the California Department of Conservation, Division of Recycling - Beverage Container Recycling and Litter Reduction Activities Grant Program, and appropriates that amount to the Wages ($20,000) and Supplies and Services ($39,379) budget of the Environmental Services Grant Fund, based upon unanticipated revenues. Presented by Approved as to form by / ( Dave Byers Public Works Operations Director H:\Attomey\FinaJ Resos\2Q07\9 18 07\Beverage Container and Litter Grant 9 ] 8 07.doc 4-3 CITY COUNCIL AGENDA STATEMENT ~\r~ CITY OF ~~ (HULA VISTA Item No.: 5 Meeting Date:9/18/07 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A CONTRACT TO ANACOMP, INC. FOR RECORD DIGITIZATION SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT SUBMITTED BY: DIRECTOR OF PLANNI~I ~ND BUILDINf CITY MANAGER /Jlli]Jp ASSISTANT CITY 1ANAGER <;>,-- REVIEWED BY: 4/5THS VOTE: YES NO X BACKGROUND The requested digitization services contract will assist this department, and any other City department needing the services, to archive permanent City records in digital format, in a format compatible with City Clerk records retention standards. Having conducted a competitive bid process, this contract ensures the City will receive the services at very competitive rates. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it involves only the approval of a contract to archive permanent City records in digital format; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That the City Council award the attached record digitization services contract to Anacomp, the lowest total bid for the requested services, and directs the Mayor to execute the agreement. BOARDS/COMMISSION RECOMMENDATION: None. 5-1 Item No.: '5 Meeting Date:9/18/07 Page 2 of 3 DISCUSSION Background In April 1999, the City Clerk's Office received approval to begin a migration of the City's records archiving to a digital database, accessible by Laserfiche@ database software. Until this conversion began, the Department of Planning and Building archived permanent records in multiple media, including paper files, microfilm, microfiche and aperture cards, stored in multiple locations. None of these records were in digital format. Some City departments are responsible for the retention of permanent public records, and Planning and Building is one such department. Building permit support documentation, building plans, and land-use entitlement case files must be permanently preserved. For the past six years, the Department has augmented its limited in-house records digitizing with the professional services of an outside supplier. Over this period of time, the supplier has assisted the Department in digitizing records from a variety of media, including rolled plans, folded plans and case files, microfilm, microfiche, aperture cards, and bulk inspection records. This conversion has helped improve service to the public in making records available on the desktop personal computers of City staff, and largely eliminated the time-consuming search for archived paper records. Records that have been digitized are often accessed by the public at the self-help stations in the lobby of the Public Services Building, a service not offered prior to records digitization. Apart from the benefits of uniform formatting, the existing state of archived paper documents are preserved at the time the documents are digitized, halting a further loss of quality due to deterioration. Since 200 I, Planning & Building Department has digitized over 1.2 million images and eliminated microfilm, microfiche and aperture cards as archive media for the department. Consultant Selection Process In May, 2007, the City's Acting Purchasing Agent advertised a Notice to Bidders for Records Digitizing Services. On May 18 a mandatory pre-bid meeting for potential bidders was convened, with media samples open and available for inspection. The samples were collected from City departments who expressed an interest in the services. Three vendors attended the meeting. Subsequent to the meeting, an amendment was issued to the attendees to clarify two points. By the June I deadline, all three vendors had submitted formal bids. Using quantities from eighteen prior Planning and Building Department invoices for the same services, ana representing the mix of media expected over the next year, vendor bid unit pricing was assigned, and the results showed Anacomp to be the lowest total price by $26,000 over the next lowest bidder, Docusure. The third lowest bid by ALC Legal was $212,600 higher than the lowest bidder, Anacomp. Anacomp was the lowest responsive and responsible bidder. These numbers represent analytical comparisons, and are not a reflection of guaranteed future business. It is anticipated, however, that if all five one-year extensions are exercised over the period of the proposed service 5-2 Item No.: .5' Meeting Date:9/18/07 Page 3 of 3 agreement, the City will spend in excess of $100,000 with the supplier for these services. Staff evaluated a product sample and conducted reference checks, both to their satisfaction. Conclusion Based on the lowest total bid for the requested records digitization services, staff recommends awarding this services contract to Anacomp. The initial term of the contract is one year, renewable in five subsequent one-year intervals based on mutual consent. While the Department of Planning and Building is initiating this service contract, use of this supplier is intended for the benefit of any City department requiring such services. DECISION-MAKER CONFLICTS: Not Applicable: Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations Section 18704.2(a)(I) is not applicable to this decision. FISCAL IMP ACT Budget for these contract services is included in the FY 2008 budget for the Planning and Building Department. The anticipated costs for these services were considered costs of doing business and included in the Planning & Building fees as approved in the Planning & Building Fee Study in January 2007. For FY2008, Planning & Building planned and budgeted to use $89,300 for said services, but this may be less due to City budgetary needs. Any other department utilizing the services would do so from available budget within the department requesting the services. In future years, use of said services will be dependent on departmental services budget available, and there is no guarantee to the service provider for level of business from the City. This contract just guarantees the City competitive rates when services are requested. ATTACHMENTS 1. 2-Party Agreement with Anacomp, Inc. Prepared by: Bob McSeveney, Principal Management Analyst, Planning & Building Department H:\Planning\BobMc\Anacomp Ai 13 9-11.07rl.doc 5-3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VIST A A WARDING A CONTRACT TO ANACOMP, INC. FOR RECORD DIGITIZATION SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the City Clerk has endorsed Citywide usage of records digitization to preserve permanent records and the utilization of Laserfiche @ software to access digitized public records; and WHEREAS, over the past six years, the Planning & Building Department has converted over 1.2 million records to digital format with the assistance of contracted digitization services; and WHEREAS, the most recent contract for these services expired in April, 2007; and WHEREAS, in May, the City advertised for and conducted a competitive fOlmal request for proposals for these services according to Chapter 2.56 of the Municipal Code, and Section 1010 of tbe City Charter; and WHEREAS, Anacomp, Inc. submitted the lowest responsive and responsible bid for tbe requested services; and WHEREAS, the proposed agreement is for an initial period of one fiscal year, with five one-year options for renewal by mutual agreement between City and Anacomp, Inc.; and WHEREAS, the compensation under the proposed agreement is the per image scan charges and per document index charges, if indexing is requested by the City, as detai led in the proposed agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista tbat it awards a contract to Anacomp, Inc. for records digitization services and authorizes the Mayor to execute the agreement. Presented by Approved as to fonn by J.D. Sandoval Planning and Building Director y1()'- 1 /I~ ' .t'=-<'l) eft.. j Ai /1, }.A'-' /'j Ann Moore " City Attorney ]!:"PLA:-';;-";IN(i\Bl1bMc\AIl~COll1p Resl1 ()-II-07 revised by ec.doc 5-4 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~ tthv~~ {/ Ann Moore City Attorney Dated: '9/ 5-!-0 7 I i Agreement between City of Chula Vista And Anacomp, Inc. for Records Digitization Services 5-5 Parties and Recital Page(s) Agreement between City of Chula Vista and Anacomp, Inc. for Records Digitization Services This agreement ("Agreement"), dated 8/10/2007 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph I, is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as Supplier, whose business form is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6 ("Supplier"), and is made with reference to the following facts: Recitals Whereas, City is engaged in a records digitization program to electronically preserve permanent public records; and, Whereas, the ability to digitize the shear volume and type of records is often beyond the capabilities of existing City resources; and, Whereas, City advertised for and conducted a competitive formal request for proposal according to Municipal Code, Section 2.56, and the City Charter, Section 1010; and Whereas, Supplier bid the lowest total pricing, provided acceptable service samples, and provided good customer references; and Whereas, Supplier warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) 5-6 Page I Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Supplier do hereby mutually agree as follows: 1. Supplier's Duties A. General Duties Supplier shall perform all ofthe services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Supplier shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Supplier, from time to time reduce the Defined Services to be performed by the Supplier under this Agreement. Upon doing so, City and Supplier agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services No additional services will be required of Supplier. E. Standard ofeare Supplier, in performing any Services under this agreement, whether Defmed Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Supplier must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Supplier, his agents, representatives, employees or subcontractors and 5-7 Page 2 provide documentation of same prior to commencement of work. The insurance must be maintained for the duration of the contract. Minimum Scope of Insurance Coverage must be at least as broad as: (I) Insurance Services Office Commercial General Liability coverage (occurrence Form CGOOOI). (2) Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code I (any auto). (3) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. Minimum Limits of Insurance Supplier must maintain limits no less than: I. General Liability: (Including operations, products and completed operations, as applicable) 2. Automobile Liability: 3. Workers' Compensation Employer's Liability: 4. Professional Liability or Errors & Omissions Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this projectllocation or the general aggregate limit must be twice the required occurrence limit. $1,000,000 per accident for bodily injury and property damage. Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee $1,000,000 each occurrence Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option ofthe City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the 5-8 Page 3 Supplier will provide a fmancial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: (1) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Supplier, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Supplier, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (2) The Supplier's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance ofthe contractor and in no way relieves the contractor from its responsibility to provide insurance. (3) The insurance policy required by this clause must be endorsed to state that coveragewill not be canceled by either party, except after thirty (30) days' prior written notice. Anacomp agrees to inform the City of such cancellation by certified mail, return receipt requested. (4) Coverage shall not extend to any indenmity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (5) Supplier's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: (1) The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. (3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Supplier must 5-9 Page 4 purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (4) A copy of the claims reporting requirements must be submitted to the City for review. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. Ifinsurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coverage Supplier shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subcontractors Suppliers must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants are subj ect to all ofthe requirements included in these specifications. G. Security for Performance (l) Performance Bond In the event that Exhibit A, at Paragraph 18, indicates the need for Supplier to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Supplier shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fTns.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 ofthe Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A, Paragraph 18. 5-10 Page 5 (2) Letter of Credit In the event that Exhibit A, at Paragraph 18, indicates the need for Supplier to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Supplier shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Supplier is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Exhibit A, Paragraph 18. (3) Other Security In the event that Exhibit A, at Paragraph 18, indicates the need for Supplier to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Supplier shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. H. Business License Supplier agrees to obtain a business license from the City and to otherwise comply with Title 5 ofthe Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Supplier for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Supplier throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and with the further understanding that delay in the provision of these materials beyond thirty (30) days after authorization to proceed, shall constitute a basis for the justifiable delay in the Supplier's performance of this agreement. City shall determine if the City requires Supplier to index. If City decides to use Supplier to index, City shall provide to Supplier a printed list of documents to be indexed with index field information or shall identify the location of indexing information on the source documents themselves for extraction by Supplier. B. Compensation Upon receipt of a properly prepared billing from Supplier submitted to the City periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the 5-11 Page 6 day ofthe period indicated in Exhibit A, Paragraph 17, City shall compensate Supplier for all services rendered by Supplier according to the terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the goveming compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Supplier for out of pocket expenses as provided in Exhibit A, Paragraph II. All billings submitted by Supplier shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17(C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term This Agreement shall terminate on June 30, 2008, unless extended by mutual agreement between the City and the Supplier for five one-year periods, but in no event later than June 30, 2013. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Supplier shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 ("Liquidated Damages Rate"). Time extensions for delays beyond the Supplier's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Supplier 5-12 Page 7 A. Supplier is Designated as an FPPC Filer If Supplier is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Supplier is deemed to be a" Supplier" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate Regardless of whether Supplier is designated as an FPPC Filer, Supplier shall not make, or participate in making or in any way attempt to use Supplier's position to influence a governmental decision in which Supplier knows or has reason to know Supplier has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests Regardless of whether Supplier is designated as an FPPC Filer, Supplier warrants and represents that Supplier has diligently conducted a search and inventory of Supplier 's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Supplier does not, to the best of Supplier's knowledge, have an economic interest which would conflict with Supplier's duties under this agreement. D. Promise Not to Acquire Conflicting Interests Regardless of whether Supplier is designated as an FPPC Filer, Supplier further warrants and represents that Supplier will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests Regardless of whether Supplier is designated as an FPPC Filer, Supplier further warrants and represents that Supplier will immediately advise the City Attorney of City if Supplier learns of an economic interest of Supplier's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests Supplier warrants and represents that neither Supplier, nor Supplier's inunediate family members, nor Supplier's employees or agents ("Supplier Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14. 5-13 Page 8 Supplier further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Supplier or Supplier Associates in connection with Supplier's performance of this Agreement. Supplier promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. Supplier agrees that Supplier Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the written permission of City. Supplier may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Supplier's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Supplier shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Supplier, and Supplier's employees, subcontractors or other persons, agencies or firms for whom Supplier is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Supplier, its employees, agents or officers, or any third party. With respect to losses arising from Supplier's professional errors or omissions, Supplier shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Supplier's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Supplier's obligations under this Section shall not be limited by any prior or subsequent declaration by the Supplier. Supplier's obligations under this Section shall survive the termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects, landscape architects, surveyors and engineers), the following indemnification provisions should be utilized: (1) Indemnification and Hold Harmless Agreement 5-14 Page 9 With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for inj ury to any person or property caused or claimed to be caused by the acts or omissions of the Supplier, or Supplier's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 7.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Supplier, its employees, agents or officers, or any third party. The Supplier's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Supplier's obligation and duties under Section Exhibit A to this Agreement. (2) Indemnification for Professional Services. As to the Supplier's professional obligation, work or services involving this Project, the Supplier agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, that arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Supplier and its agents in the performance of services under this agreement, but this indemnity does not apply liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by City or the agents, servants, or independent contractors who are directly responsible to City, or arising from the active negligence of City. 8. Termination of Agreement for Cause If, through any cause, Supplier shall fail to fulfill in a timely and proper manner Supplier's obligations under this Agreement, or if Supplier shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Supplier of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. Excessive turnaround times are cause for termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Supplier shall, at the option of the City, become the property of the City, and Supplier shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Supplier's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Suppliers' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Supplier 5-15 Page 10 shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Supplier of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Supplier shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Supplier hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Supplier are personal to the City, and Supplier shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. City hereby consents to the assignment of the portions ofthe Defined Services identified in Exhibit A, Paragraph 16 to the sub consultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Supplier in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as maybe limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Supplier shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Supplier's work products. Supplier and any of the Supplier's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, 5-16 Page II social security tax or any other payroll tax, and Supplier shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Supplier shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to 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. 16. Statement of Costs In the event that Supplier prepares a report or document, or participates in the preparation of a report or document in performing the Defmed Services, Supplier shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Supplier not authorized to Represent City Unless specifically authorized in writing by City, Supplier shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Supplier is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 15 is marked, the Supplier and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Supplier represents that neither Supplier, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be 5-17 Page 12 deemed to have been properly given or served ifpersonally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawN enue This Agreement shall be governed by and construed in accordance with the laws ofthe State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. (End of page. Next page is signature page.) 5-18 Page 13 Signature Page to Agreement between City of Chula Vista and Anacomp, Inc for Records Digitization Services IN WITNESS WHEREOF, City and Supplier have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: City ofChnla Vista By: Cheryl Cox, Mayor Attest: Susan Bigelow, City Cler-k Approved as to form: Arm Moore, City Attorney Dated: Ana~~c. B~>~~ Paul Najar, , General Counsel & Secretary By: Exhibit List to Agreement ( X ) Exhibit A ( X ) Attachment 1 Page 14 5-19 Exhibit A to Agreement bet\veen City of Chula Vista and Anacomp, Inc. I. Effective Date of Agreement: September II. 2007 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation ofthe State of California ( ) Redevelopment Agency of the City ofChula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: , a [insert business form] ("City") 3. Place of Business for City: City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Supplier: Anacomp, Inc. 5. Business Form of Supplier: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Supplier: 15378 Avenue of Science San Diego, California 92128 Voice Phone: (858) 716-3400, (562) 802-3673 Fax Phone: (562) 802-3912 5-20 Page 15 7. General Duties: Supplier shall perform records digitization services to the City of Chula Vista, which includes scanning a variety of source documents into digital images, and delivering to the City on CDiDVD in a format easily imported into the City's Lasertlche@software database. 8. Scope of Work and Schedule: A. Detailed Scope of Work: 1. Supplier shall develop a test plan to define the minimum quality level requirements, provide Supplier a method of measuring acceptable image quality, and provide the City with representative sample images. The City shall accept the test plan prior to any work being started pursuant to this Agreement. 2. Supplier shall pick-up, transport, and temporarily store all source documents. 3. Supplier shall prepare all source documents for digitization (remove fasteners, unfold, unroll, flatten). 4. Supplier shall digitize for delivery to City one original of digitized images on compact disk standard quality (CD) or digital video disk (DVD) in "briefcase" format for importation into Laserfiche@ database software system, or comparable format. The actual images shall be in TIFF4 format. Any third-party import software selected by Supplier for this process, for example Import List Manager, shall be configured by Supplier for said importing into Laserfiche@, recognizing this is Supplier's area of expertise and not City's area of expertise. 5. Supplier shall package and label each CDiDVD as directed by City. 6. Supplier shall label each document (multi-page TIFF4 file) as directed by City. 7. Supplier shall deliver original documents in original containers, along with digitized images, back to the City, no later than 21 calendar days from the date of pick-up unless alonger period is approved by the City. Individual documents shall not be re-fastened, although rubber bands on rolled plans and around packets shall be replaced. 8. Supplier shall re-digitize poor or illegible images that do not conform to the minimum quality level requirements as set forth in Item I of the Scope of Work as may be required by the City, at no additional cost. 9. Source documents shall be picked-up by Supplier within two (2) working days from notice by the City or as otherwise directed by City. Turnaround time for processing and delivery shall not exceed twenty-one (21) calendar days. Upon request by the City, a source document shall be returned to the City within five (5) calendar days. 10. Supplier shall index source documents as requested by the City. 11. Supplier shall safeguard source documents from theft, loss, and physical hazards, including but not limited to sunlight, water, mildew, and heat. 12. Supplier shall use only bonded courier services, approved by the City, which approval shall not be unreasonably withheld, to transport the source material to and from the City. 13. Supplier shall work with the City to establish a process for tracking all source documents. This process shall be in writing and shall be approved by the City. 5-21 Page 16 14. Supplier shall use, at a minimum, each and every measure outlined in Attachment 1 to this Agreement to protect the safety and confidentiality of the City's source documents. 15. Supplier shall perform an audit at the conclusion of each batch to ensure compliance with this Detailed Scope of Work. The results of each audit shall be in writing and shall be approved by the City. B. Date for Commencement of Supplier Services: ( X ) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliver abies: Deliverables: Digitized images to be returned to City on standard CD/DVD qualitv media within 21 calendar davs of pick-up. unless timeframe otherwise extended by City- D. Date for completion of all Supplier services: June 30. 2008. with five one-year extensions by mutual agreement between City and Supplier, taking the maximum potential term onhe Agreement to June 30.2013. 9. Materials Required to be Supplied by City to Supplier: Any and all records to be digitized, including boxes containing the records. 10. Compensation: Compensation shall be in accordance with the per-image scan charges and per document indexing charges as detailed below: A Digitization, Black & White - 300dpi, paper records. Description (Record Size) 1. Size A (8-1/2" xii") 2. Size B (II" x IT') 3. Size C (18" x 24") 4. Size D (24" x 36") 5, Size E (36" x 48") Unit Cost $0.039 $ 0.049 $ 0.79 $ 0.79 $ 0.99 B. Digitization, Color - 300dpi, paper records. Description (Record Size) 1. Size A (8-1/2" x II") 2. Size B (II" x 17") 3. Size C (18" x 24") Unit Cost $ 0.054 $ 0.064 $ 1.09 5-22 Page 17 4. Size D (24" x 36") 5. Size E (36" x 48") $ 1.09 $ 1.39 C. Digitization, Black & White - 300dpi, film Description (Record Size) 1. 16 mm rolled microfilm -per frame 2. 35 mm rolled microfilm - per frame 3. 16 mm COM microfiche -per frame 16 mm Jacket microfiche - per frame 4. 35 mm Jacket microfiche -per frame 5. Aperture cards - per card 6. Codex cards - per card Unit Cost $ 0.035 $ 0.045 $ 0.045 $ 0.085 $ 0.085 $ 0.65 $ 0.65 D. Indexing - per document Description Unit Cost 1. Indexing price per Case File Document (1 OA&B above) $ 0.45 Indexing price per Aperture Card & Codex $ 0.45 Indexing price per Fiche $ 0.45 (Assumption -70 Chars.; Case Number-lO, Address - 30, Title - 30) 2. Indexing price per Building Permit (10A&B above) $ 1.435 (Assumption - 205 Characters; Activity No. - 20, Address - 35, APN - 30, Project Description - 35, Development Name - 20, Project Name - 35, Document Type - 25, Tag No. - 5) 3. Indexing per Film Roll $ 0.144 (Assumption - 24 Chars.; Year- 4, BeginninglEnding Case No. - 10 each) Unit Cost for digitization includes pick-up and delivery, preparation, scanning, writing to standard quality compact disks (CDs) or digital video disks (DVDs), media labeling and sleeves and temporary source document storage. Price Escalation: These prices are guaranteed for the period between September 11, 2007 and June 30, 2008. One (1) price increase may be allowed for each successive option renewal period only as the result of: 1) Manufacturer or supplier price increases in the service offered; or, 2) Governmental or regulatory agency increases to the trade; or, 3) Regional Consumer Price Index (CPI) increases to the industry. Any request for a price increase shall be substantiated with documentation from a manufacturer, supplier, or governmental agency and must be submitted in writing at least thirty (30) days prior to the effective date of the increase. Overall increases of greater than 5% from prior year prices shall not be allowed. The City shall accept any price increase in its sole and absolute discretion. 5-23 Page 18 All other terms and conditions during option periods shall remain the same. The City may negotiate additional favorable pricing, terms, and conditions provided that the original scope of the Agreement remains substantially unchanged. The City does not guarantee any minimum number of source documents to be digitized or indexed or guarantee any minimum compensation to Supplier. 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Supplier in the performance of services herein required, City shall pay Supplier at the rates or amounts set forth below: (X ) None, the compensation includes all costs. 12. Contract Administrators: City: Bob McSeveney, Principal Management Analyst, Public Services Building, 276 Fourth Av, Chula Vista, CA 91910, ph: (619)585-5712, FAX: (619)409-5861, email: b mcsevenev(ciki. chula -vista. ca. us. Supplier: Diane Kipp, Account Manager, 13073 E. 166th St, Cerritos, CA 90703, ph: (562) 802-3673, FAX: (562) 803-3913, email: dkipp(@anacomp.com. 13. Liquidated Damages Rate: ( ) S ( ) Other: per day. 14. Statement of Economic Interests, Supplier Reporting Categories, per Conflict of Interest Code: (X ) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No. 1. Investments and sources of income . ( ) Category No.2. Interests in real property. ( ) Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No.4. Investments in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property. 5-24 Page 19 ( ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. ( ) List" Supplier Associates" interests in real property within 2 radial miles of Project Property, if any: 15. ( ) Supplier is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: 17. Bill Processing: A. Supplier's Billing to be submitted for the following period oftime: ( ) Monthly ( ) Quarterly (X) Other: Supplier shall include an invoice with each batch returned to the City. The invoice shall include the source document box numbers and a list of quantities of each type (record size. color. etc.) of document digitized or indexed. B. Day of the Period for submission of Supplier's Billing: ( ) First ofthe Month ( ) 15th Day of each Month ( ) End of the Month ( X ) Other: with each batch returned to the Citv. C. City's Account Number: various 18. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ 5-25 Page 20 (X)Retention. If this space is checked, then nom'ithstanding other provisions to the contrary requiring the payment of compensation to the Supplier sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 100% ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services (X) Other: Approval of the audit for each batch returned to the City. to be completed within 30 davs of receipt of batch 5-26 Page 21 ATTACHMENT 1 Location of Work and Security Anacomp will process the various work requirements for the City of Chula Vista at our Corporate Headquarters and Data Center located at 15378 Avenue of Science, San Diego, CA 92128 where core IT, Technical Services and Production teams are located. The security and safety controls at the Headquarters facility consist of three major systems. These systems and subsystems are: a) ACCESS CONTROL with a proximity badge reader system; b) INTRUSION DETECTION with the use of a digital video camera-monitoring- recording-playback system throughout the building, infra-red motion detection intrusion detection system in key areas, tamper monitors throughout key sensitive inside and outside areas of the facility, and a burglar alarm system at key areas throughout the facility; c) FIRE SUPPRESSION SYSTEM with both a FM200 and overhead water sprinkler system (including smoke detectors and sound alarms) in designated. areas throughout the facility. And finally, in addition to the ADT Security Service 7/24/365 monitoring of all these systems from their National Account Center, all key personnel at Headquarters have the 7/24 use of a NEXTEL alert system. In addition to the Headquarters overall building security, Anacomp has implemented multi- layered and compartmented security measures within our San Diego conversion center to ensure the safety and confidentiality of each and every piece of customer information. Anacomp is compliant with the recognized international security standards ISO 17799 and we are committed to continually maintain the integrity and availability of our customer's information and the protection of our own company assets from harm. Anacomp's Data Center ensures the security and confidentiality of our customer's information through the following security measures: · The Anacomp San Diego conversion center is a limited access area. All operational premises are physically secure with electronic or keyless access at all times. Visitors may enter only if escorted by Anacomp personnel. · The Main Lobby Entrance contains Guard and Reception Stations, closed-circuit television (CCTV) and Alarm Monitoring Stations. · All Entrances have 7/24 Digital Recorded CCTY. · Anacomp utilizes daily logs to reconcile with master counters on the hardware to ensure only authorized work is processed and all work is recorded on the logs. · All distribution functions are double-checked by shift supervisors to ensure proper distribution. · Janitors and other building support people are only allowed in the scan center under personal escort by a Scan Center employee. 5-27 Page 22 · All trash is moved outside of the center by Scan personnel in order to eliminate the accidental disposal of material by the janitorial staff · Anacomp's San Diego conversion center is available to all auditors involved with the City of Chula Vista for review and analysis of all security and confidentiality procedures. Each person within the Anacomp organization from our operations personnel to our corporate executives are committed to continually maintain the confidentiality, integrity, and availability of our customer's information and the protection of our own company assets from harm. The entire Anacomp enterprise is consistently pressing forward to maintain this commitment. C:\Word\Contracts\2ptyAnacomp 8~10-07.doc 5-28 Page 23 CITY COUNCIL AGENDA STATEMENT ~f:. CITY OF - - - (HULA VISTA 09/18/07 Item lLJ ITEM TITLE: RESOLUTION AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2007-2008 WITHIN COMMUNITY FACILITIES DISTRICT 13-M; AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR THIS DISTRICT SUBMITTED BY: REVIEWED BY: ENGINEERING & GENERAL SERVICES DIRECTOR'). G\ ASSIST ANT CITY MA A R <.:, 7 ,,~ CITY MANAGER 4/5THS VOTE: YES 0 NO D BACKGROUND On July 24, 2007, the City Council established the maximum special tax rates that may be levied for Fiscal Year 2007-2008 for Community Facilities Districts 97-1, 97-2,97-3, 98-1,98-2,98-3,99-1,99-2,2000-1,2001-1,2001-2, 07-1, 08-1, 08-M, 09-M, II-M, 12- I, 12-M, 13-1 and 13-M as were attached as Exhibits A through U. The maximum special tax rate table for Community Facilities District 13-M (Exhibit U) was found to be incorrect and a corrected table is submitted for Council's approval. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed actlVlty for compliance with the California Environmental Quality Act (CEQA) and has deterruined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it involves an intention to levy and collect assessments for existing activities in this Community Facilities District and does not involve any new activities, therefore pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary 6-1 09/18/07, Item~ Page 2 of 2 RECOMMENDATION That Council adopt the Resolution authorizing the levy of maximum special taxes for Fiscal Year 2007-2008 within Community Facilities District 13-M; and delegating to the City Manager the authority to establish the special tax for this district. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The Council established the maximum special tax rate that may be levied in Community Facilities District 13-M for Fiscal Year 2007-2008 at the rates set for in Exhibit U of the Agenda that went to Council on July 24, 2007. It was later discovered that the table included in that Agenda Statement and attached to the associated resolution was incorrect. This Agenda Statement includes the revised and correct exhibit which sets the maximum special tax rate for Fiscal Year 2007-2008. Pursuant to Government Code 53340, it delegates the authority to and designates the City Manager as the official to prepare and submit a certified list of all parcels subject to the levy of the special tax within Community Facilities District 13-M and to file such list with the auditor of the County of San Diego on or before the required date or such other date with the prior written consent of auditor. The amount of the special tax to be levied on each such parcel is based on the budget for Community Facilities District 13-M as previously approved by Council and shall not exceed the maximum special tax as set forth in the revised Exhibit U. Although the previous Agenda Statement contained an error, the correct amount was submitted to the County Assessor. 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. FISCAL IMPACT There is no impact to the General Fund. The actual levy amounts that were sent to the County were correct. ATTACHMENTS 1. Resolution 2007-193 2. Corrected Table for CFD 13-M 6-2 ATTACHMENT t RESOLUTION NO. 2007-193 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2007/2008 WITHIN COMMUNITY FACILITIES DlSTRlCTS 97-1, 97-2, 97-3,98-1, 98-2,98-3,99-1,99-2,2000-1,2001-1,2001-2,07-1, 08-1, 08-M, 09-M, 11-M, 12-1, 12-M, 13-1 AND 13-M; AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT WHEREAS, the maximwn Special Tax rates for Community Facilities Districts 97-1,97- 2,97-3,98-1,98-2,98-3,99-1,99-2,2000-1,2001-1, 2001-2, 07-1, 08-1, 08-M, 09-M, 11-M, 12- I, 12-M, 13-1 and 13-M; authorized, pursuant to the approved rate and method of apportionment of special taxes for each respective community facilities districts, to be levied for Fiscal Year 2007/2008 are set forth in Exhibits A through U, attached hereto and incorporated herein by reference as if set forth in full; and WHEREAS, this City Council desires to establish the maximwn Special Tax rate that may be levied in Community Facilities Districts 97-1, 97-2,97.3,98-1,98-2,98-3,99-1,99-2, 2000-1, 2001-1, 2001-2, 07-1, 08-1, 08-M, 09-M, 11-M, 12-1, 12-M, 13-1 and 13-M in Fiscal Year 2007/2008 at the rates as set forth in Exhibits A through U hereto and to delegate to and designate the City Manager as the official to prepare a certified list of all parcels subject to the Special Tax levy for each community facilities district including the amount of such Special Tax to be levied on each parcel for Fiscal Year 2007/2008 as authorized by Government Code Section 53340. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista acting as the legislative body of Community Facilities Districts 97-1,97-2,97-3,98-1,98- 2,98-3,99-1,99-2,2000-1,2001-1,2001-2,07-1,08-1, 08-M, 09.M, 11-M, 12-1, 12-M, 13-1 and 13-M respectively, as follows: SECTION I. The foregoing recitals are true and correct. SECTION 2. This City Council does hereby establish the maxirnwn Special Tax rates that may be levied for Fiscal Year 2007/2008 in Community Facilities Districts 97-1, 97-2, 97-3, 98-1,98-2,98-3,99-1,99-2,2000-1,2001-1,2001-2, 07-1, 08-1, 08-M, 09-M, 11-M, 12-1, 12-M, 13-1 and 13-M as the rates set forth in Exhibits A through J, L, N through U attached hereto. SECTION 3. Pursuant to Government Code 53340, this City Council hereby delegates the authority to and designates the City Manager as the official to prepare and submit a certified list of all parcels subject to the levy of the Special Tax within the community facilities district to which this resolution applies including the amount ofthe Special Tax to be levied on each parcel for Fiscal Year 2007/2008 and to file such list with the auditor of the County of San Diego on or before the required date or such otber later date with tbe prior written consent of such auditor. 6-3 Resolution No. 2007-193 Page 2 The amount of the Special Tax to be levied on each such parcel shall be based upon the budget for each such community facilities district as previously approved by this City Council and shall not exceed the maximum Special Tax as set forth in Exhibits A through U hereto applicable to the community facilities district in which such parcel being taxed is located. Presented by Approved as to form by ~)~~ Scott Tulloch Acting Assistant City Manager/City Engineer ~{"<::>l\.f\~\..\ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of July 2007 by the following vote: AYES: Councilmembers: Castaneda, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: McCann =Ic~~~i ~ ATTEST: ---=-'/11 tJJ.-'1~ Susan Bigelow, MMC, City Cl STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2007-193 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 24th day of July 2007. Executed this 24th day of July 2007. \ ~--'~L1...L.i. ~l~ d ~ Susan Bigelow, MMC, City rk .. _.__._~._._______ _.__________...6=4 _ __ _~_ ._--1 Resolution No. 2007-193 Page 3 EXHIBIT A Community Facilities District No. 97-1 (Oray Ranch Open Space Maintenance District) ry 2nordl7 Sf'"l';al T.1\ R.ltl' I ry 21l07!11S Slll'd,lI T:I\ Ratc, I I' 2(11)7/OS Land Use Category Maximum Rate Actual Rate Maximum Rate Projected Rate Estimated Revenue Special Tax Area A: Residential $ 0.1 Q50/sf ) Q.Q895/sf $ O.I086/sf $ 0.1086/sf Non-residential $ 1,423. 19/acre $ 1,213.I4Iacre $ 1,47 L581acre $ 1.471.581acre Vacant $ 1,609.97/acre $ O.OOIacre $ 1,664.711acre $ 1,664.71/acre Estimated Revenue Special Tax Area A: $1,098,394.67 Special Tax Area B: Residential $ 0,2461/sf 1$ O.I144/sf $ 0.2545/sf $ 0,2545/sf Non-residential $ 3,160.17/acre 1,468.96/acre $ 3,267.611acre $ 3,267.6I1acre Vacant $ 3,573.56/acr. $ O.OO/acre $ 3,695.05/acre $ 3,695.05/acre Estimated Revenue Special Tax Area B: $1,895,688.80 CFD 97-1, finances open space maintenance for Otay Ranch SPA One Villages One and Five, and consists of two Special Tax Areas. Area A covers the entire district and includes maintenance of parkways, medians and regional trails along Telegraph Canyon Road, Oray Lakes Road, Paseo Ranchero, La Media Road and Olympic Parkway, Telegraph and Poggi Canyon detention basins, channels, and pedestrian bridges. Area B, which excludes the McMillin development, maintains connector trails, slopes and perimeter walls or fences along major streets in the district. The Fiscal Year 2007/08 budget for this District totals $877,950 for Area A and $1,273,538 for Area B. 6-5 Resolution No. 2007-193 Page 4 EXHIBIT B Community Facilities District No. 97.2 (Otery Ranch Preserve) n 201l(,!H7 Spl'ci:l' '1'<1\ R:lll" I n .!1J07/IIS SplTi:l' 1.1\ Rill', I I \ .!01l7!Oli Land Use Maximum Actual Maximum Projected Estimated Category Rate Rate Rate Rate Revenue Improvement Area A: Residential $ 0.0 157/sf $ O.oo25/sf $ 0.01621sf $ 0.01621sf Non-residential $ 255.65/acre $ 39.981acre $ 264.341acre $ 264.34/acre Final Map $ 255.65/acre $ O.OOIacre $ 264.341acre $ 264.341acre Vaeant $ 164.99/acre $ O.OOIacre $ 170.6OIacre $ 170.60/acre Estimated Revenue Improvement Area A: See Area C Below Improvement Area B: Vacant $ 63,761acre $ O.OOIacre $ 65.93/acre $ 65.93/acre Estimated Revenue Improvement Area B: See Area C Below Improvement Area C: Residential $ 0.01621sf $ 0.OO25/sf $ 0.0 168/sf $ 0.0168/sf Non-residential $ 261.81/acre $ O.OOIacre $ 270.71/acre $ 270.71/acre Final Map $ 261.81/acre $ O.OOIacre $ 270.71/acre $ 270.71/acre Vacant $ 168.97/acre $ O.OOIacre $ 174.71/acre $ 174.71/acre Estimated Revenue Improvement Areas A and C: $416,759.67 CFD 97-2 finances perpetual preserve maintenance, operation and management, biota monitoring, preserve security, and preserve improvements. The Fiscal Year 2007108 budget is estimated to be $375,168.61. Starting in Fiscal Year 2007/08 and every three years thereafter. biological surveys will need to be conducted at an estimated cost of $75,000. In addition to these, a Cultural Survey must be conducted, taking into account the new land acquired in the most recent annexation, at an estimated cost of $35.000. These additional costs will impact the reserves on hand for the district. However, these costs are expected to be recouped starting in Fiscal Year 2007/08, by a higher collectible amount in the commencing year, and a gradual collectible in the years following. 6-fL. _...________ _ .J Resolution No. 2007-193 Page 5 EXHIBIT C 1\ 101lh'117 Sp"i..1 la, R.II" II \ ltlll7/f1S Sp,',i..I'!." ({"tc, I 1\ 11107/IJS Land Use Category Maximum Actual Maximum Projected EstiIDated Rate Rate Rate Rate Revenue Residential $ O.3920/sf $ O.3363/sf $ 0.39201sf $ 0.3920/sf Co=rcial $ 4.OOOIacre $3,431.59Ioore $ 4,OOOloore $ 4,000lacre Community Purpose $ 1,0000acre $ D.DOIacre $ 1,0000acre $ 1,0001 acre Facility Undeveloped $ 7.9541oore $ O.OOIacre $ 7,9541acre $ 7,9541acre Property Owner $ 7,9541acre $ O.OOIaere $ 7,954/acre $ 7,954/acre Association Prooertv Estimated Revenue: $1,041,909.16 Community Facilities District No. 97-3 (Otay Ranch McMillin - Bond Issue) eFD 97-3 was formed for the purpose of acquiring and financing public facilities improvements, such as portions of La Media Road and East Palomar Street, in Olay Ranch McMillin SPA One. Fiscal Year 2007/08 administrative costs for CFD 97-3 are set at or less than $75,000 (as given in the bond indenture), and scheduled debt service on the bonds to be paid from the fiscal year ZOO7/081evy is $813,798.76. 6-7 Resolution No. 2007-] 93 Page 6 ExHIBIT D Community Facilities District No. 98.1 (Otay Project lnterim Open Space Maintenance District) 1\ 21106 H7 ~pl'd,11 T:),\ R.l(c' I 1\ 2(HI(,/07 Slll-d.11 T..r\. ){.llt's II \ 20117/11S Land Use Maximum Actual Maximum Projected Estimated Category Rate Rate Rate Rate Revenne Taxab]e $ 128.25/acre $ ] 28.25/acre $ ]32.61/acre $ 132.61/acre Pronem EstImated Revenue: $80,810.01 Community Facilities District No. 98-2 (Otay Project McMillin Interim Open Space Maintenance District) I \ ~4Ht(}/Cf7 Spld.11 Tax I~.ltl'''' I 1\ 2007/11S Sl'cci..1 '1.,,\ Ralt', I 1\ 2l1ll7/11S I Land Use Maximum Actual Ma:rimnm Projected Estimated Category Rate Rate Rate Rate Revenue Taxable $ 59.17/acre $ O.OOIacre $ 61.181acre $ 61.18lacre ProPertY Estimated Revenue: $0.00 CFDs 98-1 and 98-2 were created as interim districts because the areas of Otay Ranch included in these districts were not developed and the density of development was not yet known at the time that these districts were established. These districts were formed to provide a guarantee for the financing of a portion of the cost of the maintenance of portions of the parkways and medians along Te]egraph Canyon Road, Paseo Ranchero, and Olympic Parkway. They also incl(lde the Te]egraph and Poggi Canyon detention basins and channels allocable to the properties within these districts. Both CFD 98-1 and CFD 98-2 will remain in place until a permanent financing plan is established for the maintenance of the facilities, through the formation of new CFDs. A portion of CFD 98-1 has been absorbed by CFD 99-2 with other portions absorbed by CFD's 08-M, 12-M and 13-M. The Fiscal Year 2007/08 b(ldget for this District totals $102,418. A portion of CFD 98-2 has been taken over by maintenance district. CFD 08-M, with other portions of the district covered by CFD 12-M. None of the improvements in CFD 98-2 are expected to be turned over to the City in Fiscal Y car 2007/08 and therefore no special taxes will be levied within this district in Fiscal Year 2007/08. _ _ _ ___ ___--9_-:-.6_ __ I , I ~__,__~...J Resolution No. 2007-193 Page 7 ExnmIT E Community Facilities District No. 98-3 (Sunbow II Open Space Maintenance District No. 35) Residential $ 433.141EDU $ 433.141EDU $ 447.87/EDU $ 447.87/EDU Commercial $ 3,779.66/acre $ 3,779.661acre $ 3.908.16/acre $ 3.908. 16/aere lndustrial $ 3,376.16/aere $ 3,376.16/acre $ 3,490.941acre $ 3,490.941acre Undeveloped $ 2.588.lO/aere $ 170.45/acre $ 2.676.09/acre $ 2.676.09/acre Estimated Revenue: $1,246,275.46 Community Facilities District 98-3 finances open space maintenance in the Sunbow IT development. This includes maintenance of street medians. parkways. slopes, drainage channels and basins. and biological monitoring of native and re-vegetated open space. The Fiscal Year 2007/08 budgel for this District totals $954,272. 6-9 Resolution No. 2007-193 Page 8 EXHIBIT F F\ 21111f,107 Special I.l~ n.lle, I I' lOIl/'W; Speri.ll T;I\ nate, ! [, 20117/HS Community Facilities District No. 99.1 (Dray Ranch SPA I-Bond Issue) Land Use Category Maximum Rate Actual Rate MaxImum Rate Projected Rate I Estimated Revenue Zone A (Village 1): Residential $ O.28/sf $ O.2234/sf $ O.28/sf $ O.28/sf Commercial $ 1.6001acre $ 1.276.801.cre $ 1.6001.cre $ 1.6001acre Community Purpose $ 400/acre S O.OOIacre $ 400/acre $ 4OO/a= Facilitv Estimated Revenue Zone A: See Entire lnistrict Below Zone B (Village 5): Residential $4OOIDU... O.29/sf 319.21/DU ...O.23/sf $4OO/DU ... O.29/sf $4OOiDU ... O.29/sf Commercial $ 3,7l7/acre 2,966.22/acre $ 3,7l7/acre $ 3,7l7/acre Community Purpose $ 929/acre ~ O.OO/acre $ 929/acre $ 929/acre Facilitv Estimated Revenue Zone B: See Entire District Below Zone C (Village 1 West): Residential S4OO1DU... O.44/sf $31920/DU...o.35/sf $4OOIDU + O.44/sf S4OO1DU ... O.44Isf Commercial $ 4,2661acre $ 3,404.33/acre S 4.266/acre $ 4.2661.cre Community Purpose $ 1.066/acre $ O.OOI.cre $ I,066Iacre $ 1.0661= Facility Estimated Revenue Zone C: See Entire District Below Entire District: Undeveloped $ 8.864/acre $ O.OOIacre $ 8.864/acre $ 8.864/acre Property Owner $ 8.864/acre $ O.OO/.cre $ 8,864/acre $ 8.864/acre Association Pronertv Estimated Revenue - Entire District: $3,790,081.32 __.6.=lQ __ Resolution No. 2007-193 Page 9 EXIDBIT F Community Facilities District No. 99-1 (Otay Ranch SPA 1- Bonil Issue) CFD 99-1 finances public improvements in a portion of Gtay Ranch Village 1, Village 5 and Village 1 West. The main public facilities included arc Olympic Parkway Phases 1 and 2, Paseo Ranchero Phase 2, and East Palomar Street. For eFD 99-1, administrative costs of $75,000 (as given in the bond indenture) and scheduled debt service on the bonds of $2,914,601.26 are anticipated during Fiscal Year 2007/08. 6-11 Resolution No, 2007-193 Page 10 EXHIBIT G Community Facilities District No. 99-2 (Otay Ranch SPA 1, Village 1 West Open Space Maintenance) I \ 111l1h/07 Sllt,,'i..1 '1'.1' ({..tl' /1' \ 111t17/t11; Sp",i.lll.,x It.,l," i I \' 211117/11~ Land Use Maximum Rate Actual Maximum Rate Projected Estimated Category Rate Rate Revenue Residential $ 0.4393/sf $ 0.2286/sf $ 0.45421sf $ O.4542Jsf Undeveloped $ 5,418.67/acre $ O.OO/acre $ 5,602.89/acre $5,602.89/acre Estimated Revenue: $1,201,042.41 As verified by the City's Special District Counsel, property owners within the area ofCFD 98-1 not included within CFD 99-2 will only be taxed for landscaped areas from the centerline of Olympic Parkway south to the District boundary. CFD 99-2 has taken over the financing of that portion of costs of maintenance allocable to the property within CFD 98-1 from the centerline of Olympic Parkway north to Telegraph Canyon Road. A total budget of $739,342 is projected for Fiscal Year 2007/08. ____6::U. Resolution No. 2007-193 Page II EXHIBIT H Community Facilities District No. 2000-1 (Sunbow II Villages 5 through 10 - Bond Issue) Land Use Category Maximum Actual Muimum Projected Estimated Rate Rate Rate Rate Revenue Residential $ O.4400/sf $ O.38021sf $ O.4400/sf $ O.4400/sf Undeveloped $ 7,851/acre $ a.OO/acre $ 7,8511acre $ 7,851/acre Property Owner $ 7,851/acre $ a.OO/acre $ 7,851lacre $ 7,8511acre Association Pro Estimated Revenue: $667,703.96 CFD 2000-1 finances various public facilities serving the Sunbow II development such as Telegraph Canyon Road, Medical Center Road and East Palomar Street. For CFD 2000-1, administrative costs for Fiscal Year 2007/08 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $506,076.26. 6-13 Resolution No. 2007-193 Page 12 EXHIBIT I Community Facilities District No. 2001-1 (San Miguel Ranch - Bond Issue) l' :!0011lH7 SpCl'ial la, R.l1l" I 1.\ :!(lImOS SJll"li.l1 ra, I~atl" iI' 20117/08 Land Use Category Muimum Rate Actual Rate Maximum Rate Projected Rate Estimated Revenue Improvement Area A: Residential $4751DU + O.34/,f $411.80IDU..O.301sf 54751DU + O.341sf 54 751DU .. O.34lsf Co=ercial $ 5,091/acre $ D.DO/acre $ 5,0911acre $ 5.091/acre Undeveloped $ 1O,3761acre $ O.OO!acre $ 1O,376/acre $ 10,376/acre Estimated Revenue Improvement Area A: See Entire )istrict Below Improvement Area B: Residential S475IDU + 0.821sf N/A $4751DU + O.821sf $4751DU + O.821sf Commercial $ 4,OOO!acre N/A $ 4,OOO!acre $ 4,OOOIacre Undeveloped $ 1O,444Iacre $ 6,41O.78/acre $ 10,444/acre $ 1O,444Iacre (Zone 1) Undeveloped $ 4,444/acre $ 2,727 .83/acre $ 4.444Iacre $ 4,444/acre (Zone 2) Estimated Revenue Improvement Area B: See Entire District Below Estimated Revenue Entire District: $2,754,975.36 CFD 2001-1 is divided by SR.125 into two separate improvement areas, Improvement Area A (east of SR-125) and Improvement Area B (west of SR-125) and finances various public facilities serving the San Miguel Ranch development such as Mount Miguel Road (EastlWest), Proctor Valley Road (EastlWest), Calle La Marina, Paseo Vera Cruz, Calle La Quinta and certain SR-125 interim transportation facilities. For eFD 2001-] Improvement Area A, administrative costs for Fiscal Year 2007/08 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the Improvement Area A bonds is $992,316.26. For CFD 200].1 Improvement Area E, administrative costs for Fiscal Year 2007/08 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the Improvement Area B bonds is $829,292.50. ..______.6-=c-1~. __________ _~._______..___ Resolution No. 2007-193 Page 13 EXHIBIT J Community Facilities District No. 2001.2 (McMillin Otay Ranch, Village 6 - Bond Issue) Land Use Maximum Actual Maximum Projected Estimated Category Rate Rate Rate Rate Revenue Residential S44OIDU'" O.341sf $390.10lDU+o.30/sf $44OIDU", O.34lsf $44O/DU... 0.34/sf Non- S 11,365/acre $ O.OO/acre $ 11,365/acre $ 11,365/acre residential Undeveloped IS 11.365/acre $ O.OOIacre $ 11,365/acre $ 11.365/acre Estimated Revenue: 884,133.53 CFD 200 1-2 is located within Otay Ranch Village Six and finances the backbone streets and associated improvements (i.e. grading, sewer, streets, landscaping, utilities, etc, public facilities improvements and interim transportation facilities. The main facilities include Olympic Parkway, La Media Road, Birch Parlcway, La Media Bridge, east Olympic Parkway Bridge and a Neighborhood Park. For CFD 2001-2, administration costs for Fiscal Year 2007/08 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $708,315. 6-15 Resolution No. 2aa7-193 Page 14 EXHIBIT K Community Facilities District No. 06.{ (EastLak.e Woods, Vistas, and Land Swap - Bond Issue) IT 20lt(,/lt7 Spl'lia' Ta\ Ratcs I" \ 20117!11S Spcd.1I '1';1\ Ratc' II Y 2UU7/1lS Land Use Category Maximum Rate Actual Rate Maximum Rate Projected Rate Estimated Revenue Improvement Area A (Zone 1 - Vistas): Residential $ a.5800/sf $ O.54OO1sf $ a,58001sf $ a,58001sf Commercial $ 6.000,OOIacre $ 5.541.OOIacre $ 6,OOQ,OOIacre $ 6.000,OO/acre Hote] Property $ 6,OOO,OOlacre $ 5,541.00Iacre $ 6.000,OOlacre $ 6,aOO,lXYacre Undeveloped $ 1l.037,OOIacre $O,OOIacre $1l.037.OOIacre Sll.037.OOIacre Improvement Area A (Zone 2 - Woods): Residential $ O,6700/sf $ O.61871sf $ O.6700/sf O,67001sf Commercial S 6.000.OOIacre $ 5,541.00Iacre $ 6,OOO,OOIacre $ 6,ooo.OOIacre Undeveloped $ 8.332.OOIacre $ O.OOlacre $ 8,332.OOIacre S 8.332.OOIacre Estimated Revenue Improvement Area A (Zones 1 and 2): $4,116,178.03 Improvement Area B (Zone 3 - Land Swap): Residential $ O.74OO/sf $ a, 74OO1sf $ O,74OO1sf O.74OO1sf Commercial $ 6,OOO.OOIacre $ 6.000.OOIacre $ 6.000.OOIacre 6.ooo.OOIacre Undeveloped $20.563.OOIacre $1l,807.27/acre $20,563.OOIacre 20.563.OOIacre Improvement Area B (Zone 4 - Land Swap): Residential $ 0,74OO1sf $ O.74OO1sf $ O.74OO1sf a.74OO1sf Commercial $ 6.000,OOIacre $ 6.ooo.00/acre $ 6,OOO.OOIacre ~ 6.000,OOIacre Undeveloped $ 6,667.OOIacre $ 3.828.19/acre $ 6,667.OOIacre 6,667.OOIacre Estimated Revenue Improvement Area B (Zones 3 and Zone 4): $824,858.86 6-16 J Resolution No. 2007-193 Page 15 EXHIBIT K CFD 06-1 finances the acquisition or construction of certain public facilities (Le,. grading, landscaping, streets, utilities, drainage, sewer, etc.) serving the EastLake - Woods, Vistas and Land Swap project, as well as, selected "Traffic Enhancement" facilities within the greater eastern territories of Chula Vista. The administration costs for FY 2007/08 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $3,394.425. 6-17 Resolution No. 2007-193 Page 16 EmmIT L Community Facilities District No. 07-1 (Otay Ranch - Village Eleven - Bond Issue) 1\ 21111r.'H7 SIl('d,li "J." r\ 2007ms Spni..1 T.., ("\ I{ t 1, " 20117/IlS ~ t'", '.ltl.~ Land Use Density Maximum Actual Rate Maximum Projected Estimated Cateo Rate Rate Rate Revenue Residential Oto 8 $ 1.675/OU $ 1,675/OU $ 1.675/OU $1.675/OU Residential >8 to $ 1.3401DU $ 1,3401DU $ 1,3401OU $l.34O/DU 20 Residential >20 $ 1.005/OU $ 1.005/OU $ 1,000/OU $ 1.005/OU Non-Residential N/A $ 6.OOOIac $ 6,OOO/ac $ 6,OOOIac $ 6.000lac $ 13.955/ac $ 8,456.321ac $ 13,955/ac $ 13,955/ac $ 24,218/ac $ 14,675.39/ac $ 24.218/ac $ 24.2181ac $ 13.955/ac $ O.OO/ac $ 13.955/ac $ 13,955/ac $ 24,2181ac $ O.OOIac $ 24.2181ac $ 24,2181ac $ 13,955/ac $ O.DO/ac $ 13,955/ac $ 13.955/ac $ 24,218/ac $ O.DO/ac $ 24.218/ac $ 24,2181ac Estimated Revenue: $4,061,917.17 CFD 07-1 finances the acquisition or construction of certain public facilities (Le,. grading, landscaping, streets, utilities. drainage. sewer. etc.) serving the Brookfield Shea Otay project, as well as, selected "Traffic Enhancement" facilities within the greater eastern territories of Chula Vista. The Brookfield Shea Olay project is hounded on the south and east by Hunte Parlcway. a curving arterial from south to northeast Olympic Parkway forms the northern edge and to the west is the extension of Eastlake Parkway. The administration costs for FY 2007/08 are projected to be $75,000 (as given in the hond indenture) and scheduled debt service on the bonds is $3.040.561.26. 6:-.18. _______.________ ___ Resolution No. 2007-193 ExHIBIT M Page 17 Community Facilities District No. 07-M (EastLake III - Woods. Vistas, and Land Swap - Open Space Maintenance) F'1 10(1(,/H7 Spt.'d.ll ril'\. 1{.lh;, I I Y 1OfJ7/OS Spt.'d.1I LJ' J{.J1l'., r, 111117 mil Land Use Category Maximum Rate Actual Rate Maximum Rate Projected Rate Estimated Revenne Improvement Area 1: Residential $ 0.1240/sf $ 0.0264/sf $ 0.12821sf $ O.I2821sf Multi-family $ 0.12401sf $ 0.0264/sf $ O.I2821sf $ O.I2821sf Non-residential $ 1,618.41/acre $ 344.161acr. $ 1.673.43/acre $I,673.43/acre Final Map $ 1,618.41/acre $ O.OO/acre $ 1,673.43/acre $I,673.43/acre Other taxable $ 1,618.41/acre $ O.OOIacre $ 1,673.43/acre $I,673.43/acre Property Assoc. $ 1.618.4I/acre $ O.OO/acre $ 1,673.43/acre $I,673.43/acre Prooenv Estimated Revenue Area 1: $785,137.94 Improvement Area 2: Residential $ 0.081l1sf $ O.OO42'sf $ Q.0839/sf $ 0.0839/sf Multi-family $ 0.081l1sf $ O.OO42'sf $ 0.0839/sf $ 0.0839/sf Non-residential $ 448.21/acre $ 23.28/acre $ 463,45/acre $ 463.45/acre Final Map $ 1.222.53/acre $ O.OO/acre $ 1,264.09/acre $1,264.09/acre Other taXable $ 1,222.53/acre $ O.OO/acre $ 1,264.09/acre $1,264.09/acre Property Assoc. $ 1,222.53/acre $ O.OO/acre $ 1,264.09/acre $1,264.09/acre ProDertv Estimated Revenue Area 2: $102,!I07.16 Community Facilities District 07-M provides the necessary funding for the perpetual operation and maintenance of slopes, medians and parkways and storm water treatment facilities associated with EastLake ill - Woods and Vistas and Land Swap Parcel (south parcel only) and Annexation No. 1. 6-19 Resolution No. 2007-193 Page 18 EXHIBIT N Community Facilities District No. 08-M (McMillin Otay Ranch and Otcry Ranch Village 6 - Open Space Maintenance) 1'\ 211l1lil07 Sptl'ial la, Itllts I n 20U71l1S Spl'dal T." Raks I n lUli7/11S Land Use Category Maximum Rate Actual Rate Maximnm Rate Projected Rate Estimated Revenue Improvement Area 1: Residential $ 0.40561sf $ 0.10261sf $ 0.41941sf $ 0.4194/sf Multi-family $ 0.2989/sf $ 0.a7561sf $ 0.3091/sf $ 0.30911sf Non-residential $ 2,536.221acre $ OoOO/acre $ 2,622.45/acre If; 2.622.45/acre Final Map $ 6,728.84/acre $ O.DO/acre $ 6,957.611acre Is 6.957.611acre Other taxable - $ 6,728. 84/acre $ a.DO/acre $ 6,957.611acre $ 6,957.61/acre residential Other taxable - $ 6,264.09/acre $ a.DO/acre $ 6,477.06Iacre 6,477.06Iacre multi-familv Other taxable - $ 2,536.221acre $ aoOO/acre $ 2,622.45/acre b 2,622.45/acre non-residential Property Assoc. $ 6,728084/acre $ O.OO/acre $ 6,957.611acre 6,957.61/acre Estimated Revenue Area 1: $679,763.35 Improvement Area 2: Residential $ O.2OS5/sf $ 0.0373/sf $ O.21561sf $ O.21561sf Multi-family $ O.2085/sf $ Oo0373/sf $ O.21561sf $ O.21561sf Non-residential $ 4,319.4OIacre $ O.DO/acre $ 4,466.25/acre $ 4,466.25/acre Final Map $ 4.319.4OIacre $ O.DO/acre $ 4,466.25/acre $ 4,466.25/acre Other taxable $ 4,319.40/acre $ O.OOIacre $ 4,466.25/acre $ 4,466025/acre Property Assoc. $ 4,319.4OIacre $ OoOOlacre $ 4,466.25/acre $ 4,466.25/acre Prooertv Estimated Revenue Area 2: $448,305.75 6-4IL _________ .- j Resolution No. 2007-193 Page 19 EXHIBIT N Community Facilities District No. OS-M (McMillin Oray Ranch and Oray Ranch ViUage 6 - Open Space Maintenance) Community Facilities District 08M finances the perpetual operation and maintenance of slopes, medians, parkways, trails, perimeter walls, perimeter fencing and storm water treatment facilities associated with Village 6, McMillin Otay Ranch and Otay Ranch Company. Improvement Area No.1 is located north of Birch Road, south of Olympic Parkway, west of SR 125 (a future road), and east of La Media Road. Improvement Area No.2 is generally located in two areas. The first area is located east of La Media Road, north of Birch Road, west of Magdalena A venue, west of properties located on Trail Wood Drive, and south of Santa Venetia Street. The second area is located south of Olympic Parkway, east of the properties located on Oak Point Drive, north of Santa Venetia Street, north of Magdalena Avenue, and north of East Palomar Street. The budgets for Fiscal Year 2007/08 are estimated to be approximately $514,285 for Improvement Area No.1 and $177,743 for Improvement Area No.2. 6-21 Resolution No. 2007-193 Page 20 EXHIBIT 0 Community Facilities District No. 08-1 (Otay Ranch Village Six) I , 20116dJi Spt.'t i.t1 I..n. ({.llt's I' 211117/HS SI',"ci.I1 1:", I \ ~OIl7/11~ H':~llt.: ... Land Use Maximmn Actual Maximum Projected Estimated Category Rate Rate Rate Rate Revenue Residential S 8001DU + $ 799.451DU + $ 8001DU + $ 800IDU + $O.35/sf $0.35/sf SO.35/sf $0. 35/sf Non-Residential $ 6.OOOIacre S O.OO/acre $ 6.OOOIacre $ 6,OOOfacre Zone A - $ 16,858/acre S O.OOfacre S 16,858facre $16.858/acre Undeveloped Zone B - S 26.445/acre $ O.DO/acre $ 26,445facre $26,445facre Undeveloped Zone A - Provisional $ 16,858/acre $ a.OOIacre $ 16,8581acre $16,8581acre Undeveloned Zone B - Provisional S 26.445facre S O.OOIacre $ 26,445/acre $26,445/acre Undeveloped Estimated Revenue: $1,886,168.00 Community Facilities District 081 finances the construction of backbone streets and associated improvements (i.e. grading, sewer, streets. landscaping, utilities, etc), public facilities, DIF improvements and Traffic Enhancement Facilities within Otay Ranch Village Six.. This District is divided into Zone A and Zone B. The administrative costs for Fiscal Year 2007108 are projected to be $75.000 (as given in the bond indenture) and scheduled debt service on the bonds is $1,547,668.76. ... ___~=-22_ Resolution No. 2007-193 Page 21 FXHIBIT P Community Facilities District No. 09-M (Otay Ranch Village 11 - Brookfield Shea) J.y 211117/0S Spl'dal Ta, \ Hatl'.... F\ 211117/US S[Jl'(.jal '1'", (latl" IY 21l117/HS . . Projected Rate Estimated Revenue Land Use Cate 0 - : t II H DeveloDed: Residential Oto 8 $ 524.22JDU $ 466.67/DU $ 542.04/DU $ 542.04IDU Residential >8 to $ 419.37/DU $ 373.32JDU $ 433.63/DU $ 433.63/DU 20 Residential Greater $ 314.52/DU $ 279.98iDU $ 325.21/DU $ 325.21/DU than 20 Non-Residential N/A $2,013.02lac $1,791,99/00 $2.081.461ac $2,081.461ac Undevelooed: $2,0 13.02lac $ O.OOIac $2,081.46/ac $2,081.46/00 $2,013.02100 $ O.OOIac $2,081.46/00 $2,081.46/ac $2,0 13.02lac $ O.OOIac $2,081.46/ac $2,081,46/ac Estimated Revenue: $781,31837 CFD 09-M finances the perpetual operation and maintenance of slopes, medians, parkways, trails, perimeter walls, perimeter fencing and storm water treatment facilities associated with Village 11, Brookfield Shea Otay. The Fiscal Year 2007/08 budget is estimated to be $781,318.37. The CFD Special Tax Levy Repon for maintenance Q9-M requires the establishment of a fund reserve for each district of up to 100 percent of the total annual operating budget in order to provide revenue for the first half of the fiscal year before any income is received and to provide for cost ovenuns and delinquencies. A 95% reserve has been provided by including an additional 95% of the fiscal year 2007/08 budget. The reserves should provide sufficient funding through December 31, 2007. Additional reserves may be realized depending on the schedule for accepting new landscaping improvements during the fiscal year. CFD 09-M (Maintenance District) Tb.e full cost of providing maintenance services in this district totals $893,565. This entire amount is recovered through the CFD's special tax assessments and reserves, resulting in no net impact to the General Fund. 6-23 Resolution No. 2007-193 Page 22 EXHIBIT Q Community Facilities District No. 11-M (Rolling Hills Ranch McMillin - Open Space Maintenance) 1\ 111111li1l7 Sp,...;.tl fa, J{"lr, II \ 11107/IIS Sprri.ll '1'." I{.,lr, I. \ 21107/0S Land Use Category Muimum Rate Actual Rate Maximum Rate Projected Rate Estimated Revenue Residential $ 341.69/DU $ 139.78/DU $ 353.31/DU $ 353.31/DU Non-residential $696.44/acre $ O.OOfacre $720. 12/acre $720.12/acre Fmal Map $696.441acre $ O.OO/acre $720.12facre $720.12facre Other taxable $696.44/acre $ O.OO/acre $720. 12/acre $720.12/acre Property Assoc. $696.441acre $ O.OOfacre $720. 12/acre $720. 12/acre Prooertv Estimated Revenue: $173,426.51 Community Facilities District 11M finances the perpetual operation. monitoring and maintenance of Multiple Species Conservation Program (MSCP) lots, Tarplant Preserve lots. Johnson Canyon Tarplant Preserve and storm water treatment facilities associated with Rolling Hills Ranch, Sllb Area III. A total budget of $73.981 is projected for Fiscal Year 2007/08. 6-24 Resolution No. 2007-193 Page 23 EXHIBIT R F\ 2UUhil17 Special 1 a' '"' 2tll17!1lS Sped..1 '1 a, '"' 2tltl7/US J{~lll'''' R,lle, Land Use Category Maximum Actual Maximum Projected Estimated Rate Rate Rate Rate Revenue Residential $ 8901DU + $ 89O/DU $ 89O/DU + $ 8901DU SO.791sf + SO.791sf $0.79Isf + $0.79/sf Non-Residential $ 6,000/ acre $ O.OOIacre $ 6,OOOIacre $ 6,OOOIacre Zone A - $ 24,3831acre $ 17,420.48/""", $ 24,3831acre $ 24,383/acre Undevelooed Zone B - $ 41,621/acre $29.Tl6.21/ac,. $ 41,6211acre $ 41,6211acre Undeveloned Zone A - $ 24,383Iacre $ D.OOlacre $ 24,3831acre $ 24,3831acre ContinlZent Taxable Zone B - $ 41,621/acre $ O.OOIacre $ 41,621/acre $ 41,621lacre Contingent Taxable Estimated Revenue: $2,189,993.58 Community Facilities District No. 12-1 (McMillin Otay Ranch Village Seven) Community Facilities District 121 finances the construction of backbone streets and associated improvements (i.e. grading, sewer, streets, landscaping, utilities, etc), public facilities, and DIF improvements within Otay Ranch Village Seven. This District is divided into Zone A and Zone B. The administrative costs for Fiscal Year 2007/08 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $1,494,631.26. 6-25 Resolution No. 2007-193 Page 24 EXHIBIT S Community Facilities District No. 13-1 (Otay Ranch Village Seven) I , ::!OllMl7 Sped..1 I." I' ::!lI07,IIS Spl'li..}"." I , ::!11l17;OS Ibll's Rah.'.. Land Use Category Maximum AetnaI Maximum Projected Estimated Rate Rate Rate Rate Revenue Rcsidential $ 2,7501DU $ 0.00 $ 2,7501DU $ 2,7501DU + $0.45/sf + $0.45/sf + $0.45/sf Non-Residential $ 6,OOO/acrc $ 0.001= $ 6,OOO/acrc $ 6,OOO/acre Zone A - $ 59,505/acre $ 45, 194.65/acre $ 59,50S/acre $ 59,505/acre Undcveloned Zone B - $ 37,818/acre $28,723.I5Iacre $ 37,818/acre $ 37,8181acre Undevclopcd Zonc A - $ 59,505/acre $ O.OOIacrc $ 59,505/acre $ 59,505/acre Contingcnt Taxablc Zonc B - $ 37,818/acre $ O,OOIacre $ 37,8181acre $ 37,818/acrc Contingcnt Taxablc Estimated Revenue: $1,561,817.53 Community Facilities District 131 fmances thc construction of backbone streets and associated improvements (i,e. grading, sewer, streets, landscaping, utilities, etc), public facilities, and DIP improvements within Otay Ranch Village Seven. This District is divided into Zone A and Zone B. The administrative costs for Fiscal Year 2007/08 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on the bonds is $1,111,143,76. 6.-:-2..6. Resolution No. 2007-193 Page 2S EXHIBIT T Community Facilities District No. 12-M (McMillin Otay Ranch and Otay Ranch Village 7 - Open Space Maintenance) Land Use Category FY !C!Cl('/U7 Spnial Tax I Ratt.... ~ ~ FY !C!U7f()S Special Tax l{al<'S n !HUi/US Maximum Rate . - Projected Rate .fl: ". -, DeveloDed: Improvement Area 1 - ;l> O.393/sf ~ O.393/sf $ O.4Q64/sf $ 0.4064I!1f Residential Improvement Area 1 - $7,728.42/ac Is O.OO/ac $ 7,991.17/ac S7,991.17/ac Non-Residential Improvement Area 2- ~ 0.537/sf ~ O.OOIsf $ O.5553/sf $ O.5S53/sf Residential Improvement Area 2 - $8,649.72/ac $ O.OO/ac $8,943.79/ac $8,943.79/ac Non-Residential UndeveloDed: Improvement Area 1 - $7,728.42/ac 7,728.361ac $ 7,991.17/ac $ 7,99 I. 17/ac Final Man Improvement Area 1 - $7,728.42/ac 678.32/ac $ 7,991.17/ac $ 7,991.17/ac Other Taxable Pronertv Improvement Area 1 - Taxable Property Owner $7,728.42/ac O.OO/ac $ 7,991.17/ac $ 7,991.17/ac Assoc. Propertv Improvement Area 2 - ;l>8,649.72/ac ,~< $ 8,943.79/ac $ 8,943.79/ac Final MaD $8.649.72/ac Improvement Area 2 - $8,649.72/ac $2,054.881ac $ 8,943.79/ac $ 8,943.791ac Other Taxable Prooertv Improvement Area 2 - Taxable Property Owner $8,649.72/ac $ O.OOlac $ 8,943.79/ac $ 8.943.79/ac Assoc. ProQertY Estimated Revenue: $ 978,993.98 Community Facilities District 12-M provides for the public services of landscaping and storm water quality improvements associated with McMillin Otay Ranch and Otay Village 7. Improvement Area 1 generally lies south of Birch Road, East of Magdalena A venue, and west of the SR 125. Improvement Area 2 is generally located east of La Media Road, south of Birch Road, and west of Magdalena A venue. The budgets for Fiscal Year 2007/08 are estimated to be approximately $452,486 for both Improvement Area No.1 and Improvement Area No.2. 6-27 Resolution No. 2007-193 Page 26 Community Facilities District 13-M (Otay Ranch Village 2) EXHIBIT U I .. I (0 I 20U71OX .::!OIl7/UN 1~~llIn:lh'd ..1IIu ~t. :1 t'~or, . . 'I.I'\IJIIUIIl \llu:t1 Ht'\l'IlUC Ibtc R.lle Improvement Area I - Residential Improvement Area J - Non-Residential Improvement Area 2 - Residential Improvement Area 2- Non-Residential Improvement Area I - Fmal Ma Improvement Area 1 - Other Taxable Pro Improvement Area I-Taxable Property Owner Assoc. Pro ImProvement Area 2 - Final Ma Improvement Area 2 - Other Taxable Pm Improvement Area 2 -Taxable Property Owner Assoc. Pro 0.393/sf O'(Xl/ac O.OOIsf O.OOIac 7,728.36/ac 678.321ac O.OOIac 2,054.88/ac O.OOIac Estimated Revenue: $82,966.00 A Special Tax of Community Facilities District 13-M shall be levied on all Assessor's Parcels of Taxable Property within the CFD each Fiscal Year Commencing in Fiscal Year 2007-2008. Community Facilities District 13-M provides the necessary funding for the perpetual operation and maintenance of public landscaping, storm water quality. walls, fencing, trails, pedestrian bridges, and lighting improvements for Otay Ranch Village Two. Otay Ranch Village Two lies south of Olympic Parkway, West of La Media Road and west of the Landfill Site. 6-28..__n___ . . .'--"- ----' ATTACHMENT 2. Exhibit U Community Facilities District 13-M (Otay Ranch Village 2) Land Use Category 2007/08 2007/08 I\laximum Rate Actual Rate Single Family and Multi Family Residential Property $0.458/sf $0.458/sf Non-Residential Property $7,653.09/ac $7,653.09/ac Final Map Property $7,653.09/ac $7,653.09/ac Other Taxable Property $7,653.09/ac $7,653.09/ac Taxable Property Owner Association Property $7,653.09/ac $7,653.09/ac Estimated Revenue $5.593,720.22 A Special Tax of Community Facilities District 13-M shall be levied on all Assessor's Parcels of Taxable Property within the CFD each Fiscal Year commencing in Fiscal Year 2007-2008. Community Facilities District 13-M provides the necessary funding for the perpetual operation and maintenance of public landscaping, storm water quality, walls, fencing, trails, pedestrian bridges, and lighting improvements for Otay Ranch Village Two. Otay Ranch Village Two lies south of Olympic Parkway, West of La Media Road and west of the Landfill Site. 6-29 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2007-2008 WITHIN COMMUNITY FACILITIES DISTRICT I3-M; ANTI DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR THIS DISTRICT WHEREAS, on July 24, 2007, pursuant to Resolution No. 2007-193, the City Council established the maximun Special Tax rates that may be levied for Fiscal Year 2007-2008 in Community Facilities Districts 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2,07-1,08-1, 08-M, 09-M, II-M, 12-1, 12-M, 13-1 and I3-M as were set forth in Exhibits A through U, which were attached to and incorporated into that Resolution; and WHEREAS, Exhibit U, which showed the maximum Special Tax rate for Community Facilities District 13-M was incorrect; and WHEREAS, staff has attached a corrected Exhibit U to this Resolution; and WHEREAS, this City Council desires to establish the maximum Special Tax rate that may be levied in Community Facilities District 13-M in Fiscal Year 2007-2008 at the rates as set forth in the revised Exhibit U and to delegate to and designate the City Manager as the official to prepare a certified list of all parcels subject to the Special Tax levy for Community Facilities District 13-M, including the amount of such Special Tax to be levied on each parcel for Fiscal Year 2007-2008 as authorized by Govemment Code Section 53340. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, acting as the legislative body of Community Facilities District l3-M, as follows: I. That the foregoing recitals are tme and correct. 2. That it establishes the maximum Special Tax rates that may be levied for Fiscal Year 2007-2008 in Community Facilities District 13-M as the rates set forth in the revised Exhibit U which is attached to this Resolution. 3. That, pursuant to Govemment Code 53340, it delegates the authority to and designates the City Manager as the official to prepare and submit a certified list of all parcels subject to the levy of the Special Tax within the Community Facilities District 13-M, including the amount of the Special Tax to be levied on each parcel for Fiscal Year 2007-2008, and to file such list with the auditor of the County of San Diego on or before the required date or such other later date with the prior written consent of the auditor. The amount of the Special Tax to be levied on each such parcel shall be based upon the budget for Community Facilities District 13-M as previously approved by this City Council and shall not exceed the maximum Special Tax as set forth in the revised Exhibit U. 6-30 Resolution No. 2007- Page 2 Presented by Approved as to [onn by Richard A. Hopkins City Engineer 7 C ,} /I -....L '-c~i~~ Ann Moore City Attorney Attachment: Revised Exhibit U j-I:",'[NCJINEER'..RESOS\Rl.':su.Q()()7\09-11-07\CFD l.3rvl FY0708 corrected Exhibit U.DOC 6-31 Community Facilities District 13-M (Otay Ranch Village 2) 20ll7/()S 2ll07/llS Land Use Categon ',. A I ~ j" aXlmum '""'-ctua Rate Rate Single Family and Multi $ 0.458/sf $ 0.458/sf Family Residential Property Non-Residential Property $7,653.09/ac $7,653.09/ac Final Map Property $7,653.09/ac $7,653.09/ac Other Taxable Property Taxable Property Owner Association Pro e $7,653.09/ac $7,653.09/ac $7,653.09/ac $7,653.09/ac Estimated Revenue $5,593,720.22 6-32 EXHIBIT U CITY COUNCIL AGENDA STATEMENT ~Uf:. CITY OF J- CHULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: 9/18/2007 Item---3- RESOLUTION APPROVING THE PARCEL MAP FOR SYCAMORE ESTATES, TENTATIVE PARCEL MAP WAIVER NO. 07-06, ACCEPTING THE EASEMENTS GRANTED ON SAID PARCEL MAP, AND APPROVING THE VACATION OF A PORTION OF SYCAMORE DRIVE LYING WITHIN LOT "N" OF WOODLAWN PARK ACCORDING TO MAP THEREOF NO. 1271, PARCEL 3 AND 4 OF PARCEL MAP 16006, AND LOT 4 OF SYCAMORE ESTATES MAP NO. 15566; AND THE ABANDONMENT OF A PORTION OF A TREE PLANTING AND MAINTENANCE EASEMENT OVER PARCELS 3 AND 4 OF PARCEL MAP 16006, AND AUTHORIZING THE MAYOR TO APPROVE THE PARCEL MAP. ENGINEERING & GENERAL SERVICES DIRECTOR~~ ASSISTANT CITY~M. A AGIJ. > -r ~)'., CITY MANAGER. . ~ / 4/5THS VOTE: YES D NO 0 BACKGROUND On April 19, 2005, by Resolution No. 2005-128, the City approved Tentative Map No. 04-09 for Sycamore Estates. On May 22, 2007, by Resolution No 2007-125, the City approved the Sycamore Estates final map, Chula Vista Tract No. 04-09. On April 24, 2007, the City Engineer approved Tentative Parcel Map Waiver No. 07-06. Tonight, council will consider the approval of the Sycamore Estates Parcel Map, Tentative Parcel Map 07-06. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial Study, IS 04-034 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; 7-1 9/1812007, Iteml Page 2 on therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS 04-034. RECOMMENDATION That City Council adopt the Resolution approving the Parcel Map for Sycamore Estates, Tentative Parcel Map waiver No. 07-06, accepting the easements granted on said Parcel Map, and approving the vacation of a portion of Sycamore Drive lying within Lot "N" of Woodlawn Park according to Map thereof No. 1271, Parcel 3 and 4 of Parcel map 16006, and lot 4 of Sycamore Estates Map No. 15566; and the abandonment of a portion of a Tree planting and Maintenance Easement over parcels 3 and 4 of parcel map 16006, and authorizing the Mayor to approve the Parcel Map. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The area is generally located north of Main Street, between Hilltop Drive and I-80S in a neighborhood known as Woodlawn Park. The Parcel Map (see Exhibit I) has been reviewed by the Engineering and General Services Department, and found to be in substantial conformance with the approved Tentative Parcel Map Waiver. The Sycamore Estates project realigned the southerly portion of Sycamore Drive including the cul-de-sac (see Exhibit 2). This street realignment is consistent with the approved Tentative Map, and approved Tentative Parcel Map Waiver. Tentative Map No. 04-09 for Sycamore Estates Condition No. 10 requires Developer to process the vacation of the excess right-of-way on Sycamore Drive due to the realignment 0 fthe cul- de-sac. In satisfaction of this condition, the Developer has submitted the subject Parcel Map. The street realignment results in the need to vacate excess right-of-way as well as adjust property lines of three adjacent single-family parcels. This excess right-of-way vacation and property line adjustments are all proposed within the Parcel Map and presented to Council for approval tonight. The three adjacent property owners affected by the street realignment are satisfied with the resulting new property lines and frontage improvements and have signed the Parcel Map. Approval of this map also constitutes acceptance of the 5.5-foot street tree planting and maintenance easement, and the sewer and access easement, within the Parcel Map. The Parcel Map for Sycamore Estates is now before Council for consideration and approval (see Exhibit 2). The Parcel Map for Sycamore Estates consists of 4 numbered lots (3 single-family residential lots, and I fee owned parcel owned by the City of Chula Vista), totaling a gross area of 1.175 acres. 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. 7-2 9/18/2007. Item~ Page 3 of3 FISCAL IMPACT There is no impact to the General Fund. The Developer has paid all fees and other costs associated with the proposed project. EXHIBITS: Exhibit I: Exhibit 2: Exhibit 3: Location map for Sycamore Estates. Parcel Map for Sycamore Estates. Developer's Disclosure Statements. Prepared by: Boushra Salem, Senior Civil Engineer, Engineering Department J:\Engineer\AGENDA\CAS2007\09-18-07\Sycamore Estates Parcel Mapl.RT.doc 7-3 EXHIBIT 1 ~ ~ <( <( "" <E a ~ ~ --J :<<: ~ ~ ~ TALUS ST <( ~ L.w ~ '" O? <( ~ .s a [;J <( Q B; L.w ,,fv f2 a ~'f --J -S3 -S3 --J as 5: if ~ MAIN STREIT A N ~ ~ NOT TO SCALE _Lundstrom +assoclates VICINITY MAP TPM WAIVER 07-06 : PLANrtlNG I CIVIL fNGINEEIlING lLANO SURVH1NG I 1764 San Diego Avenue, Suite 200, San Diego, CA 9211 0 Tel: 619.641.5900 Fax: 619.641.5910 www.lundstrom.CC 7-4 AUTO PARK DRIVE J.N. 148-10 EXHIBIT 2 90 LARKHA V[N CHULA ViSTA UNiT NO. 31 iUJ< ~01 JIMP NO. 7590 ::> LOT 'C' --------------~ - - - - - - - WALNlIr DRIVE WOODLAWN PARK MAP N O. 1 2 7 1 35 39 34 35 7 5 / I 4 ~ ~ --l 103 PCL 74 0002 1 i N ~ SCALE: 1 "= 1 00' 47 48 !'vil-\P NO. .5'..0 ~'Pu PCL 51 ~~~ 1271 ~ ~ INDICATES PORTION TO BE VACATED PER PARCEL MAP CONTAINS 4238 SQ.FT.:!: _Lundstrom +assoclates PROPOSED VACATION TPM WAIVER 07-06 , PLANNING I CIVIL fNGHHERING I LAND SU~VEYING I 1764 San Diego Avenue, Suite 200, San Diego, CA 9211 0 Tel: 619.641.5900 fax: 619.641.5910 www.lundstrom.cc 7-5 J.N. 148-10 EXHIBIT .\) ((3 Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the Ctty, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a Ctty of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier f( WcI fL'-THo. c.. ,1JOil-t~ 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals wtth a $2000 investment in the business (corporation/partnership) enttty. NCI-/J<: 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. flON,Z 4. Please identify every person, including any agents, employees, consullants, or independent contractors you have assigned to represent you before the Ctty in this matter. CH/!-LS ""5:>~", ~,",,( l...uWSf7/-<.ln1t -+55:~ Kt ,Ue><<Qv1 ~ }.2t:JYLTt>--\ 6""'5~"7/a I~(, II l! it '"l ( 0::. h t,. J Co11- L\ l l \. t ... \ Has any person' associated with this contract had any financial dealings witlJ-an<jfficial" of the Ctty of Chula Vista as it relates to this contract wtthin the past 12 months. Yes_ No~ 5. If Yes, briefly describe the nature of the financial interest the officiar may have in this contract. 6. Have you made a contribution of.ma;; than $250 within the past twelve (12) months to a current member of the Chula Vista Ctty Council? No be;~ if yes, which Council member? 7-6 7" Have you provided more than $340 (or an ~em of equivalent value) to an official- of the C~ of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No.......... If Yes, which official- and what was the nature of ~em provided? "- .~l "nt or type name of Contractor! Applicant Date: AA 3>0-0 P . Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, c~, municipality, district, or other polttical 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 7-7 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PARCEL MAP FOR SYCAMORE ESTATES, TENTATIVE PARCEL MAP WAIVER NO. 07-06, ACCEPTING THE EASEMENTS GRANTED ON SAID PARCEL MAP, AND APPROVING THE VACATION OF A PORTION OF SYCAMORE DRIVE LYING WITHIN LOT "N" OF WOODLAWN PARK ACCORDING TO MAP THEREOF NO. 1271, PARCEL 3 AND 4 OF PARCEL MAP 16006, AND LOT 4 OF SYCAMORE ESTATES MAP NO. 15566; AND THE ABANDONMENT OF A PORTION OF A TREE PLANTING AND MAINTENANCE EASEMENT OVER PARCELS 3 AND 4 OF PARCEL MAP 16006, AND AUTHORIZING THE MAYOR TO APPROVE THE PARCEL MAP WHEREAS, the developer, Sycamore Jackson Estates, L.P., has submitted a parcel map for Sycamore Estates; and WHEREAS, the City of Chu1a Vista is the owner in fee of Parcel I as shown on the proposed parcel map, WHEREAS, a request has been received from Sycamore Jackson Estates, L.P. to vacate portions of various Public Street Easements or record, all being portions of Sycamore Drive as dedicated to public use, lying within the following described land: Lot "N" of Map No. 1271; Parcel 3 and 4 of Parcel Map 16006; and Lot 4 of Map 15566; and to abandon that portion of a tree planting and maintenance easement over Parcels 3 and 4 of Parcel Map No. 16006; and WHEREAS, the following Public Street Easements lying within the above described land were conveyed to the County of San Diego prior to the annexation of said area, or to the City of Chu1a Vista after said annexation and are no longer needed due to the realignment of Sycamore Drive; and described as follows: That portion of Parcel 82-0372-A1 of an easement granted to the County of San Diego per document recorded July 6, 1984 as file no. 84-253967; That portion of Parcel 82-0370-A1 of an easement granted to the County of San Diego per document recorded August 8, 1984 as file no. 84-301075; That portion of Sycamore Drive as dedicated to the City of Chula Vista by Resolution 15402, recorded December 5,1989 as file no. 89-657258; and WHEREAS, that portion of a tree planting and maintenance easement granted to the City of Chula Vista per document recorded on December 5, 1989 as file no. 89-657257 is no longer needed due to the realignment of said right-of-way; and 7-8 Resolution No. 2007- Page 2 WHEREAS, Sycamore Drive is being built on a revised alignment and the necessary right-of-way in that area having been dedicated on map entitled Chula Vista Tract No 04-09, Sycamore Estates, Map No. 15566. WHEREAS, there are no drainage structures within the said public street easements and adequate streets have been built to allow access to all parcels in the vicinity, and the Public Street Easement serves no purpose to the City; and WHEREAS, there are existing San Diego Gas & Electric overhead electric and underground gas facilities within the area of the old public street easement; and WHEREAS, a general utility and access easement will be reserved over all of the portions of the public street easement being vacated; and WHEREAS, in order to vacate, Council must adopt a resolution ordering the vacation and abandonment of the aforementioned Public Street Easement and Tree Planting and Maintenance easement; and WHEREAS, in accordance with the provISIOns set forth in Section 66445(j) of the Subdivision Map Act, said Public Street Easement and said Tree Planting and Maintenance easement will be vacated and abandoned by the filing of said Parcel Map with the County Recorder. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find that the subject Parcel Map is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map proposing the lot line adjustments shown thereon is hereby approved and accepted. Boundary of said parcel map is more particularly described as follows: Being a lot line adjustment of Parcels 3 and 4 of Parcel Map No. 16006, filed in the office of the County recorder of San Diego County on February 28, 1990, together with lot "N" of Woodland Park, according to map thereof No. 1271, filed in the office of the County recorder of San Diego County on June 30, 1910, together with Lot 4 of Chula Vista Tract No. 04-09, Sycamore Estates, according to map thereof No. 15566 filed in the office of the County recorder of San Diego County on, June 19,2007, all in the City of Chula Vista, County of San Diego, State of California, together with a portion of Sycamore Drive as dedicated to public use. Area: 1.1 75 Acres Numbered Lots: 4 Total No. Lots: 4 Lettered Lots: 0 BE IT FURTHER RESOLVED, the City Council hereby accepts on behalf of the City of Chula Vista the various easements, all as granted on said parcel map, subject to the conditions set forth thereon. 7-9 Resolution No. 2007- Page 3 BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista does hereby vacate the Public Street Easements, reserving therefrom a general utility and access easement over all portions being vacated; and does hereby abandon the Tree Planting and Maintenance easement over a portion of the above described land. 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 parcel map, and that those certain easements, as granted thereon and shown on said parcel map, are accepted on behalf ofthe City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED that City Clerk is hereby directed to transmit said map to the County Recorder's office of the County of San Diego. BE IT FURTHER RESOLVED that the Resolution shall not become effective unless and until the filing of the Parcel Map in the Office of the County Recorder. In the event the above map is not filed within one year following the adoption of this Resolution, this Resolution shall become void and be of no further force or effect. BE IT FURTHER RESOLVED, the City Engineer shall advise the City Clerk of the completion of the aforementioned conditions, and the City Clerk shall then cause a certified copy of this Resolution attested by him under seal, to be recorded in the Office of the County Recorder. BE IT FURTHER RESOLVED that the developer has executed a Parcel Map to accomplish the lot line adjustments between existing parcels per Notice of Approval, Tentative Parcel Map Waiver for Sycamore Estates, TPM 07-06, copy of which shall be kept on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to approve the Parcel Map on behalf of the City of Chula Vista. Presented by Jock Griffin ~v Director of Engineering and General Services K:\ENGINEER\RESOS\Resos2007\09-18-07\Combined reso for Sycamore PM-3-revised.doc 7-10 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. 8-1 9/18/07, Item~ Page 2 of4 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). 8-2 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. 8-3 9/18/07, Item~ Page 4 of 4 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 Page 1 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 Page 2 8-7 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 Page 3 8-8 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. Page 4 8-9 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 8-11 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] Page 7 8-12 (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 8-13 (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 8-14 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 8-15 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 ~"" ;~@ ~> o ~ l/) N oGI N - '" - o -< ~ >. - ... ~~ '" ... =-- jQ E,.." ~"" ..-:;g ~~ <,.; ]::> " ." 'i\ -~ 8 ~ 0/.07 El :~ ~ {;] " ! ~~ ~~ I I ~ Page 12 8-17 EXHIBIT "B" COMMUNITY PARK SITE (As per Approved Tentative Map, dated 5/9/06) .-." '~';~ """,......" (j'!."" ,..-, . ,. '-.- 1i,'L;::""~.-{5t. ~: Page 13 8-18 1 'l> I Xi - ~'>iXo'""," OT~ y RdLr;JG~ ~/\_L;.,tGE z7~"LS~... 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 ! ! ". .u '" .. .. m .. m ~ .. ,. ! ! 1 1 1 NO '" .U '" < ,. '" .. '" ~ .. '" W' "" ,. '" ~ ". ,. ! '" ,. \ '" '" 'u ! .. ., .. .. ." '" .. .. .. .. .. .. ~ ; \ .. ". ~, .. ~ .. .. .. "" .. t. '" '" '" '" '" ,. '" '" '" OLYJ'PICPiJf1{PY ... UNt.A m;'1'tlJUII JifUP I 1/; ~ II 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 3 --~ 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 ( ~ / 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 t?Je.B \ \ f= 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 P #"\ f~,,~i' ) -..~ r"S~"'-" ,,::,"&,-,~ ./ :~ ""'7 "",-'f-c= ,~"~~1 ':;==';\ "-J None 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 _ """' """' ~y:o~m~Ex~res_~1'::2~O ~l 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 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 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.... :.:,:,:<,:.:.:,:;:.:.;<.:.~:.:.:;:.;.';; .<.:.;.:':.:':.:.:':':'};';;;:;:':;::':' .-......, :':':':.:;:;:;,~:;} '.',;,,'.:,','.:.'.;' <.:;:;:;:;;;:::.;;;.:;:;:.:;::;;:;:~;;;;..,...., .........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 ;.":.":,:,:,:::,:,:,:::,:,:::::,,,,,:,,:,:,:, :.:-:.:.:.'.,-,-:,:-,.:.:",:,::,,:,,:,:,:.:::,:.:,:.:::::".,::,::::,=,::::;:,:::::::::<::<<:::,:,,,:::::, ....,.....................-.. .......................-....,.:<.,.:.:<.:.:.:.:.,. ----"", , , / 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 J:',EngineerILANDDEV\Projects\Otay Ranch Village 2\OR8] IF OR812F_ V 2 North Units 1 & 2 FMiSSIA Unit I final 9-14-07.doc 3 8-53 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. J:\Engineer"LANDDEV\Projects\Otay Ranch Village 2\OR811F OR812F_V 2 North Units 1 & 2 FMlSSIA Unit] fina/9-14-07.doc 4 8-54 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, J:\Engineer\LA..l\JDDEV\Projects\Otay Ranch Village 2\OR811F OR812F _V 2 North Units 1 & 2 FM\SSlA Unit 1 final9-14-07.doc 5 8-55 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 J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR81IF OR812F _ V 2 North Units 1 & 2 F?vf\SSIA Unit 1 fina19-14-07.doc 6 8-56 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. J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR811F OR812F _V 2 North Units 1 & 2 FM\SSlA Unit 1 final9-14-07.doc 7 8-57 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. J:\Engineer\LA.c'l>.JImEV\Projects\Otay Ranch Village 2\OR81IF OR812F _ V 2 North Units 1 & 2 FM\SSIA Unit 1 final9.14-07.doc 8 8-58 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. J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR811F OR812F_ V 2 North Units 1 & 2 FM\SSlA Unit 1 fmal9-14-07.doc 9 8-59 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, J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR81IF OR812F _ V 2 North Units 1 & 2 FM\SSlA Unit 1 flnal9-14-07.doc 10 8-60 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). J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR811F OR812F_ V 2 North Units 1 & 2 FM\SSIA Unit 1 fmal9.14-07.doc 11 8-61 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: J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR81IF OR812F _ V 2 North Units 1 & 2 FM\SSIA Unit 1 fmal9-14-07.doc 12 8-62 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. J:\EngineerILANDDEV\Projects\Otay Ranch Village 2\OR811F OR812F _V 2 North Units I & 2 FM\SSl!>.. Unit 1 fma19~14-07.doc 13 8-63 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: J:\EngineerILANDDEV\Projects\Otay Ranch Village 2\OR811F OR812F _V 2 North Units 1 & 2 FM\SSIA Unit 1 finaI9-14-07.doc 14 8-64 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. J:\EngineerILANDDEV\Projects\Otay Ranch Village 2\OR811F OR812F _ V 2 North Units 1 & 2 FM\SSIA. Unit 1 final9-14-07.doc 15 8-65 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. J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR811F OR812F _ V 2 North Units 1 & 2 FM\SSIA Unit 1 final9-14-07,doc 16 8-66 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. J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR811F OR812F _V 2 North Units 1 & 2 FM\SSlA Unit 1 final 9-14-07.doc 17 8-67 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 J:\Engineer\LMTIDEV\Projects\Otay Ranch Village 2\OR81IF OR812F _ V 2 North Units 1 & 2 FM\SSlA Unit 1 fmal9-14-07.doc 18 8-68 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. J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR811F OR812F_ V 2 North Units I & 2 FM\SSIA Unit 1 final9-14-07.doc 19 8-69 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. nEngineer\LANDDEV\Projects\Otay Ranch Village 2\OR81IF OR812F _V 2 North Units I & 2 Fl'vf\SSlA Unit 1 final 9~14-07,doc 20 8-70 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. J:\EngineerILANDDEV\Projects\Otay Ranch Village 2\OR811F ORS12F _V 2 North Units 1 & 2 FM\SSIA Unit 1 fmal9-14-07.doc 21 8-71 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: J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR81IF OR812F _ V 2 North Units 1 & 2 FM\SSIA Unit 1 final9-14-07.doc 22 8-72 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. J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR811F OR812F _V 2 North Units 1 & 2 FM\SSli\ Unit 1 final9-14-07.doc 23 8-73 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 J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR811F OR812F _V 2 North Units I & 2 FM\SSlA Unit 1 fmal9-14-07.doc 24 8-74 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. J:\EngineerILANDDEV\Projects\Otay Ranch Village 2\OR81IF OR812F _V 2 North Units 1 & 2 FM\SSlA Unit 1 final9-14-07.doc 25 8-75 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 J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR811F OR812F _ V 2 North Units I & 2 Ftvf\SSIA Unit 1 [mal 9-14-07.doc 26 8-76 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. J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR81IF OR812F _V 2 North Units 1 & 2 FM\SSIA Unit 1 fmal9-14-07.doc 27 8-77 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 J:\EngineerILM'DDEV\Projects\Otay Ranch Village 2\OR811F OR812F _ V 2 North Units 1 & 2 FIvf\SSlA Unit 1 final9-14-07.doc 28 8-78 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] J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR&1IF OR812F _ V 2 North Units 1 & 2 F1Yf\SSIA Unit 1 final9-14~07.doc 29 8-79 {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] J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR811F OR812F_ V 2 North Units 1 & 2 F!\.1\SSlA Unit 1 fma19-14-07.doc 30 8-80 {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: J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR811F OR812F _V 2 North Units 1 & 2 FM\SSlA Unit 1 fina19~14-07.doc 31 8-81 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) J:\Engineer\LAr.l\!DDEV\Projects\Otay Ranch Village 2\OR811F OR812F _V 2 North Units 1 & 2 FM\SSIA Unit 1 final9-14-07.doc 32 8-82 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 CITY COUNCIL AGENDA STATEMENT ~f:. CITY OF << .~ CHULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: 9/18/07, Iteml RESOLUTION APPROVING THE FINAL "B" MAP OF CHULA VISTA TRACT NO. 06-05, OTAY RANCH VILLAGE TWO, NEIGHBORHOOD R-14, 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 DIRECTOR OF ENG~\.'ING AND GENERAL SERV[CE~ CITY MANAGER fu~~/ ASSISTANT CITY ~AGER 4/5THS VOTE: YES 0 NO [gJ BACKGROUND On May 23, 2006, by Resolution No. 2006-157, Council approved the Tentative Subdivision Map for Chula 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 Final "B" Map for Chula Vista Tract No. 06-05, Otay Ranch Village Two, Neighborhood R-14. 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. RECOMMENDATION That Council adopt the Resolution approving the Final "B" Map of Chula Vista Tract No. 06-05, Otay Ranch Village Two, Neighborhood R-14; the associated Subdivision Improvement Agreement for the completion of the improvements; the associated Supplemental Subdivision Improvement Agreement, and authorizing the Mayor to execute said agreements 9-1 9/18/07, Iteml Page 20f3 BOARDS/COMMISSION RECOMMENDA nON Not applicable. DISCUSSION The area is generally located at the southeast comer of the intersection of Santa Victoria Road and Anapamu A venue within the area of Otay Ranch Village 2. The "B" map for Neighborhood R-14, consists of one numbered lot with maximum of 165 residential condominium units and two lettered lots for open space and other public purposes, totaling a gross area of 13.029 acres (see Exhibit 1). The final map has been reviewed by the Engineering and General Services, and Public Works Departments and found to be in substantial conformance with the approved 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 Eighteen, LLC, as subsequent and current owners of the Otay Ranch Village Two, Neighborhood R-14 has executed the appropriate Subdivision Improvement Agreement, providing bonds to secure the construction of onsite facilities within the subdivision and the Supplemental Subdivision Improvement Agreement, which addresses 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 fmalizing 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 re~uire all property owners within Village 2 to execute the Agreement prior to issuance of the 126 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 9-2 9/18/07, Item~ Page 3 of3 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 Obligation The Developer has paid all Park Acquisition and Development (PAD) fees associated with the Otay Ranch Village Two neighborhood R-14 "B" Map. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMPACT None to the City. The Developer has paid all costs associated with the proposed Final Map and agreements. ATTACHMENTS Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Plat ofOtay Ranch Village Two Neighborhood R-14 Developer's Disclosure Statement Subdivision Improvement Agreement Supplemental Subdivision Improvement Agreement Prepared by: Boushra Salem, Senior Civil Engineer, Engineering and General Services Department J:\EngineerlAGENDA\CAS2007\09-11-07\OR V2 R14 version 2.doc 9-3 EXHIBIT 1 r'\VJ ,:,.C::; SCALE 1-=600' ~/v (\{F () ()~ ,:,.(). ~ 6 \' ~'V ~ '(,,~; LOT 'A' 0. '?- ~ ..::;-0<V. ~ ~ STATE STREET BIRCH ROAD ..;,.fJ..;,.'::) c. IJJVJO \() 0) ~ ~\J' ,:,.GY:>. 't;)..& \0 0"\ S ~ LOT 5 G~ fF..;,.~v ~O' 0,1 ~ ~ O"\~ ()~ ; ~ CHULA VISTA TRACT NO. 06-05 OTAY RANCH VIlLAGE 2 NEIGHBORHOOD R-14 1 . s .~ ~ ~:s EXHIBIT :l Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista ejection must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant. contractor, subcontractor, material supplier. ~ ~c\II. ~, L.LL.- Di-~~c!. ~~ ~L. ~ ~M c... u-'-- 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. -JIM 1!>~ vJ (VI c.;().:II ~.N'\P_",''''L/ 3. If any person. identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. tJ( Pc 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. "1:x>~ B,too\t..S \Jp ~t". ~"' t.trL.~~soc..u>--~ 4v..Jo.Ad. ~ -As &o~ ~t)lL ~l"6". vI-' 41..^-c.l"A.n~ 5. Has any person. associated with this contract had any financial dealings '(Ii~ an official.. of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No-& If Yes, briefly describe the nature of the financial interest the official.. may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? NO~ Yes _If yes, which Council member? 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 (1 ~~ months? (This includes being a source of income, money to retire a legal debt, gift. loan, etc.) Yes_ No-J::>.- If Yes, which official.. and what was the nature of item provided? Date:~ Ignature of Contractor/Applicant ~l\'\!- ~ "(~~thlO 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 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann -:ftJ1\ City At Dated: q-;t/~ 07 Subdivision Improvement Agreement Between the City of Chula Vista and Otay Ranch Eighteen, LLC for Otay Ranch Village Two Neighborhood R-14 (CVT 06-05) 9-7 " Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 EXHlBlT ,J 3 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 01: 8/3 F SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of ,2007, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", Otay Ranch Eighteen, LLC, 2445 Fenton Street, Chula Vista, 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 of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as Otay Ranch Village Two Neighborhood R-14 (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 final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the improvements and/or land development work required in said subdivision within a definite period oftime prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will -1- 9-8 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 06079 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 Four Hundred thirty two thousand one hundred fifty one dollars and no cents ($432,151.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the 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 hereo f. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such -2- 9-9 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 TWO HUNDRED SIXTEEN THOUSAND SEVENTY FIVE DOLLARS AND FIFTY CENTS ($216,075.50), which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum TWO HUNDRED SIXTEEN THOUSAND SEVENTY FIVE DOLLARS AND FIFTY CENTS ($216,075.50) to secure the payment of material and labor in connection with the installation of said improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "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 EIGHT THOUSAND TWO HUNDRED DOLLARS AND NO CENTS ($8,200.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "c" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any 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- 9-10 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. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of 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- 9-11 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- 9-12 SIGNATURE PAGE ONE OF TWO SUBDIVISION IMPROVEMENT AGREEMENT OTA Y RANCH VILLAGE TWO NEIGHBORHOOD R-14 (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 of Chula Vista ATTEST: Susan Bigelow City Clerk Approved as to form by Ann Moore City Attorney -6- 9-13 SIGNATURE PAGE TWO OF TWO SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANCH VILLAGE TWO NEIGHBORHOOD R-14 (CVT 06-05) OTA Y RANCH EIGHTEEN, LLC, A California limited Liability Company, _H) L / By: By: Title: V, P (~ &^4rv I-:f-I~ Title: , (Attach Notary Acknowledgment) -7- 9-14 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $216,075.50 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $216,075.50 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $8,200.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. J:\Engineer\LA.NDDEV\Projects\Otay Ranch Village 2\OR813F V2 R14\SIA.doc -8- 9-15 ~"""O""OG""'IT,,;.'t"'''''')G'~'''''''''''''''-'O'M'''W''''''''lw'",,"r''.,"'>wlWC""'-""O:"O"'-'O'M"""'''''''''-EO....''"''U:r'OWlfOG"'"''''"''"'''-,",,,",,,,,,,""..,"""'''"r''''''''''''''OO....."r'''''O''','OC~''"T'''''''''''OO'''"''CmQ~'''''''.,'NT"'"O,.~,<IO"""=t'OWl'O"'''"''',_'''''',,',,''".''''''''''''''''''''C''o)~lm''''''''^C~I"WC'<IOM"" ~ , ! ! 1 ! ~ I ! i ~ ! 1 ~ ! ~ ! ! i , , i i I i ~ ! ! , ! ! I ! ! l ! I i ! I ! , ! I ~ ! , ! ~ State of California CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT County of 'San D;~ On SeptDmb.e-r 7, ;)r)Oi ka~~ L(~,~'2e'S~'c~~~i,,~Joli c) before me, personally appeared DOWJ 8rDOkS personally known to me (or pre.cd tc (,,€ SA tRe easis sf satiJffleter) uiEicAce) to be the person(';j whose name($) is/-'lfE' subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hefMleir authorized capacity(ies), and that by his/her/their signatureW' on the instrument the person(;;J; or the entity upon behalf of which the person(j) acted, executed the instrument. WITNESS my hand and official seal. KARLA L. HAHN COMM. #1630397 z Nolary Public ~ Califorma E: San Diego County ~ Comm. Ex 'res Dec. 16,2009 Signature 0cUl& i. W~ (Seal) OPTIONAL INFORMATION Although the information in this seerion is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document " Additronal: [rt'fc:n=tion ' The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of Method of Signer Identification o Personally known to me o Proved to me on the basis of satisfactory evidence: La form(s) of identification a credible witness(es) Identification is detailed in notary journal on: Page # Entry # containing pages, and dated The signer(s) capacity or authority is/are as: D Individual(s} o Attorney-in-Fact D Corporate Officer(s) Notary contact: Other D Additional Signer(s) D Signer{s) Thumbprint(s) D Title(s) D Guardian/Conservator D Partner - Limited/General n Trustee(s) D Other: i ! , ~ ! , , i ! ,"u"~"'m""''''m"''''''''''''''''''"<'''''''"MO,,,,,,"'''''"'V,ot,''''1><'''OO'''''''"'""''''')'''''''''''''"''''''O''"",'''''ll<l~O'"V'''''.''' representing' Name{s) of Pe,son(s) Of Entity(ies) Signer is Representing '''''''~'O''''O''''''''''''''J1''''O''',,"'''''''''''''''''''''''"'''''''''''0'''''''''''''O''''''""'""''",Hl''''".I''''''''''''',,"O"'''W''''''''''''''''''''",''''''''O'''''''''''''''''''J''",V,"'''''''l~"",''''''Hmoo''_ ~ Copyright 2005 Notary Rotary, Inc 92S 29th 5t, Des Moines, IA 50312-3612 Form ACK02, 10/9'_ f a-order. call toll-free ]-877-349-6588 or visit us on the Internet at hrrp/lwww notdryrotary.com executed in triplicate ,rE""" ''''-'(' N' liBI:r f" ~Ld\~ FICc;r o1<.-'6I'3.J "1 I. t1 [J l~~1 "( '7,. ;'c,i J \i-;;LJ BOND FORFMTHFUL PERFORMANCE (To Be Used With Construction Permit) File No [} i('- (; i~:C BondNo:.C,f 1'502:7604- Prernium: $69)2,00 WHEREAS, the City of Chula Vista, Comty of San Diego, State of California, has issued to ()ta-':l Ranch F ighteen. IJ r (hereinafter "Principal") Construction Permit No. v R -R I <, T (hereinafter referred to as "Permit") for the public improvement work as set forth in more detail on City of Chula Vi,', Drawing Nos. 06013 - 01 through 06{)7'} -i {, , regarding construction of certain public improvements for the project known as Ota';j I\.anch Villae;e 2 1\.-1 + Improvement , which Permit is hereby referred to and made a part hereof; and, WHEREAS, said Principal is required under the terms of said Permit to furnish a bond for faithful performance of said public improvement work NOW TIlEREFORE, we, the Principal and Arch Insurance Compan';j , a corporation of the State of ~issouri . (hereinafter "Surety') are held and firruly bound mto the City ofChula Vista, a municipal corporation (hereinafter "City') in the Comty of San Diego, State of California, and to and forthe bmefit of any and all persons who may suffer damages by breach of the conditions hereof in the penal sum of ~"nr1r,..r1 S;vl-,..,..n Thn"s>>nr1* dollars, ($21 6,075.50 ), lawful money of the United States, for the payment of which sum well arxI truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. * 5event-':l Five and 50/1 ooths The condition of this obligation is such that if the above-bound Pnncipal, 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 th', ",,;e and in the marmer therein specified, and in accordance with ordinances and st <c.;rds of the City in force at the time of such construction, and in all respects according to their true intent and mearung and shall indemnifY and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect 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 ta.'i:ed 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 9-17 NA IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on Jul~ 11th , 20~ Ota'j R.anch E.ighteen, LLC N~: (Applicant) _ By ~Olr c;:o-\...E?v\v'\e..- G.JlS\~lo W~\I~ I Arch Insurance Compan.':J Name of Surety C any By ttorne.':J-in- act By 1 ')'5 ~ os rabies Avenue. Suite 82'5 Address of Surety Company 5U'5on6o+ BondIPolicy No. Fasadena City CA State 91101 Zip Code ABOVE-SIGNATORJES MUST BE NOTARIZED J:\EngineenLANDDEVIForms -Official\Bonds\Bond Faith Perf Canstr Permit.DOC 9-18 State of California County of Orange ACKNOWLEDGEMENT On JUl 1 1 2007 before me, J. Barragan, Notary Public (here insert name and title of the officer) personally appeared Jane Kepner personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument.l- - ~ - - -J.-BAi~ - - r . 1@--commllalon#1635125r WITNESS my hand and Offi~~al I. i . _.,; Nofary Public _ California ~ J Orange County j Signature ~ ~ _ _ _ ~v:o~m,:..EX~lre.:J~n5.:..2~ul (Seal) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITlE(S) o LIMITED o GENERAL o PARTNER(S) rg] o o o ATTORN EY -I N-F ACT 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 9-19 FRP CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California } ss -- County of Or ~()~ on::f<,\"4 \d.~--' beforeme....Jl/ro'r L~j{h_wJ'{), ,l.I',.,.r.......R1li I Date NameandTitlIlOfofficar(lI.g.."JaneDae,Notaryi"GbIiC.),....'~ personally appeared c... ~<r(\{)O l; I Vi .)\ C Xli 0 , Nam&(s)ofSigner(s) I- ~ersonaJly known to me D proved to me on the basis of satisfactory evidence J@---- - ~o~ l~RE~H~TE; - f _ Comrnlaslon {1 1621451 i -. Notary Public - California i t OfQnge County d _ _ _ ~:~:.~_~1~ to be the personf&} whose name(.et is..... subscribed to the within instrument and acknowledged to me that ....Ishellloe;i executed the same in .lWl;/herl~ authorized capacity(~ and that by -klherl_ signatur~on the instrument the persontet; or the entity upon behalf of which the personli1- acted, executed the instrument. OPTIONAL I. 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. I- 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 I- I- Signer's Name: . Top a/thumb here I' I' o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: I. Signer Is Representing: il:l1999 National Notary Association' 9350 De SotoAva P,O. Ba~ 2402' Chats~rth, CA 91313.24lJ2' www.nationalnotary.org Prod. No.SSD? ~ :j.;~ Reorder. Call TolI.frea 1.800-875-8827 9-20 executed in triplicate EXHIBIT "B'l File No. Oi~.!3/?;: BondNo.5SJi~60+ Premium: inc in ertormance I)ond BOND FOR MATERIAL AND LABOR (To Be Used With Construction Permit; WHEREAS. the City of Chula Vista, County of San Diego, State of' :alifornia, has issued to Otay Ranch Eighteen, LLC (hereinafter "Principal") Construction Permit No. f);< 8/3, -;: (hereinafter referred to as "Permit") for the public improvement work as set forth in more detail on City of Chula Vista Drawing Nos. 06079--"J thro~h tJ6 OJ'} -/6 . regardig,g construction of certain public improver"e'lts for the project known as utayKanch Village 2 1\.-1 + Improvement , 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 ..vith Section 3082), Part 4, Division 3, of the Civil Code of the State of California. NOW THEREFORE, said Principal and Arch Insurance r ompan,9 , a corporation of the State of ---Mi",,,,,..,,,r; , (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~undred .Sixteen Thousand' dollars, ($71 h,075 50 ), lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount herei-"o;,ove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. . Sevent.Y Five and 50/1 ooths 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 IS (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 9-21 notice of any such change, extension of time, alteration or additloIl to the terms of the Permit 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 Jul';lll th . 20~ Ota';l R.anch E.ighteen, LLC Name of Pncipal (Applicant) IN-t \)~S.lGlAto I \7.e..0.-Wv€.1,...-/ Arch Insurance Compan';l Name of Surety Corrpany By J9~tt~~ 1 J5 No. Los R.obles Avenue, Suite 825 Address of Surety Company By 5LJ502Jb04 Bond/Policy No. F asadena City CA 91101 Zip Code State ABOVE-SIGNATORIES MUST BE NOTARIZED Ci Hco4 H:\HOMBENGINEER\LANDDEV\Forms .Official\Bonds\Bond Material & Labor Constr Pennit.doc 9-22 State of California County of Orange ACKNOWLEDGEMENT On JUL 1 1 2007 before me, 1. Barragan, Notary Public (here insert name and title of the officer) personally appeared Jane Kepner personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrumentl - - - - - -J.-~~ - - r . 1 - CommllslOn # 1635125 r WITNESS my hand and Offi~Clal ~ .. Notary Public. California ~ J Orange County ,! Signature ~ ~ ,.. _ .... ~:~m.:..Ex~lre~~n:2~~ (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 o CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT o PARTNER(S) rz1 o D o TITLE(S) o LIMITED o GENERAL 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 9-23 FRP CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT County of 0(' "'O'(jt }ss. State of California On J; ...,\'-1 \rl\ ?;Cnl before me, Data _ \! _ Name and TItle 01 Officer (e.g., "Jails Doa, Notary Public") personally appeared c.,;~Q-rr(')<Z. ~ \/i,), GhiO Name(s)01 Signar{sj 1<.. ill'(ersonally known to me o proved to me on the basis of satisfactory evidence 1..=~~.l-J I -., NlIIc - c_ f Orange eo...ty - ~ ~ _ ~~_~_~1~~ to be the persontet- whose narne(-er is/_ subscribed to the within instrument and acknowiedged to me that-i;elshe/\Ae;'-executed the same in ~her~ authorized capacity~ and that by _er/_ signature(~ on the instrument the person(aj, or the entity upon behalf of which the person~ acted, executed the instrument. WITN ESS my hand and officiai seal. 0".,,~"ptl-,JNj OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 1 I' lItle or Type of Document Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - lItle(s): o Partner - 0 Limited 0 Generai o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here " Signer is Representing: ~ 1999 National Notary Association. 9350 Os Soto Ave., P,O. Box 2402' Chatsworth. CA 91 313-2402' www.nationalnotary.org Prod. No. 5907 ~ :$j Reorder: Call Toll-Froo 1-800-876-6827 ~ ~ 9-24 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. Schailer, Racheile 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 ail bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or coilection 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 doliar 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!ance of the!;e",presents shall be as binding upon the said Company as fully and amply to ail intents and purposes, as if the samehaa~eeh:' ~uly '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 Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shail 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 attorney or bond executed pursuanUo 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, shail continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed In U.S.A. 9-25 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 Rheauit, Ashley Ward, Grace Reza and Rosa E. Rivas 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 its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credi!. 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 thel"'''',p,resents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the samehad.tieeh: ~uly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. '. . .. ' , This Power of Attomey 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 Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, 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 attorney or bond executed pursuanUo 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 Printed In U.S.A. 9-26 executed in triplicate EXHIBIT lIe II I I File No.: w.o. #OR-813F SURVEY MONUMENT INST ALLA nON BOND Bond No. SU5023859 Prermum: $123.00 LET IT BE KNO'vVN BY THESE PRESENTS, that Otay Ranch Eighteen LLC as the subdivider (hereinafter "Principal"), and A1Th TIl"l11";lIlC.~ C;omp;my a corporation of the State of Missouri (hereinafter "Surety"), are held and firmly bound unto the City of Chula Vista, a municipal corporation (hereinafter "City"), in the County of San Diego, State of Califomia, and to and for the benefit of any and all persons who may suffer damage by reason of the breach of the conditions hereof, III the penal sum of Eight Thousand Two HturdTed and OO/lOOths dollars ($ 8,200.00 ) lawful money of the United States, to be paid to City. WHEREAS, Principal is presently engaged in subdividing certain lands to be known as Olay Ranch Village 2 Neighborhool R-LI, subdlVlslOn III 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 proj ect Otay Ranch Village 2 Neighborhood R-LI, W.O. #OR-813F , is hereby referred to and made a part hereof; and, WHEREAS, Principal desires to not install durable survey monuments prior to the recordation of the final map of the subdivision and desires to install same at a later date, NOW, THEREFORE, the condition of the above obligation is that if Principal shall have installed durable monuments of the survey by Ltmdstrom & Associates (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 within 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 attomey's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included inpany judgment rendered. 9-27 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on August 16th , 20~ .......'"'... .'....,w .....;'...',.'u..,-.. ";""":':':;:';':':;:;:;:':':':':':;:':;:':;:;~':':':::,:,;.;';';,;';.;;-".:, "':':':':-:':"':':':':,:,:,;,:,:,:.:,:.:.:;:;:':".:::;:.;;:;g.;;;,:;:.;{.,;;:;;.;{.~;;~:.;.;;:.:.;.~>:.,; .......'.w .....w. .....'............"......, , .. Otay Ranch Flr-nt~~n T J ,C N7;:CZPalCAPPlicant) By f: u.& By ~fuv'~~<..-E. V\SlJuO T(..L..O.S cJv-e.v Bond No. SU5023859 Bond/Policy No. A.rch Insurance Conlp;:lllY Name of Surety Company ;g.;':'}:':':",";" By Q~~ J~Kepller, AttOll1ey~in-Fact 185 No. Los Roles Avenue. Suite 825 Address of Surety Company Pasadena City CA State ABOVE-SIGNATORIES MUST BE NOTARIZED .,.....:;,.,.:.;.'e.' ..........,..-.......,..... ,.,.,.,.,.,.:.:.,.:'.c.".,.".,.,<.,.,.....;.. ;:;:,:";:~;:<:,;:;:::;::::::::,, .......................::::;:,:'" J :\EngineetLANDDEV\Forms -OfficiallBonds\Bond Monuments.doc ,:,:,:,:,:,,::::,'=,,:::::,:,:.:.:,:-::::::::~:::,:::,:::;:::,,::,,::,,::::,:::::,:,::,: 9-28 91101 Zip Code ..y....-.....-......................... ........:.:.:':.:.:.:.:.:.:<.>:.".:.:<,.:-:.,.,.:.:.:N:.........., State of California County of Orange ACKNOWLEDGEMENT On AUG 1 6 2001, 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 Instrumentl~~ - - - - -J.-~RA7;~ - - r WITNESS my hand and Ohffi I. ] ..... . Commission # 1635125 r ~ . -. .. 0 Notary Public - CalIfornia ~ '1. Orange County f Signature ___" MvComm. Expires Jon 5. 2010r (Seal) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) o LIMITED o GENERAL o PARTNER(S) r8J o o o ATTORNEY-I N-F ACT 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 - -- .,. 4." 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 Attorney(s)-in-Fact, to make, execute, seal, and deilver from the date of issuance of this power for and on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or 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 s<ime had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas Cil}',.,M.iSflRI!ti,:""" . ',.," , . "f::'~;~_ ~. '.d-.,.:-.? ^5~1"'.)i~ :,_ ""::;,;_..~,J,'>,,!,,,.t,~, This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Boand of Directors of the Company on March 3, 2003, !nue 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 Secretiary, 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 vaild and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 9-30 Printed In U.S.A. CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT C' ~ State of California } ss. County of Oi"?()3<l. onA)Q".)&W)lb:l"l before me, K1rtlJrr LJ7e>i(~il), Air+--- _OLl' . V Dale WI' Nameandl1t1eojOfficar(e.g.'''Janeooe.Notary~Ubl~~) ~ personally appeared C.l~ ()Q . I;;:: I VI.)'IC" nfO , Name(s)ofSlgner(s) il!1Jersonaliy known to me D proved to me on the basis of satisfactory evidence I. J.- ~,-t $' NotaIY PublIC ,Cal_ ~ ! ,.. Orange caunty d i _ _ _ ~:",:",:.~~1~ to be the person~ whose name~ is/_ subscribed to the within instrument and acknowledged to me thatMshe~xecuted the same in ~er~ authorized capacit~ and that by _her/t_ signature~n the instrument the person~, or the entity upon behalf of which the perso~ acted, executed the instrument. W~y ~d a~~itzl~ A~ Signature Notary ubli OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document I. Title or Type 01 Document: Document Date: Number of Pages: I Signer(s) Other Than Named Above: I. Capacity(ies) Claimed by Signer 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 I. I. Signer Is Representing: I. ~- ~ 101999 National NotaryAssociation.9350 De Solo Ave., ~"> P.O. Box 2402. Chatsworth. CA91313-2402.'NWW.nationalnotary.or 9 Prod. No. 5907 ~ " Reorde~ Call Toll-Fres 1-800-876-6827 9-31 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: 9~ /~~c)7 Supplemental Subdivision Improvement Agreement Between the City of Chula Vista and Otay Ranch Eighteen, LLC for Otay Ranch Village Two Neighborhood R-14 (CVT 06-05) 9-32 RECORDING REQUEST BY: WHEN RECORDED MAIL TO: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) EXH1Brr Lf City Clerk CITY OF CHULA VISTA 276 Fourth A venue 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-813F SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE CHULA VISTA TRACT NO. 06-05 OTA Y RANCH VILLAGE TWO NEIGHBORHOOD R-14 (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 Eighteen, LLC, (collectively referred to as "Developer"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: REeIT ALS 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 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 Neighborhood R-14. J:\EngineerlLANDDEVlProjectslOtay Ranch Village 210R813F V2 RUSSIA R-J4 date 9-J4-07.doc 1 9-33 B. Developer and/or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 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 Neighborhood R-14 ("Final Map") as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. Developer understands that subsequent final maps may be subj ect to the same security, terms and conditions contained herein. G. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: I. For the purposes of this Agreement, "Final Map" means the final map for Otay Ranch Village Two Neighborhood R-14. 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 Eighteen, LLC, 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. 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. J:\El1gineerlLANDDEVlProjectslOtay Ranch Village 2\OR813F V2 R14\SSIA R-14 date 9-14-07.doc 2 9-34 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 Eighteen, LLC, 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 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 Gnest 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 J: \EngineerlLANDDEV\Projects\Otay Ranch Village 2\OR813F V2 RJ 4\SSIA R. J 4 date 9-14-07. doc 3 9-35 acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the 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 sl1ch lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii) conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 3. Condition No.1 - (General Preliminary) In satisfaction of Condition No.1 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 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Village Two, Three and a Portion of Four Sectional Planning J: IEngineerlLANDDEV\ProjectslOtay Ranch Village 210RS] 3F V2 R] 4\SS]A R-] 4 date 9-] 4-0 7. doc 4 9-36 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 modity 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 indemnity, 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, and Second Tier EIR (EIR 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 J:\EngineerILANDDEV\ProjectsIOtay Ranch Village 210R813F V2 R141SSIA R-14 date 9-14-07.doc 5 9-37 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 furtber 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: (I) 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 furtber 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. 10 of the Resolution, Developer hereby agrees to comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of Planning & Building. 12. Condition No. 11 - (Environmental) In satisfaction of Condition No. II of the Resolution, Developer hereby agrees to implement, to the satisfaction of the Director of Planning & Building and Environmental Review Coordinator, all environmental impact mitigation measures identified in Final EIR 02-02 (SCH# 2003091012), the 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 with all applicable requirements of the California Department of Fish and Game, the California State Water Resources Quality Control Board, the U.S. Fish and Wildlife Service and the u.S. Army Corps of Engineers. Developer furtber agrees that prior to any activity that may potentially impact biological resources, such as J:\EngineerILANDDEV\Projects\Otay Ranch Village 2\OR813F V2 R14\SSlA R-14 date 9-14-07.doc 6 9-38 clearing and grubbing, the Developer shall comply with 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 the Resolution, Developer hereby agrees to apply for and receive a take permit/authorization from the U.S. Fish and Wildlife Service and California Department of Fish and Game, or comply with the approved City of Chula Vista MSCP Subarea Plan, if applicable to the 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 the Preserve Ovmer/ Manager (PaM) and any lien holder, an easement restricting use of the land to those permitted by the Otay Ranch Resource Management Plan (RMP), to the paM upon the recordation of each Final Map for an amount of land equal to the Final Map's obligation to convey land to the Preserve. Where an easement is conveyed, the Developer agrees to provide subordination of any prior lien holders in order to ensure that the paM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Developer shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the paM 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 paM. The developer further agrees to maintain and manage the offered conveyance property consistent with Phase 1 and 2 RMP guidelines until such time when the paM has accepted the conveyance property. 16. Condition No. 20 - (Noise Barrier) In satisfaction of Condition No. 20 of the Resolution, Developer hereby agrees that 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 that interior noise levels due to exterior sources will be at or below 45 CNEL. 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 J:\EngineerILANDDEV\ProjectsIOtay Ranch Village 210R813F V2 R141SSlA R-14 date 9-14-07.doc 7 9-39 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 588'h 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 Proj ect, 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. 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 J:\EngineerILANDDEVlProjects\Otay Ranch Village 2\OR813F V2 R14\SSIA R-14 date 9-14-07.doc 8 9-40 Developer shall provide root barriers and deep watering Imgation 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. 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 final fencing design and types of construction materials shall be subj ect 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. J:'EngineerILANDDEV\Projects\Otay Ranch Village 2\OR8I3F V2 R14\SSlA R-14 date 9-14-07.doc 9 9-41 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, 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 J:\Engineer\LANDDEVlProjects\Otay Ranch Village 2\OR813f V2 R14\SSIA R-14 date 9-14-07.doc 10 9-42 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). 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 J:\EngineerILAA'DDEV\ProjectsIOtay Ranch Village 210R8!3F V2 R!4\SSIA R-14 date 9-!4-07.doc 11 9-43 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 finance 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: 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 J:\EngineerILANDDEVlProjects\Otay Ranch Village 2\OR813f V2 RI4\SSlA R-14 date 9-14-07.doc 12 9-44 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. 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. J:\EngineerILANDDEVIProjects\Otay Ranch Village 2\OR813F V2 R14\SSlA R-14 date 9-14-07.doc 13 9-45 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: 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 J:\EngineerILANDDEV\ProjectsIOtay Ranch Village 210R813F V2 R141SSIA R-14 date 9-14-07.doc 14 9-46 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 ofIntent 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. 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. J:\EngineerILANDDEV\ProjectsIOtay Ranch Village 210RS13F V2 R14\SSIA R-14 date 9-14-07.doc 15 9-47 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. 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 J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR813F V2 R14\SSIA R-14 date 9-14-07.doc 16 9-48 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-l site or the R-28 site shall commence construction of the Town Square lot P-l (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. 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 J:\EngineerILANDDEVIProjects\Otay Ranch Village 2\OR813F V2 R14\SSlA R-14 date 9-14-07.doc 17 9-49 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 timeframe to allow processing of the extension. Notwithstanding the time of installation of landscape, and irrigation slope erosion control, Developer shall remain in compliance with NPDES. 65. Condition No. 105 - (Walls & Fence Plan) In satisfaction of Condition No.1 05 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 comer 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 cul-de-sacs where a sound wall is not required. All walls shall be constructed pursuant to Final ErR 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.1 06 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 and 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. J:\EngineerILANDDEVlJ'rojectslOtay Ranch Village 210R813F V2 R141SSlA R-14 date 9-14-07.doc 18 9-50 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 MHO A 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. 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: 1) 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. lll. The detention basin located in Wolf Canyon. IV. All storm-water quality structural BMPs 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, J:\EngineerILANDDEVIProjects\Otay Ranch Village 2\OR813F V2 R14\SSlA R-14 date 9-14-07.doc 19 9-51 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. 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 Horne 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: J:\EngineerILANDDEVlProjects\Otay Ranch Village 2\OR813f V2 R14\SSIA R-14 date 9-14-07.doc 20 9-52 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 assessmentslbonded 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. 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 any one 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 J:\EngineerlLANDDEVIProjectslOtay Ranch Village 210R813F V2 R141SSIA R-14 date 9-14-07.doc 21 9-53 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: 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 J:\EngineerILANDDEV\ProjectsIOtay Ranch Village 210RS13F V2 R141SSIA R-14 date 9-14-07.doc 22 9-54 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 fmancial 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. 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 fmance 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 his/her sole discretion. Since transit service availability may not coincide with project development, the Developer shall install said improvements when directed by the City. J:\EngineerlLANDDEVIProjectslOtay Ranch Village 210R813F V2 R141SSlA R-14 date 9-14-07.doc 23 9-55 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 finance 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 I 26th production building permit in Village Two, Three and a portion of Four, including Otay Ranch Village Two North Unit I 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 fmal 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 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 J:\Engineer\LANDDEV\Projects\Otay Ranch Village 2\OR813F V2 R14\SSIA R-14 date 9-14-07.doc 24 9-56 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 Growth 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. 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 plarming 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 J:\EngineerILANDDEV\ProjectsIOtay Ranch Village 210R813F V2 R141SSLA R-14 date 9-14-07.doc 25 9-57 plans) may require extensive changes, at developers cost, to work done under such early permit. Prior to the issuance of a penuit, the developer shall post a bond or other security acceptable to the City in an an10unt 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. Tbe 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 ofChula 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 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, aligmnent 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 J:\EngineerILANDDEVIProjectslOtay Ranch Village 210R813f V2 R141SSIA R-14 date 9-14-07.doc 26 9-58 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. 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. J:\EngineerILANDDEVlI'rojects\Otay Ranch Village 2\OR813F V2 R14\SSIA R-14 date 9-14-07.doc 27 9-59 101. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 919IO Attn: City Engineer Otay Ranch Eighteen, LLC 2445 Fenton Street, Chula Vista, CA 91914 Attn: Doug Brooks 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 define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. 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 his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Assignablity. 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 J:\EngineerlLANDDEVlProjectslOtay Ranch Village 210R813f V2 R14\SSlA R-14 date 9-14-07.doc 28 9-60 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 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 exhibits 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] J:\Engineer\LA..l\ffiDEV\Projects\Otay Ranch Village 2\OR813f V2 R14\SSLt\. R-14 date 9-14-07.doc 29 9-61 {PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE TWONEIGHBORHOOD R-14} 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: ,2007 [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] J:\Engineer\LANDDEV\Projects\Otay RBnch Village 2\OR8l3F V2 Rl4\SSIA R-l4 date 9-14-07.doc 30 9-62 {PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE TWO NEIGHBORHOOD R-14} DEVELOPERS/OWNERS: OTA Y RANCH EIGHTEEN, LLC, A California limited Liability Company, its General Partner, By: By: Title: Title: (Attach Notary Acknowledgment) (Attach Corporate, Company and/or Partnership Signature Authority) J:\EngineerILANDDEVlProjects\Otay Ranch Village 2\OR813f V2 RI4\SSlA R-14 date 9-14-07.doc 31 9-63 List of Exhibits Exhibit A Legal Description of Property P~gJi:fu of 33 EXHIBIT "A" (Legal Description of Property) Being a Subdivision of Lot 6 ofChula Vista Tract No. 06-05 Otay Ranch Village 2 and Portions of Village 4 "A" Map, in the City ofChula Vista, County of San Diego, State of Cali fomi a, according to Map thereof No. 15350, filed in the Office of the County Recorder of said County, May 26, 2006. p~gAA of33 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 06-05, OTAY RANCH VILLAGE TWO, NEIGHBORHOOD R-14. APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF THE IMPROVEMENTS; APPROVING THE ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS WHEREAS, the developer, Otay Ranch Eighteen, LLC a Delaware Limited Liability Company has submitted a final map for Otay Ranch Village 2, Neighborhood R-14 of a one lot subdivision with a maximum of 165 residential condominium units; and WHEREAS, the developer has executed a Subdivision Improvement Agreement to install public facilities associated with the project; and WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of 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 (ErR 02-02) for the Otay Ranch Village Two, Three and Portions of Village Four. Thus, no further environmental review or documentation is necessary 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 and Portions of Village 4 "A" Map, particularly described as follows: Being a subdivision of lot 6 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. Area: 13.029 Acres Numbered Lots: 3 No. of Lots: 1 Lettered Lots: 2 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: Portion of Anapamu A venue, as shown hereon and said street is hereby declared to be public streets and dedicated to the public use all as shown on said map within said subdi vision. 9-66 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 ofChula Vista the Irrevocable Offer of Dedication of Fee Interest of Lot "A" for open space and other public purposes all as shown on the Otay Ranch Village 2 Neighborhood R-14 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 street is accepted on behalf of the public as therefore stated and that the Irrevocable Offer of Dedication of the fee interest of said lot be acknowledged on the Otay Ranch Village 2 Neighborhood R-14 map within said subdivision are accepted on behalf of the City ofChula Vista as hereinabove stated. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the September , 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 ofChula Vista. Presented by Approved as to form by Jack Griffin Director of Engineering and General Services 9-~1 CITY COUNCIL AGENDA STATEMENT ~f:.. CITY OF =l:: ~ H CHULA VISTA 9/18/07,lteDl-11:2- ITEM TITLE: PUBLIC HEARING TO CONSIDER WAIVING MINOR IRREGULARITY ON THE BID RECEIVED FOR THE "EUCAL YPTUS PARK SECURITY LIGHTING (CIP NO. PR-288)" PROJECT PER CITY CHARTER SECTION 1009 RESOLUTION WAIVING IRREGULARITY, ACCEPTING BIDS AND A WARDING CONTRACT FOR THE "EUCALYPTUS PARK SECURITY LIGHTING (CIP NO. PR-288)" PROJECT TO PALSONS ELECTRICAL SERVICES, INC. SUBMITTED BY: DIRECTOR OF ENGINEERING AND GENERAL SERVICES ~r REVIEWED BY: CITY MANAGER ASSIST ANT CITY MANAGER ";> I 4/STHS VOTE: YES D NO ~ It is recommended that the public hearing be cancelled. Prepared by: Dick Thompson, Sr. Building Projects Supervisor, General Services Department M:\General Services\GS Administration\Council Agenda\PR288 Eucalyptus Park Lighting\PR2884 Rev 082907.doc /o~/ CITY COUNCIL AGENDA STATEMENT Item No.: Ii Meeting Date: 9/18/07 SUBMITTED BY: CHARGERS STADIUM SITE ANALYSIS REPORT DIRECTOR OF PLANNING ~D BUILDIN~ CITY MANAGER . / Mt!L- ASSISTANT CIT~~G~R c; j ITEM TITLE: REVIEWED BY: 4/5THS VOTE: YES NO X BACKGROUND On May 9, 2006 the City Council unanimously voted for the City of Chula Vista to have initial conversations with the San Diego Chargers on the potential for a new stadium site for the Chargers in Chula Vista. Over the proceeding several months meetings were held between the City and the Chargers. The San Diego Chargers have expressed a continuing interest in working with the City toward identifying potential sites for a stadium within our city. On December 19, 2006 the City Council created a sub-committee to take the lead on exploring potential stadium sites in Chula Vista. The Sub-committee consisting of Mayor Cox and Councilman McCann have played a lead role in interfacing with representatives of the Chargers. In order to conduct the stadium site analysis, expert consultant assistance was necessary. Planning and Building staff conducted a formal consultant process (consistent with the requirements of the Municipal Code), which resulted in a recommendation to hire Cooper Robertson and Partners. On January 23,2007, the City Council approved the contract to prepare a stadium site feasibility report. The Chargers have paid all costs associated with the consultant's work. Cooper Robertson is uniquely qualified to have prepared the report since this firm has prepared similar studies for stadium sites throughout the United States, and also has prepared the Chula Vista Bayfront Master Plan. This combination of relevant project experience and local knowledge made them ideally suited to prepare the study, as well as the most competitive firm 11-1 Date, Item No.: II Meeting Date: 9/18/07 Page 2 of 3 during the consultant selection process. It is important to note that Cooper Roberston's proposal was the least expensive of the three proposals received. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the Califomia Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That the City Council accept the stadium site assessment report and provide further direction as needed. BOARDS/COMMISSION RECOMMENDATION N/A. DISCUSSION Cooper Robertson and Partners completed the site feasibility report pursuant to the requirements of their contract. This analysis included the evaluation of potential stadium sites relative to operational issues, physical constraints, and policy issues. The firm will be presenting the results of their findings at the September 18, 2007 Council meeting. In accordance with their contract, a site feasibility assessment report has been prepared for Council review (attached). The purpose of this phase in process, is to identify the potential feasibility of stadium locations. An actual stadium project is not being considered at this time. If the City Council decides to allow the Chargers to further explore the feasibility of a stadium project in Chula Vista, the Chargers will need to identify one of the sites discussed in the study as appropriate for more detailed consideration. The Chargers would also be required to submit additional deposits to the City to cover all staff/consultant work needed to conduct more detailed conceptual site analysis. J: Ip lanning\SteveXP\chargers. staff report. presentation. doc 11-2 Date, Item No.: \ \ Meeting Date: 9/18/07 Page 3 of 3 Pursuant to previous City Council direction (January 23,2007) any Chula Vista stadium proposal would have to abide by the following principles: I. Include extensive public input 2. Have extensive public review of its design 3. Not involve existing City ofChula Vista general fund monies (new monies generated by the project may possibly be used as an incentive) 4. Not create either short or long-term fiscal deficits to the City 5. Identify environmental impacts and provide appropriate mitigation measures 6. Identify financial impacts and benefits to Chula Vista 7. Blend in with the character of the community 8. Give attention to the area surrounding the stadium complex 9. Not be detrimental to the Bayfront Master Plan 10. Not be detrimental to the future University Master Plan DECISION-MAKER CONFLICTS: Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations Section 18704.2(a)(1) in not applicable to this decision. FISCAL IMPACT There will be no fiscal impact to the General Fund from this contract. The contract has been paid directly by the San Diego Chargers through a deposit account. Staffing costs are also being paid for by the Chargers. ATTACHMENTS I. Stadium Site Feasibility Report Prepared by: Jim Sandoval, Alep, Director of Planning and Building, Planning & Building Dept. J: IF lalillinglSteveXPlchargers. staffreport. presentation. doc 11-3 11-4 ::j (J) ~ ~ =l " <1l f Q m ~ r " )> - 0 " -,., ::2 ~ 9 )> ;- ~ c:: !:( Q;- ~ :s (J) Co. (J) OJ , "TI ~ 0 ::l:l l )> ::2 m :1E C1 ::I: )> ::l:l G) m ::l:l (J) (J) ~ c c S CflO!lel', Hnh('rlRun & Pllrlner:s ilrcllilrrllrl'r. UI'I)(IlllJr.~i!l" Table of Contents Summary 5 Introduction 7 NFL SladiurnTypes 8 NFLSladiunl Requiroments 10 Planning and Design Observclliol1s 11 Assessment of Sites Potontial Siles in Chula Vista 17 Land Use Compatibility 18 Land Features ClndTopography 19 -- Utility Infrastructure 20 LO OperetionClllssu0s 21 I ~ Policy Issuo$ n ~ -- Additional Revenue IS5UGS 22 Matrix EVfllualion 22 Most Promising Sites CompariSOIlS 23 SlImll1aryMatrix 25 Access and Circulation 26 Mass Transit 28 Parking 30 Environmental EvalUcllions 33 Gcmmal Noise Assessment 41 Conceptual l1Iustrations Bayfront Site 46 O!;lySile 48 Site Ana;",is hr A New St"di\lnllor the Charner~ S~Dt~ml'cr 2007 " I c ~ 11-6 en o 3 3 . -< v 0 , ~ 3' , ~ ~ ~ , > ~ "- if; ~ ~ So ~ ~ ~ ~ , ~ " , " , , ~ (5 , '. ~ " .. 3. , ~ " , ~ g 0 ~ ] ~ 0 "- '~ "- ~ :r: '. '" t [ " " " ~ " :::: ~ Q 0 ;; $ 'i , Q , ~ g , 9 ~ , " e '. CO' " 0 , g 5 t ~ " 9 ~ '0 " " ;; g Q Q Q % Q 3' , :l;; Q ~ "- i "- Q ~ g ?i ~ " " " , 0 '. n n g ~ ~ 0 ~ , Q 0 - ~ Q ~ Q , 0 g ,~ g c ~ Q .~ ~ 0 ~ , n 0 " "'" < " " " ,"- ~ 3' " Q ~ 0 Q , , , , i:! is 0 - 0 ~ . g " Q " " ;; 0 Q " 0 " ~ " , ~ c/, a > Q a , S- a ~ ~ ~ :< ~ ~ :< ~ . ~ " " Q " . ~ . " " . ~ '" , ~ " ~ . , 2. ~ ~ Q a " ~ c - , ;;;. '" '" ~ a 2 ,"- ~ ] Q ~ " Q C " ~ ~ , ~ ;; c . Q ~ 3' "- 0 0 ~ ~ .~ ~ > a a "- & ~ ~ ~ , " , , ~ 0 0 ~ v, ~ g Q a ~ , Q a 0 'i) 0 0 ~ " ~ Q S' ~ 0 ~ a " ~ ~ t " " j , g , ~ a , ~ ~ Q ~ j ~ > " , ~ " Q 0 C;j ~ ~ a ~ 2 Q 0 Q , Q , ~ ~ 2 0 ~ g , % 3' c g ~ Q , ~ " c . " . ~ , ~ , Q ![ ~ Q a 0 '- ~ c ~ c a , a g. '" " " ~ , " " " Q , Q 'i' . 0 ~ 9 a ~ , . , Q a " g " Q , , a ~ ~ > ~ " is " ~ m " , . . ~ " a <.3 " 0 ~ " ~ , il . , CO' > ~ g ~ > ~ . c ~ "- , ] c g Q 3' " Q C , ~ ~ 3' a [ c Q (:j ~ ~ " " ~ '. a Q C ~ 2 ~ < ] il , " a :;:l ~ Q , 'i 3. ~ a > Q , C " ~ ~ ~ ~ ~ 8 " i- Jl " 3" Q ~ 9 ~ ~ a , " . , 0 Q " '2 , .;; " > Q Q , , i,? a , ~ ~ ~ a '0 "- ~ ~ " ii" " , ~ g ~ a " " a , , , , ~ " ~ ~ ~ " ~ 2 a ~ Q ~ " > 0 " ~ 0 > 0- ~ ~ < , g. %: ^ ~ , Q , G ~ g- o ~ ~ , "' a C ~ g- o ~ ~ 8 Q ~ . " . , , Q ," , , 5 ~ 0 "- 0 ~ a " 2 " c a ~ , a 0 ~ ~ ~ ~ . 0- , , . ~ , ~ 15. , a " " . Q a c a ~ Ii- , , 0 ~ Q '" ~ is " a ~ ?D , 5 , , @- 02 a ~ " " , ~ ~ a :0 " Q , rn , " , ~ . is :;<; , . $ a " 0 " , ~ Q , ~ '0 '" ~ a " a , a Q , a " , a " ~ ~ c 5 " Q 0 ~ ~ < (3 0 a ~ ~ "- " " ~ " a ~ ~ "- " 'i " ~ a ~ ~ , , " ~ ~ '0 ~ 0- Q "- " , " ~ s. " < Q ~ < " ;:; ; 0 3 . 0 " , ~ J ~ ~ ~ " a , Q ~ " Q , a [, , , a a ~ " '0 ~ ~ g ~ Q n 3' ,. ~ ~ " a 2" it , a a 0 > a Q 2. g , , a 'i , 0 , " " i- a !Ii 5 3' Q " , a , '" 0 a ~ ;; ~ ~ a <0 ~ ~ , , " a @ a ~ > ~ a , , 0 Q 0- ~ ~ ~ g . ~ ~ a <S.: a Q ~ ~ '" S ~ i? " ~ ~ , i 2P Q < , ~ Q " " g ~ 2- 3 a " , , " g a ;; a ~ < , " ~ a .03 " 2. ~ ~ ~ ~ ;; ~ [ , a , os- ~ , ~ a , 0 ~ ~ " '. ~ ~ ~ W ~ ~ a ~ " ~ < " , m ~ " , . . ~ Q a ",. 11 ~ ." " " " ~ ~ ~ "- ~ :; ;; , " '6 , 0 , 2' b' 0 ~ 2 a a a " ;. a ~ a !i " . ~ ;: ~ , ~ ~ " 0 ^ ;;;- ~ Q 3 ~ - iti ,~ ~ a 0 ~ " , a , '" ~ g " ~ ~ " " ~ ii' Q ~ ~ ~ ~ " 0 3 ~ 0- " ~ 0 ~ l ~ 0 a , " Sf a , . . :; a " " Q "=" ~ ~ :3 ~ .~ ~ , ~ ~ " ~ a '" , ~ ? ~ :; ~ , ~ c . " , " "- ~ Q ~ "- [ , 1 1 -7 J. ? 0 , ~ :;; s ~ ~ 1i . , ~ ~ ~ f 0: , Q , ~ 3 ~ ~ t;r ~ ^ o o J c o miiii;'~ of;; ~co.~'.lS "0 <tl _n =0$ ~J>~.~a Q ~~@~ ~ ~M ~ ~~ :T ~'~a~'6i o:O;:E 0' '" ao (D ':!!. oar '.,€' ~.~ 0 :e '-.1'-;.- - 9 g ~ ;.2. ~ g: a r& 5- ~.~.~ 9 i; :~l~~ o;~~(D~g~~ ~$ ::l..tl1'-::r:;.~(t1'i~Q "'''' < ~ ~ '" ~ '" ro ~.'" 0' ~.~ ~.'~ ~ 9o(IJo;~ta:~3:>~Y>'l.' ~ [~- ;;: =: g :T ~ ~. ~- ~: * E" is ~ ~ R>- ~_ &'" :;.2: ~ ~ ~. i~li~~l'~i~'~s ~ 0; ~ 0; ~ ~ 5'~ ~ '" re ~ ~ ~'oc~~iJ:~_o:;.~""'g~ g m -0 9 :: g j' ro ~~ ~, g ~ O'~ ::J, Q ~ '" 0 -t- 9, ~ '" '" --. '" -0 co; ;::-.0.':< -::r c 0. ::o~re[~[g:~'g~? ~ g n. n' _ ~_ g ~ -::r Ul.g, -~.g rr: ir-;j 0-, ~_ '" ffig'~ g~.@;_~~_~::r ~~og.~[gii~o'" , g: 51 ~ ::E ::> -. * ~;;: =; I,/J 2,$ ~: n .. ;=.' '" ~ -< "- ~ ~ ~ g ~ :='0 S' ..., QS ~: m~ ""3" ~~ '" -~ . n~ ~~. 11-9 ~ ~ [!:l. ~;;; z Ili[i. ?l IHH ~ ~~~'::~ 3 it~i~ ~ o cr ~:l "'C ~ _~ ~ ~ (f) U> .J , ~ , 11-10 ~ > ~ c t l. c g ~ :t , ^ I , f , , " , ~ 11-11 NFL Stadium Requirements Urban Integrated Stadiums AVGragcSladiumAcreAgc: 19.6 Avcr2lge Non-Stadium Acreage: 46.0 Average Total Acreage: 65.6 Shared parUng with other uses reducns the total land area rcquirrd Shaf!;cl pilrking increases the !lbility to integrate stildiUltl with Sllrrounding ilfCil Best Practices . ~JFLfranchisesattrClcllargeaLldiellceson game day Milnilging Ihc experience on game day helps generate excilement and conlriblltes to tho spikes in revenues lor the loeill economy. Properly mflnapillg tile experience on non-game d8yS helps generate revenues vcarround find contributes to 1011g-lorn1 investment in theregionalecol1oll1Y " Waterfront Stadiums AV()tilgO SlarliUnl Acreage 25.5 Avorago Non-SIFl(liUlll Acreage: 48.75 Aver<1go TolillAcreClge: 7725 Structured pMking provided on-,;jto reduces tOlalli'ln(1 ilrea required and increases dovolopment costs Waterfront views provide 1t'<lSO prcmillllllllS which may off-set increilsed oevelopmcnlcosls . Forwilrd thinking in sporls developnwnt plar.cs a premium on integrating lhe v8lluf'inlo its sellill\J. whelher at the edge 01 "city on a vvalerfronl 0 rinthemidst Ofil city as urban infill or ill il p;lrk as pilrlofaset of recreational oflerings. These n8wvcnues fOCLlSOl1lheexperienceinth8pllblicre,1lmillldinsodoingprovide a framework lor athor IHnd owners 10 participate in future development N ~ Isolated Stadiums ~ ~ AVEJlilgeStadiul11 Acreage: 25.5 Average Non-Stadium Acreage: 142.1 AveraW~ TOlnl Acreilge: 167.6 All surface parkingdedicatcd for stadium use requires 11", \)"calcstl,:md :')W,l Oedicatedsurlaceparkingplacosstiuliumlllisol,1lionwilllsulTounclillg,)reCl . Glorypmk in Arlington. Texas. Atlantic Yards in Brooklyn. Amelican AirlinE'S Arena in Miami, National Ballpark in DC, Call1don Yaf{1s in BClltimore iwd Peleo P,nk ill Sill1 Diego are examples of sporls velllles inlegratecl with lho surrounding coni ex\. The venllE'S are helpinG to spur a higher quality oJdevldO[Jnlenl ill their districts ", 0 "tI ~- ~ z n " ;;; ~ ~ m g; ::l m m 2 , :; " ~ 0 0 ::l f , " <; S " :i" ~ , ~ TI ~ 6 <C 3 " ;c Ii 0 < '" Ol " w - ro , ~ 0 w .< z 3 ::l " " ~ ~ 0 m U> c.. f t w a. '" m '" if 0 w C' ru en ~ "" ~ n S- O C ~ 0 0 3 ciS c- o ~ w 0 '" CD , u 0 [ ,,- c;:; "- '3 S!.. '< '" , m if ciS cE' D w 0 ~ ~ 0 ~ if m < en CD 0 :0 0 ::l "- ~ < ~ c '" ;; ro , " co 0 5 3 ~ " 0 0 ~ ~ " 3 ~ 0 G) C" .:;; 0 ~ m 0 ~ u ~ 0 ~ "- '" '" " w 0 3 CD ~ 0 n W '" ... ~ < ~ ~. 0 ~ ~ '" 0' - '< " ::l 0 " '" :? .~ ~ 11-13 if [1 i' " 6'5= ii ~ . ? ~ o ~[ ~, ~ 11-14 I I Q 1 g. I~ [ ; ~ :l> C'l ... ;C' ;:;: -< In ,- '" E, ~ r Q: t i S' t , CQ > 3 z ,. ~ 0 ~ " ~ f co ... , 'f :r Ol ~ ~ 0 Ol " i] > ~ Ol ~ c.. c' ~ ~ ~ In ~ E, Q: " S' 0 CQ Ol "'C 0;- n co w 11-15 " 11-16 CJ <1l :i' co ~ ::+ o - ., " 0; n (I) " )> ,. ? III ~ III :f CD ~ iI, 0 III III ~ 3 ~ , =r " CD :j 0 < - r+ ~ 0 r; - ~ VJ ~ , ;::;: CD - III '" ~. 11-17 3 (:ouper, Hnherl~"n &.l'll.rtnel'~ ,11..Jlilrrf"I"C, [..'11)(111 ]}rSi!/li Potential Sites . Site A 1139 acres) is bound by San Diego Bay to Il1e west ,111d SClY Blvrl,aservicoroadparslleltolnlNstate-5, lothceaslandissilualcd betwe€!Il J and Naples Streets.ll is one mile in length, irregular in configufslion and 1.735 feel i3t its widest poinl, A stadium could be positioned easily in the cenlCf,oral eith8f cnd with less room 10 maneuver . Site B (22 ilcr[~s) i" 10caterl adj'3r~Ollt 101-5 ill10 Bily Blvd tJelwcon Palolllar iOlld Anila Slreets, lL hilS ~ reverse "p"-shape, and IS 11iHrr)W 1400 fCQt on Clveragc, 576 fpet fll its widrst) "met a hall.t11ile long A sladium could not bo accommodAted within Ihe bOLlIlds of this sile, Addilional land would neod to he acquirodtomeet Iheminirnu In dimensiol1 and cOllfipuraliol1 nocossMy. 1-5 conslrains SilO 8 to Ihe eilsl ilnd Bay Blvd COllslraills it 10 Ille west, Adrlitionillland would need 10 be found wesl 01 tha sito by brOClehinQ Bay Blvd TI10se lands f1fecurrcntIYlls()d forsillt()vapori3tioll_Sit08isColl1prisodo! 12SITlilll pilrcols, Gaining control of all Ihe Pilrcels wOllld pose a challpr1ge Adding more land 10 th{~ west wOelld be ,) greater challenge Site 8 is notdnemQ[1 10 be a ,tiahlo canclidatc ilnd,thereforo, is dropped fr om furtherconsidelation ill this study. . Site C (tJO acresl is localed 7,5 nlil05 Illlilml Ironl the BClY in Ot,l\/ Ranch, and lIanks Slille Route-125 south 01 Rock Mmll1taill Road /11\111\0 ParkwilY The site is reflulflr in shape with din18llsions of approximiltely J,0001. feet by 7.000_'_ leet, A sladiulll cnuld l)(' accomrnodatod easily on this si\o . The four polelltiill <;il~lS ar8 idontifi0d CIS Sill'S ^ G, C and D Ihl1 firsl tesl. of fOilsibilily i,~ parcel silC! and conliL)uril(ion to delerminn if a sln(lium would fil on the siles, A 72.000"snat sladiulll, thl1 maxirnunl capacity for Super Bowl events. would no)ed an me", of 75 acres to accornmodalE) Ihe foolprint of ils slruclura as well as a smvice apron_ An NFL stadium, generally ovoid in sllape, does not require a particular orientation,although north/soutll is of 1011 used . Site 0 1:;00 acres) IS localed 1 nlilc due east of SFl-12ri <'11011(:1 HUl1le Parkway, Its Irtcyular sllapc is (Iescribod hy the con lOurs of n<1lurill landforn1atiolls on lhe southern and eilslern eclges ollc1 t11e Euclicii;,lll geomelries of Hunte Palkway to the north and ownQrship 11101(:5 al1(1 bounds to Ihe west A stadium could be accommodated reildity 011 Ihissito. a> ~ ~ ~ Sil" A"illy."" lor il New St"~il"n lor (h" CI""(Je'~ Seplemb"r2007 " R"yr,,,'\t ".- ,ll>' " -- ---..-...... ._-~..-._._-- _.__..~--~ Land Use Compatibility SiLo A is (:omprisod of Iwo parcels which con lain the South BiW Power Plant and structures for its operations. induding storage tanks, IdY down ilreas. tr;Hlsformers dlld l1igh-tr2lnSl11ission distribuLion lines, Light industrial use~ me in Ille inlmedi,,18 vicinity west 01 1-5. An 885-slip millinil is localed in Chula Visla Bilyfronl Park ilt lhe northern edge of Site A. The Chula Vista Wildlife Refu(:Je (dosed to the public! is lo~at"d in the Bi'lY .'md cOllnecls to Site A via a narrow earthell pathway. Current zoning dr.signalionslor the arEla describod withill the City's Gellt)ral Development PI<ln inclucle energy utility u~e. residenlial and RV USlC as well as ecologici'll buffers ;'ind opell space, f'ulure devclopm{~nt as desnibecl by Ihe Chula Vista 8i'lyfronl Milsler PICln envisions an expanded marini!, retail and office use ilS well as open space, A stadium would iii well wilh the Iransforming vision ollhe Chula Visla 8ilylronl Master Plan. The inlent of sever,,1 planning if1l\iatives in Chula Visla has bcell to provide grnillcr public access 10 the wilt8ffrOll\. A stadium is a POPUI"f plilce 01 public Clssernbly, A sti'ldilllll iltthe Bayrront would cnalJlo a li'irgc number or people to onjoy the willerfronl Large-scale performilnce events could be progral111l1ed in off-seClsolls 10 continue public enjoyment of th0 silO Ihroughout the year, Ini'lddilion, the synergy betweel1 retail and stadium use is a strong attrac!lon lor conSUl11ers and game I<lns. TI10 two uscs brO;'id"n f'fich olller's customer base The games are destin"tion ever1[S 1I1fil bling potential customer,; from the regiOll to tile area severaltimos il yeilr and sl-Jike spencling in tho local economy, Local rei ail {rostaurilnts. bclrs, sl,ops. ele) providos a wider spoclrum of i!clivities <lnd offerings lor game f;'ins to rem<lil1 ill the area longer and, thus, increase potential spending Sports venues !I1al are well inlcgrilted within a mixed-use cont8xt oflen help SpUI a higher quallly of developmenl in the surrounding area Pelco Park ill Sail Diego, Camden Yards in 8allimore, and Miami Heat Arena are examples 01 such developments. o N I ~ ~ Siles C and D are in the pathw<ly olfulure development moving southward from Otay Villilges Nine and Eleven and Otay Ilanch Town Center at Olympic Parkway. This developmenl is primarily being done by private sector agents. Village Seven. envisioned as a predomirlately residential developnlCn1. is pl<lnned for area immediately north of Sile C. A 50-acre out-parcel in Village Seven conlains VORTAC. an airplllne tracking device. Site C is seen as \Ile loc<llion lor Village Eight in the Otay Ranch General Development Plan, A 200-acre mixed. use developmont known i;lS the Easlern Urban Center is planned for the area northwest o( Site D. EUC is to contain 35 million square feet 01 business, rctailand civic uses and nearly 3.0ao dwelling lInils. The City is working 10 dovelop a campus lor live Iligher edUCiltional institutions as well as a technology I-J<lrk on 500 acres 011 Site D. Further east is the 15rJ-acre Olympic Training Conler whidl opened in 1995 as Ihe United Slales Olynlpic Commillee's only warnHNeather training center, NCilrly4.000 illhleles train at the center each year TI18 Otay Valley Regronal Park. a greenbelt sySlem which encircles the City, is localeel due south of Slles C awl D. A stadium would be compatible witlllhe nlix of ofleril1gs planned for the Otay developnwnls. There is a strong pot~ntlal synergy between a ul1lversityltpch pelll<: campus. the Olympic Training Cenler cmrl a stadium, parlicul,lrly regarrlrng off-season use, A Sladium arlj<lcenllO the Illixeel-usc devclopnwnts would prewicle additional recreational options ilS well as generate a significi'ln\ volurne of potential customers to support plamle(llelailllse if' T"p'.~""hV UIJ'"SpnccSv",,", = = t:O\I!lf'r, Itoherl.!'tlll & l'llrlllf'r~ .!ly./iirrc!WT. Ul"/Jnll D"Ni[l1l Land Features and Topography SilO A is a level site witll eXlensive visibility from Ihe elevated freeway \0 the east and from boals in Ihe Bay Clllmp5 of trees line low berms lO form minor visual buffers to the Power Plan\ from Bily Blvd, The Power Plant is Ihe largesl element onlhe horizol"l looking we;!. Looking easl frOlllthc Silver Slrand across the BAY, llle f'ower PIAn\ is dwarfed by Ihe silhouette of the moulllaills. The greatest "'ll,ibute of Site A is its opalll"lesslo the waler al1d the sky A stadiulll could eilsily be constructed on the level tcrrilin of Site A Tho high waler table of the sileo however, would require 111(; stadiulll to be elevaled which would increilse opportunities for oll-sile pilrking and servicing provisions_ The design of the sladium could feilllHC' 10 great crfec:llhe view of Ihe Bay alld the ocean beyond In addition. a dock could be designed to provide boat access to the sit~ Icnding an extra dimonsion of excitement 10 gamrl-di'lY arrival and pre-event entertainment. The primary impedil1lellt is the removal of the Powl;r PI,II1\. with its allendi'lnt approvills. timing i'lnd clean'lIp issues. to prepilre the site for stadium use ~ N I ~ ~ Sites C i'lnd Dare siluated in the toolhills 01 the mountains, The terrain rolls southward 10wards the Olay River Valley willl stream channAls defining broad mound.'>_ The rJynarnie topography is made more apparent by the absC'nce of trees and by lhe scrllb brush whiclllies close to the ground Tllme arc sweepin>l vislas ollhf) mountains and undeveloped land to the soulh and easl The un pet of low-rise reSl{lential devel- opnlcllt is in view te the west 2Indnorlh A significant "mollnt of cut and fill would IleecJ to be done 10 prepare a srte level enougll and of appropriate dirrlensions for;J slildium Ol1e!'> complelod. there would be ample space 10r;J stadium as well as 01 her ancillary devclopmenls to activate the sile throughoul the year, Slmilal 10 il Bayfronl silo, a stildium coukl be designecl to fealure dramalic views. In addilion. lhe grade chilnges provides opportunilies to enlbed the structure JS well i'lS parking into the earth 10 help mediate scale changes between a stadium i'lnd its surrounding GOlllext Site AnalySIS 1m ~ New Sr~d'u'" tn' Ihp. Ch~rge's 5eplel11he, 2007 I ~) - I!.'lVI.",,' l....... o"v '" Utility Infrastructure Using the ilssumplion of 72.000 patrons, the largest demand load for regular NFL games and Super Bowl ovcn\s, defined Ihe following cslill1illcnamounls . Mi1~imUIl1 flow rale is 9,360 9<1110115 [lor minute . Willer 1153g0 for the s\i;ldiull1 over a 3,5-hour period produces a water use of 5,145 gallons per minute At tile Rlyfront s,lIlitary and industrial wasle water would be discharged into "Ill eXisting City of Chula Vi~tCl sewer line which is IOCJtcd wilhlll the right-of-way of Bay Blvd, Sewer service is proposed to be linked through a 1,000 linear foot extension of the existing 7Z-inch trunk hne localed at the inlerSCCliOll of Bay Blvd, ,111d L Strcet. Site A would be serviced by i1n extension of a 20-mch sewer line for a distance of 0.2 nlile for ~n etnlidpalecl cost of $127,000 Wetter service would be connected to a 30"inch trunk line located at the intersection of l Street and Scconct Avcnu(.'. The extension of the 20-inch water line at an estimated distance of 1.3 miles is projected at a cost 01 $725,500, Natural gas service would be provided by an existing San Diego Gas & Electric (SDG&E) high-pressure gas lines localed near Bay Blvd and K Street within the SDG&E easemClll which parallels Bay Blvd. The phased electrical is proposed througll an extension of existing SDG&E lines fronl i'ldjacent developeclareas (/) At the Otay sites. sewer capacity for a stadium would be provided through expansion of the Salt Creek interceptor treatment plant. Sewer service would be provided by a 21-inch line connecting to the Salt Creek trunk line. Using Sites C and D as references. the extension of a 20-incl1 sewer line approximately 1 mile is estimated to cost of $620.000. Water service would be connected 10 the 20"inch Irunk line located on Hunte Parkway. The extension cfthe ZO-inch water line at a distance of 0.5 mile is estimated at $264,000, The phased natural gas and d(n:trical $'~lvir:(J is proposed to br. provided through extensions of eXisting SDG&E lines from adjdcent devolopecl arcas N N I V"lid<'ltion of availflbilily of 1ho sanilary. water, gelS and electric services will need further anellysis ,lIlet evaluation by service providers for a cornplelo dolivNY systom 10 tl1(J stadiulll devcloplllcnl Prires lor installation arc based on the City of San Diogo lalld Dcvelopnlont R8vir;w Divisioll Unit Price list J3llu,1ry 2006 ~ ~ <1' Cooper, Roberj~on & PRrtnerl< AI~'I!ikd'I"f> U/"1WI! lJrsiy" Operational Issues Site leafiibility is closely related to fllnr;;tion; how well can an environment support a use to opmate al ils 1110st efficient cllld produclive level. With an NrL slildiunl, two sets 01 IUllclions Ileed to be considored: gilme day and non-game day. For ganlc day, the prime concern is rnanagillg the palronexperience NFLlranchiscs attract 18rgeaudi ences, Getting people (Ians, sponsors. media. concessions. servicel tothe site flllri dispersing people Irom the sile at peak volumes is a key IClclor in site selection. How parking is provided is another driving factor Managing tho expcriellf:e on game day helps generale excitenlent and contributes to spikes in revenues for tll0 local economy Properly managing the expmience 011 non-game days helps generilte revenues year-round and contributes to long-Ierm investment inlhe regional cconomy Front-ol-housc issues such as parking. circulal.ion. waylinding. concessions, and soating (special and regular) arc pflmilrilydesigll issues thdl are not directly inllual1ced by the particulars of ., site. with the exception of parking provisions which will be examilled soparately, Parkin(-) also relates to the Ian experience of tailgating. an organicillly growl' avant now ritualized and due speciill attention in luture plannin9 ane! design efforts, Front-ol.houso issues are alse independent 01 season but are tied \0 program and 5ci'lle Back-ol-houso Issues related to playar. administration, maintenance, sPrvi"e and media requirements are also design issues and not dependent on site conditions. other thilll infrastructure c8pacity, In Ollr assessmont. !-lach potential site can handle the operatiollal needs 01 a stildium in 5885011 Differences begin to Dn1orgeinlookingat non-seasonal use as well as non-NFL use Whonnot in use by the NFL team. the challenge becomes how flexibly the stadium could flccornmodate other IIsers or other uses Durin~l the season, the stadium could be a venue for Olhor sports such as soccer, lacrosse or field hockey, This is a neutrallactor across all of the potential siles. Througlloutthe year other programs could be considered such as music conceTls. laill1 assofllbli(~s. carnivals or lairs Each site would be ablo to support 01 her programs. however. tlle type 01 ancillary developnlent nearby the stadium would influence now successful non. NFL programs nlay be alld Site A nlay have an advallt8ge over Sites C and D in this regarcl. There i~ all existing context of uses as well as potential customers nearby Site A east of 1-5 with more to come as Bayfront developnlent comes en line. Allhough developn1ent is coming in five 10 ten years. Site5 (il\Hi D sit in isofatioll now C') N I ~ ~ Non-seasonalnoeds such as lraining and administration laciliiies arc paTi of srCldium operation concerns. but not conlral to them. Tl1ese can be localod elsewhere as needed Fromtl1at viewpoint. Sites C and D have an adv8ntage over Sito A There is a potential to ~l1are filcilities witll the future university/tech park development on Site D er the existing Olympic Training Center to train plilvers throughout the yeaL If such illl ilrrangement is not made. there is ample spflce 10 accommodate a training center on Sites C or D. Site An"I\'31~ (or " ~Io": St~rl"J") lor the Cho'W"o S~pl"rnher 2(X'1 2r " Policy Issues ThNC arp. severallactors c)(lotll~llo (11(1 inherent characteristics 01 (lny :;ile which influence site feasibility Clno ultimately, devdopmOlll land Qwnership, developrmml agreements, public policy. regulatory oversight procedures and public SlIpport. Sites A, C fine! 0 are owned I]V few ontities which makes negotiating simplor lor conlrol 01 polontiill sites for potential stadium use Chula Vista is;) \1fOwillQ city and hClS policies in place to 8ddress ;'lnri manage its growth Agreements have been reachecl on open space allcl environmental protection policies III Olav to GrcCllo a fairly prediclilhle sel 01 procedures for developers to secure approvals frOIll city ilgem:ies The overlapping jurisdictions of the City and the Unified Port of San Oi~go complicate mailers on the Bayfront. In addition, the California COClslal Commission retains coastill developl1\8nt \.Jermit authority, ilnd Ihe California Public Utilities Comnlissiol1 and the California Energy C0l11mission oversee issues witll the Power Plan!. The multiple jurisdicliolls imd ilgencies create an unpredictable climate for mapping capital outlays al1d anticipated rGlurns for devdopn1enlln this regard, Sites C and D in Otay have an advantage OVen Site A al the Bayfront Additional Revenue Issues Sites A, C and 0 can support development ancill'lry to st<'ldi\lm US{~ whicl1 will11elp overall economic cOl1siderCltiol1s for the City al1d the Charger~ The nature and type of development would be different 011 eAch given the current and projected context, Site A could well support ilrlditional retail. entertainment, office or residenlial use linked to tho development anticipated to the north along Il1e BayfrOllt Institutional and other sport venues may be possible on the site with the ri(Jl1l vision and design These uses have l'lrgc space demands wiLl1 minirnallloxibility to able to inlegrato easily with tile stadium on Site A Sites C iJnd 0 can accOlllmod,JlC all tile same uses. and more, withOUI mucll difficulty Key to any am;i1lilry development is cusl.on1er base, Sito A is nearby an existing customer h8se that would expand with the developn1entS on the Bilyfronl. Sites C and 0 arc unproven territories with projected customer proliles (studenl~. 8thletes. sl1oppers. office workers 8ml fflsidonts!thalm<lybecompatilllc '<:t N I ~ ~ Matrix Evaluation We organized the various filGlors discussed into a matrix to help assess the four sites. The matrix highlights the rlegree (positive/negativel neutral} 1.0 which each site satisfies iocation criteria items. This ranking translates the qUillitative assessnwnts 01 eil1;h sile into a numllor thi'lt is qU8nlifiecl and compared in an objective mallller agilinsl the other sites This comparative 1001 also provides an instant overview 01 each 5110. Afl{)r tallying all lac tors. we COllcluded Site A and Site D were the most prornising, Site C was dropped due to its inability to link direclly will, the EUC or the future universily/tcr;h pmk developnlelll; in ildditioo, continued VORTAC operillions would inlfuence futur0 use ot the site Further detailed study would be required to evaluate specific impacts 01 particular (Iesign solutions lor future stadium dcvctopmPIl\ In summary, the City of Chula Vista can be a strong contender as the new home site of the Chargers. The City has at least two viable candidates that can support a state-of-the-art stadium as well as ancillary development. 1)_1'1'f('''[ OlaV ('onller, nobert~on & l'afl.ller~ AIl'lrikr/!(l'f, r'I'I>n,1 f)('~iflJl Most Promising Sites . eRP assessed the lour potential sites agilinst physical operational. policy and allcillary development niteri;:! ,md lound Sites A ,melD to be most promiSlng_ Both sites have great potential as well as several detractions for sladiunl developmenl; each in dilferCllt measure. key among thern is access, transil,parking. and approvals. . AcceS5 and transit are readily available at the Bilyfronl and not in plaee in Olav, but comillg wllh development already ill the pipeline P;:!rklng can be handled responsibly ill both locations with a balal1ce of on-site ilnd shared off-site provisions as well ilS by lTlilSS trallsit ridership . The liming for rcguli'ltory Cipprovals and site prepali3tion IS lengthy and unpredictahle on the Baylronl. Till1l1lg IlldY be sllOrter ,md more predicatable for the Otay site . The prrmary impediment for stadium use on Silp A IS Ihe Power Plant with Its ~ltendal1t approvals timing and clean-up is'iUe5 10 prepare the site for (jevelopnlcnl . The Chula ViSla BHyhonl Master Plan wl1ich willlransform Ihe wHterfront could be extended sOlllhward to include stadium dcveloplllclll . A sladium is a poplllar pIHc(-) of public assembly A stadium at \he Baylronl wOlllel enable a lilfge number 01 people 10 elljoy tile waterfront III N I . A stildillm adlacenl to mixed use developments woul\1 provirle addi!iortCllrocp,;,llof1,31 olfelings as well as genera Ie ~ signifi"iml pOlel1tial cusloml'r hil~e to support mlail ilnd enlerlailllllent uses ~ ~ . Ancillary development opportunities around the stadium site would help overall eCOIlOlllic concerns lor the City and the Chflrgers . Site A or Site 0 call hn linked to Ihe city-wide greenbelt system and can ultimately be part 01 a set of recreAtional offerings Within the City . Site 0 can provide direct links and genorale stront) synergies between a univerSity campus, a stadiunl and the Olympic Tr,1inUlg Center . New development on Site A could wr;:lp the stadium with smaller buildings to 11elp mitigate the scale while hunlilllizillq the W;:ltcrSlde e~pericnce for pedC5triiln5 . DynJmic grade changes on Site 0 provide OpportullillQ5 to embed a stadiunl ~trudure as well as parf.:in!:J into the ('ilrth to help rnediale scale ch;:lnges hetween a stadium (lnd its surrounding context . The ullin,atc di5lrnclioll between Site A ilnt! Site D mi1Y ilrguilbly be Wllich setting "all generate tho slrongeS\ marquee vCtlue Our further testing of feasibility focuses on Site A and Site D for this study SilpAITalysi& lor ~ N~w Sladium 10' Ilro(:hi"9m.'> S"rl"n1b~r 2007 " Matrix Evaluations Operational Issues Physical Issues Site A SiteS SiteC SiteD Site A SiteB SileC SiteD GAME DAY r",,;~l s,'~ 0 c. S.'v";~I( " FW;el'>nfl,"''''''~n Mod," " 'M,bh'y S~'''.I,i''1 Ar."%ol\f~b ;,,1*1 fh"", l'nn,,' 1',~1 !"p.,\"nr,h, '/11'1",., ';,,,.,,,,,,,-, \/~:.>"\Ol"'" 11,_,,,,,r),,,.,, f-',,,,,,,y,dc,p" r""''',rIC" "I."" ~'I_"J,,,"'I~,*','" h",k "".11'" j"I,,,,,' 1",th'_1""'" ,,,,,11 1""'0 I."".t,,~,.t^. '" SEASONAL N l"'I'HCC, "v~~\'iN~".Nfll \.'I(,W'; I ~ ~"I"" I.i"...~ 1-.,.,,,,,,..1, ,~I, ~ S~e Key NON-SEASONAL ....k'''...I,.;,'''' 1'"''''''!1 "t<cj,.j"",. " ,\.I,,,,,,j,-,I,"'''''' " -2-. [,.",j C~"', ,~ - ., 4 ., ., " . ., ., Policy, Issues Additional Revenue Issues SheA SiteS SheC SiteD Site A SiteS SiteC SileO l.",.JIj,,, 0 " 0 C,">\"'~loal Open SP""~ 1i~"d~n1J"1 f)ov"'0~'r"~"t '\~,,'~~~'e~\s " 0 E"t~'tal"m~llt 1-'",1,1", ';"1-'''''" " InSUtu\lO"" HJ.A ^'Hh",,~I.Sr'orl' \'~nu~< --"- -'-- < I..bU' U .. . ., .. "~""Jt"v'l\,,,,j~r I Alii <) " 1'''''';;'''''';11'''_'00 ,) ., ., " Cooller, Uobert~ol1 & !'l\l'lnel'l' iln'/riir'dw'f'. Ul'lmll Drsiy" Summary Matrix . Site A Site B Site C Site D Operational -3 +2 Physical -4 -1 r- Policy 0 -2 1 N I ~ ~ Additional Revenue -5 +2 +4 -12 +1 +7 Sil~ Anal'iS'S for" tJaw SlaJi"OT' for IheCha'gers SeDt~",\oe' 20tJ! 2,j Access and Circulation - Most Promising Sites Bavfront - Site A 'J Site A is located botweenl-5 to the ca51, ilnd San Diego Bay 10 the wesl This lilllits its road access 10 the lirnite(lllllmher of streets alorlSl tho bay, and to inlorr:hallges and streots crossing ~5 Current inlerchimges along 1-5 inlhe project area iue conslralllcd by the available sp.lce hetween tile IrCf'!WflY and the adjacellllailroad tr8cks, and l1(lrrow bridges across Ihe freeway_ The trailllrilcks, which carry both trolley and freight (typically scheclulcd only at nighll. inlersect with the crossing str<Jots al grade, thus croaling constraints on vehiculill tlMrie CJl1going studies regarding (llC! cilPilcily needs of 1-5. the intDIsecting cross-streeIS, and noed IOf high occup8ncy lanes arc cunenlly underwilY by CalTrilns I.!) is elf! eighl-ICln8, l1orlll/SOUtll [fI:ewily with m,~inly dii'unond-lIllerthanges spated nearly 1 mile aparl wilhrn Chlllil VisLa, Primiuy v{;liicular accnss La Lhe silels providod 10 and "cross I.~, from points norlh and soulh by interchangeS,'l1 J Street and PCllomar Slrcel and just soulh 011 Strel:!. InLerslal<).ROr), locCllod flpproxirniltely 3 miles east of 1-5, is an eigll1-lane, norlhlsouth freeway wiLh inlcrchi'mges ill E Street, H Slrl'ot L Slreet and Palonlar Slrecl.l-805 connects to 1-5 in Sorrento Valley (15 miles north 01 Sile A) and Siln YsieJro (5 Illiles south 01 Sile A) Access 10 Sito A across I_~ is provided vii! an overpass al l StrfJet Clnel Pa'om<~r Street And an ullderpass at J Slree!. 51Clln ROLlle-54. a six-lane fre(~wQY tJegins at f.5 and runs eAst with connections to f-805 just north of Chula Vistil Slale Rout<;-90G, a four-lam' freeway, also begins ell 1-5 Jnd luns eels I Gonnecling 10 1-805, SR.905 tJCCOnlfJS OlaV Mesa Road about 1-milc east of 1-805, bul is 10 be extelld(~(j to SR-125 prior 10 Ihe plelnned opcnillg o( il stMfium. Access 10 1-805, SR-54 .~nd SR-905 is provided via city stre~ts siluilted C(lst of 1-5. ColICGlor Slleets ale or\-Fmizeu 011 a half-mill' Uricl ill rlownlowl1 Chula Visla 0:> N I Assumptions Gallic Day VclJ/cufal Capaoilv Needs We project the 16,800 cars (the grealest demand foad~ destined fOf the stadillm woufd arrive over a course of IInee hours before A gAme JS follows: 30% in Hour 3 (5,040 cars). 30% in Hour 2 (fi,040 carsl and 40% in Hour 1 (6.720 cars) based all three Lravellanes, We project the 16.BOO cars would leave lhe stadium over fI course of two hours after a game as follows 50% in Hour 1 (8,400 cars) and 50% in Hour 2 (8.400 cars!. Wn also project 90% of the cars (15.120) would come from points norlh This reSlllts in a peak hourly demand 01 7.560 vehicles going 10 the norlh lollowinga game ~ ~ StatisticalallendilncepatlernSillOu~lcomrllSladiull1 served as Ihe basis tor the follOVVlng assUfnplions lor pOlential sladiurl1 scenarios on SiteA and Site D "lhefirSlseClsonmayslarthy2013 Freeway capil(:ity eSlimales wpre developed based en a CalTrans standard per lane capilcity of 2.000 vel1idps per hour, In addition. it WilS assunlcd 1hat curren I Sunday Haws ilre ilboLlt 50% 01 capacity. or lOOO vehicles per lane per hour This results in Clpproximalely 1,000 vehicles per lane per hour 01 available capacily, For focal arteriaf slreels, we assumecl a caflAcily 011,400 vehicles per hOII[. and an exis1in9 SundflY flow 01400 vehicles, Thus, we assurned that local arterials streelS also have an aVflilafJle capacity or 1,000 vehicles per hour renlaining Bilsod 011 these assumptions, ciyhllanes of capacily weuld be nee(led to accummodate the peak 7,560 departing vehides. " St~di\Jm structure would be designl'Jd within a 25 acre sit8 lor 64,000 sealS wllh tho abillly 10 expal1d 10 72,000 seats for SlIper 8ow!sand college foolball ndlional champioflshipgames . There would brl len Nfl gamR d~ys per year. August 10 January (2 pm-season. 8 in S8:'nQIl. phiS possible playotls Jlld/or SUpHf Bowll . On Super Bl1wl day. 30% o( till? maximum palrons 121,6001 would ,mivo by mflSS transit . lhe S~Ino 10/30 modaf split is lIsed (or rfJqlllilr g,lrlle day~ fflSLJllillq in a need for lil,933 par~in!l spaces 1-5 has four l<'lnes il1 each direclion, thus its total capacity is 8,000 vehicles per dilection. willl an assumf'd available c:apAcily of 4.000 vehicles per direclion on aSlInday, 1-805al~0 has lour lanes in eilch directiQIl.wilh An assumed available capacity of 4.000vehicfes per directiOll on a Sunday, Belweell \fle two freeways, there is sufficicnt current capacily 10 hAndle estimated game dily flows, however. inlproverllents to lhe 1-5 intorchanges, amlLO city streets carrying traffic ilcrOS~ IOWl1 to access 1-805 will be needed, More f1ccurato infofmation on current Irf'eway flows. othm development in tilE" area, as woll ilS imprOVenl0nlS Ie) 1-5 currClltly being studiod would need to be considcrrrl8s further studies of sitc impacls arc done . Ninely pmcDnl of the p~trollS will come trOIll pomls north of Chula Vista . On Super Gowl d~y. th8 greatest del1l~nd load, 70% of tlio lTlilximUlll rillrorl~ (50,~00) would arriVflbypmsollalv"'llir:l8witheachYAhir;IDc~rfYlngthro[1p;ltronsonaveraqoroslIllinqinanned for 16,800 parkin,! ~pat(1s lnadditiolltotlmabovoc:irculaliollsystcnl requirell1ents discussed above,f1ddilional north/south circulfl lion is needed wesl ef 1-5 belwOQn E Streel ami L Slreet to ilCC0l11morlate ilCC8SS to!from the stadiuill and collBction oltraflic althe interchange along 1-5 Tile planlled improvell1ellls alLhe f-I Slreel and J Slreot interchango connecling 10 a minill1um four {4) lane arterial extending to lhc stadiurn Area will be required ,c CO('I'el'.l{ntJel'j~"n & P/l.l'll1er~ ,I1"1'iI'llrrflll"r'. Ur/lfI!I [ks'lffJI 0> C'J I ~ ~ Otav ~ Site D Prilllary vehicul8! access to Site D from points Iionl, and south is via SR-125. a priviltely operated toll road wi\! open in Septenlbor 2007 with two lanes in each direction, SR-125 connects to SR.54 in Spring Valley (7 miles north of Site 01 and SR-905 / Otay Mesa Road nearby Brown Reid Municipal Airport {4 miles south of Site D). A modified dover-leaf intercl1ange at Rock Mountain Roarll Hunte Parkway is not presently scheduled. Rock Mountain ROfld I Hunte Parkway is an cast/west surface street with three leJlles in each dilectioll. which provides secondary access 10 Site 0 Eastlake Parkway is a three-lane, Ilorth/south, surface street lhatlinks to east/west colle(:(or ro8ds Olympic ParkW<lY and Telegrilph Canyon Road, both north 01 Site D, thal provide direct access to t.805, The section of Otay Mesa Road between 1-805 and SR-125 is to be upgraded as a continuation 01 SR-905 and is fJllticipated to be operational by 2012. A new interchange on SR-125 and Olay Valley Road just soulh of Site 0 near the Olay River Valley could provide access to Site 0 at the southern site boundary just east of Village Nine, If multiple SR-125 interchanges were to provide access to the site, the efficiency 01 ingress and egress could be greatly increaser]. As the development within and around Site D, including the proposed university/tech park, come on line over the next 20 years. additional improvements will need to be considered Further studies sholJld specifically consider the allocl of all 01 tile developments, and determine the needed roadway Improvements Game Day Vehicular Capacily Needs Using saine assun1ptions for stadium size 1110de split and the same 3-hour arrlvaf and the 2-hour departure winclow for Site 0 as lor Site A. seven lemes FIfe needed to 11andtc the peak exiting flow to the north Qll opening day in 2013111 order 10 provide sufficient capacity for oxiting tralfic, SR.125 will need at a minimum te be widened to three lanes rilell dilection between SR-54 and SR-905. In addition Rock Mountain Road / Hunte Parkway and Olay Valley Road interchanges will need to be completed_ This will provide tile needed seven limes to the north using SR-125, 1.805. and 1-5 which will be accessed hy use of lhe local arterials nlCntioned ilbove as well as SR-905_ The nec:essary widening of SR- 125 has been previollsly n<ldrossedin the SR-125 EIR S;t" A,,~ly"i", tm" New Sl~d"tm 10' tho Char!J~r5 n SeDt~",bc' 2007 m f > , "- 0 p 0 " ~ ~ ~ 0 " ~ I 0 0 J I s > ~ ~ c ~ " Q " ~ ~ 0 g. ~ " ~ " 0 n '~ ~ ~ 0 5" Q -1 i3 > 0 ~ " ;j Q 0 ~ , 0 ~ 8 Q " " ~ "- ~ 0 , ~ c ~ 0 '< [. < ~ ~ :;I ~ 0 " " > ~ rn ~ ~ Q ~ 3 g ~ " g g- o " 0 " 0 n Q " C ~ ~ 0 g ~ 2: ~ 0 " ~ 0 < ~ ~ ~ ~ 0 '0 0 ! ~ ~ ~ ~ Q 1 ~ ~ '< ii ~ ~ ~ 0 0 ;:;: m Q C " 0- 0 ~ '! 2" " 3 ~ 0 < g- o ~ ill " g- < ~ J Q '" ~ 0 ~ <' ~ ~ ~ < ", ~ , 0 " , s 0 ,~ 0 ~ < ~ " s ~ ;; 0 " ~ ~ 0 ~. 0 Q n '< 0 ~ ;ji " 0 ~ I > ~ g ;! " 0 0 s * g ~ 3 " ~ "- 0 ~ " ~ ~ 0 ~ 0 ~ ~ 0 0 ~ S ~ " 0 g 0 ~ s 0 C ~ g s J ~ ~ 0 Q g ~ n Q l " 0 " " ~ ~ " " ~ 3 ~ '< ~ ~ " 3 0 0 ~ l 0 ~ S ;) " " 0 3 0 > c ~ 0 ~ S ~ ~ s I ~ < ~ < S ~ 1 " 0 0 0 ~ ~ " ~ " ~ ~ g 3 ~ 0 ffi ~ 0 ~ ~ .", ~ [ 0 ~ - , 'S. g !!J '< ~ J. < " ~ ~ , I ~ a: 0 ~ ~ 0 " 0 0 s. ~ n 0 0 ~ ~ '(j ~ '" S s. :? n ~ ;; < p C " " g 0 ~ ~ ~ ~ " ~ " < ~ ~ Q ~ ~ ~ 0 g 0 ~ 0 0 3 0- ~ ~ " " '" ~ S; 0 ~ Q ~ " i 1) 0 p '" 0 i " ~ 0 " is- , 2 " is' ~ 0 ~ ~ 0 0 0 C ~ S n 2c rn ~ 0 0 0 " n ~ 0 S c 0 ~ ~ If ~ ~ , S g @ 0 ~ [ " <E D rn C ~ ~ , ~ ~ s. ~ ~ 0 0 n .g n ~ ~ , " ~ 0' , " ii , if ~ , ~ " ~ < 0 ~ " rn S ~ - 0 ~ Q ~ " ~ 0 n ~ ~ m ~ 0 g 0 s. :0[ 0 - " 0 ;; 0 " 3 r I , S g ~ 0 ~ 0 0 " s 0 ii ~ ~ 2: '< c rn rn iD , ~ > < <3 ~ " ii1 0 0' 0 rn 0 ~ > ~ 0 ;:; S 0 0 0 ':.C , ro oJ 0 n 0 g ~ ~ .~ 0 , ~ ~ 0 ~ ~ , 19 9 ~ ~ '" " ~ 0 2 ~ ~ ~ ~ ~ , ~ < S ~ ~ , 0 3 2 ~ ~ 0 2 , "- m , ~ 0 I ~ ~ ~ < 0 m C ~ " ~ ro ~ 3 ~ ~ ~ , ~ S ~ ro 0 ~ 0 0 ~ 3" S ~ , ~ , " "' 3 0 ~ 0 .~ ~ " " m ~ [ " 0 3 '< ." , ii ;; " Q '?. ~ Q ~ ~ g 0 g Q is ~ w [ 0 " 0 , " g ffi , a: " ~ ~, .- 2 "- " ~ g ~ '" " a m a: ~ ~ ~ 0 ? 0 " 0 > < a: ~ 0 " g " ~ 0 " ~ ~ ;; , " " ~ " < Q m ~ '2 ~ 'i , ;;; ro ~ 6 0 ~ 0 0 > ~ ~ s; .0 3 co 0 0 ~ " ~ Q '" , 0 ~ :i " ~ ~ ~ 2- ~ 2 0 S. 0 ,; " 0 g1 - - " ~ 0 ~ ~ ~ 0 < 0 0 0 0 " <'5 - . ~ " Q 0' " n ~ Q 5: 0 ~ g :2- < '" c "- ~ ~ < ~ ~ co ~ G 0' ~ v, " ~ 0 0 S " < ~ " " ~ < " ~ g , s. "- " ~ S ![ < " , 1 1 - 3 0 " ;; ff: Z S' n o--n ~S-~305 [J) cD '" S- ~ <2 ::: ;r ";; : '0 ~ :~~~~Q ~ 8!. ~, ro (11 ~ ~ <g 5' ~ ~ i5 @~~~~~ '" :::l 0 '" "" :$ :l :::l -< 0 ' ""'. <'6 ~ n ~ 5' :;. :::l ~ 0 0 0 n :: ~ 3 S- ;a o :::r =. :; <1) 0:> ~:g~9~ 2 15 ':, 1ii ~ el g, =,:r:O:;:~ gg~~g-Q '" .Q :;) :l OJ 0 ~~~,g-~~ ~-~*~E~ :5 ~ 9- ~ :: :;. ~:;'R;!'g~ o;ls.Ro2. [~ ~,g E ~ ~~~~~~ < 0- ill :::r" '" 8-~'~.~~g ffi ~ t5 S 5',g gag;~~ ~ l> '" 0 '" ;1 [~~~~-~ s- g: Q :J 0 w ~~:Q~~'~ Rl ~' :g fr ~ ~ <1l Q'" '" 0 =- 2. Q ~: i 5 3- ~,g .g "" N ..., < 0 ~~~~g ~ :::r Q g :J g ~ ~ 0 J;> ~ :g ;; .ffi ~ g- ~ R ?- g ~ ~ < or> :z. ~~f~~ ~~~=~ _. '" m :::r . ~g~~~ ~~.~-Es u::J n J:l <1l .z 0' c '" ..., g3~~~ ~ at:; ~ 3 ? ~ ., " , ~ " o n .~ 0; J o o 11-31 g (3 n ] ~ ~ ~ - %. o~~ c - 0 ~ g ~ '" 3: ~ g -g <3 ~o=' 000 ~~~ n cr - t5 " =: ~ ~ s o 0 ro no> ,g g- ~ C ~ ~ ~ 0" ::; [~~ ",-0 < (!l -3 C'i :;:: u ::; 8' ~ ~' _ ~ 0 ::~;: ~:i<'6 ",;:: '-=' a; 3 3" ~ *, ~ '" l>=D i ~ ~ - :=.' " ~ 6- '" ~ ~ ~ g- S 9- -g' 073 ~; ~ ~j ~ o ro n cr< <1l C [J) < (Jl <5 (!l '" '0 ~ ~ 8- n ~ o cr _ ro <3 ro 3 . :;; (3 <2 ~ 2. 0 ~ ~ III ;; ;:; ::: " ~ . " 5'uJ S' 5! 5' ;;; o ~ 0" ~ ~~~ o ::l (ij mO< ~3:~ ~ '5 :D o ~ . 8::::lg ~ i ~ '" 0" ~ '" - ..., _ cr < ~ <1) 2- g g ~ > _ n _crcr S-~o '" ::r-O '" <1) 3? <om" a.J:liS ;::' -10- 3 iji' (11 '" <:> 0 9' ~ S- o m [~ n m o ~ ~ ~ o " < " 3:3. ~ ~ " 0 2 g!., ~- o m . ~ ~ ~ ~' g 9.,0- <!IS:- NO 0- ;::[,:e. ~~ , ~ ~ " 0 ~ <3 ~ ~ o ~ <;; ~ S' ~ 0- :::: o 0 s-~ So 0: n; :3 o 0 g ~ if, ~ ;:::0 ~ ~ ~ ~ i;' ~ ~' i? o 0 ~ 0 o' " o ~ r ~ ~ ., l .~ ~ ~ ~ " c ~ ~ ~ ., 9- 0 ~ a > ,,- '" w . ~ ~ ~ " . ~ . . " " ~ v ~ " ~ 'l ~ I ';? ~ ~ v g m 0 c 9. ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ #- g ;; '" " . iF ~ ~ 0 ~ " ~ 0 ~ '0 a: c g ~ Co if n . ~ , a: 0 0- v ~ . ~ 0- ~ " 0 m . ~ 0 E- o ~ " 0 c " ;; ~ . fr 0 0 ~ . 3 c ?i ~ . ,- c c < . ~ I<- 0 :;" " 0 . ~ . " " 3 2. < ~ ~ 0 . ;; c ~ " ro ~. . ~ v 0 0 ~ 5 0 " :;; 0 0 3 . g 0- 0 ~.1i " ~ ~ ~ CD , ~ . ~ ~ ~ . <5 ~ 0; " . . g . ~ " n g . 3 , J ~ , a: ,; 3 f " . " ~ < . ~ ~ c n ~ ~ ~ 9- ~ ~- ~ 3 0 . . " 0 " ~ 3 > 0 ~ " . 0 " ~ ;;. . 0 c c . . 0 0 ,; 0 3 ~ g . 0 ~ 3 0 0 m . " . 0 ~ 3 0 0 ! ~ ~ " m co I. 0 . . ~ " ~ c . ~ ," ;; 0 ~ ~ ~ I ~ ~ 0 ~ . . 9. . c ~ " 3 r m 0 ~ g " g . " t " ~ !?!: g 3 . ~. Q " v "' c . " 5 ~ 3 [ ~ c ~ a: . 0 , 3 0 " ?i 3 . 3 c '< " <g. g- o. C iF 0 c c 0 ,g 3 " ~ > c ~ . < " . .. c ~ 3 ~ < ~ . 9- " 0 g 0 g- o " " . n . . 0 3 . > 0 0 " " ~ "- ~ ~ ~ . .- " ". 0 3 " .. ~ " ~ " 0 ;;, .. g, f 0 ~ ~ c ~ 3 c ~ " ~ ~ v <' 0 c 0 g 0 ~ . " g 0- " 9- w ~ ~ ~ 0 0 " . " iF ,; 0 " ~ ~ 3 ~ 0 ;; " 0 ~ ~ " 0 9. ~ 3 ;;: " rr W a: ~ 0 ~ Ri 0 0 .. 0 3 c . ~ 0 . ~ 0 .- 3 ~ . ~ ~ . "- 0 v ~ " g. . ,- < ~ " c " g- ~ " 0 . 0 0 0 0 . E- o ~ " 0 '< g ~ m " ~ 0 " . 3 . 0 . c ~ ~ 3 C c 0 0 Vv 0 ro . ~ i5. ~ 0 ~ c. 0 n "- v . 0 0 3 rn . . 0 . . c g 9 3" . g 0 " a 3 0 ~ " ~ ~ . g 0 rr 9. ~ ~ $ . Q , ~ , g .. ~ " 0 0 " ii~ " a: 0 m 0; 3 0 rn 0 " c a: 3' 0 3 0 ~ . 9. " ~ . '" :5"-< 3 . , ! " " ~ 0 00 0 0 a: ;; I 3 3' ~ 'l " . 5 ~ [ ~ " 0 ~ ~ .. u 0 C g ~ ~ ~ ~ , . 0 . ~ , 0 rr a "' N , Q 0 N < ~ ~ Ii 5: ~ "' 3 ~ ~ . 0 rn 0 ~ " w 00 F ~ . ~ ! 0 5 "' 0 0 .. # " w . K 0 , g, ;;. ~ " m . 0 ro > v .. c u . . N < 0 ~ " .- s ~ 5 ~ ~r . a 0 iF ~ 0 ! ffi ~ c . ~ 5 a 6 g 0 0 ~ 8 .. ~ . u . r " 0 n u . ~ ~ a: 0" ffi 0- . 0 g " g ~ ~ g 0 ~ . 0 . "' 0 s . .- 0 s: 3 . . . ~ .- .. a: ~ ~ s . 0 . . ro 0 ~ 0 ~ . . ~ 0 ro 0 ~ ~ < . c 0 ~ 8 ~ I . " , " 0 ~ 0 ~ . 0 0 ~ ~ " ~ " . , co . 0 . . " ~ ~ " . . . . . " 5 3 < . ~ "' l ~ ro " 9- ~ 5 ~ . ~ s. ;;: ~ 0 "' . ~ . 0 . . c . 0 " 0 . , " . " ~ > ~ .~ c . ~ ~ 0 0 ~ " g 0 . n . 0 , "' "' ~ > " . '< ! . .- < ~ 0 ~ r . " g 0 '" '" . 3 ~ ~ ~ 0 ~ . 0 . ~ . 0 " . ~. <a " S ~ ~ , 5 0 & . ;- u " ~. ~. " 0 ~ " x 0 0 0 " s 0 w " 0 0 ,; ! g N 3 a: " rr ~ ~ " r X ';; . . . ;. ~ .. . ~ ~ "' . w " 0 " ~ 0 5 . 0 ro " 5 0 g ~ . " 0 ~ ro N <' ro 0 '" . . " " c . , 0 0 ro ~ 3 ro <0 . . w ~ 0 ~, 5 " 0 0 ~ 6 0 ~ ,~. 2 . U 0 a: 0 u ~ ! 0 c n 0 0 0 6 0 ~ 3 5 ~ " 0 <l. 0 0- 2, 0 5 6 ,; 5 m n ~ is 9- ~ 0 s: ro 0 3 ~ " .. ;; . " ;;: . l r . a N . 0 0 0 ,- 0 " .- 5 c " !': ~ , I " . ~ . g g .,. ~. . ~ ~ . t '" "' 5 . 0 0 . iF " s 0 "' g 0 [ " g . ~ N . 0 " .- g e' < "' " . " . :n g: ro~ ~ 0 0- . w " . 3 "' " ,; ,,~ ~ 0 ~ . " ~ 3 N U 0 ~ ~ ~ ':;;>-0 '~ 0 0 ~ , . co . ~ . " 2, ~ 3 0 ~ 0 0 i Q. 0 S. ~ . - ~ 0 , . 0 00 0 o 0 ,. 3 0 '" !f 0 ~ w 0 0' , , $ . iF ~ iF u 0 . < . ~ ~ g <0 3 ~ g 0 . ~ 5 , . 0 a: 3 . " ~ ~ 8 N ~ 0 0 3 ~ . , x a; 5 0 . 0 " s: N ~ 3 ~ w . !i 0 - S 0 ~ Ii- , , ~ 0 0 0 3 ~ , ~ ! ~ 0 ~ " " " 0 0 5 ~ ~ "' 0 . " .. I i 0 !f a 0 . s: 0 J t5 . ~ . . 0 ~ , , 0 a: " ~ . , < . 0 ~ ~ ~ 5 3 . ~ m 0 u ~ " z c c , 0 6 ~ .. .. 0 0 " ~ . or 0 0 ~ 2 ~ 5 u ~ 0 0 . 0" 3 .$" " ~ .- 0 . 0 . of'. ~ 00 ~ < 0; 0 . " ~ ~ 0 a: 0 3 1l ~ " ~ ~ ~ 0 ~ ~ ~ 0 a g, 0 >-.: !. E- o . 0 5 . . g 0 ~ 3 0 rn . . " " " g . 0 , ~ " 0 ~ 0 ~ 0 . g , m " w 0 " '" , 0" . ~ ~ i " s. , "' ~ . " ~ ~ " 5 " . c ~ ro ;f ~ 0 Q ~ , " . r m - 0 ;; i ~ ~ " . m ! ~ " g . co . . ~ "' 1 is " 0" 5 0 a ~ 3 " . @ iF a: ~ " ~ . :a" " Q " . 0 0 ~ " ~ 3' ~ 5 ~ .. ~ "- 0 C" 0 . 0 0 <, 0 ~ 0 . 0 , " , ~ 0 " ~ ~ " . ,. ~ ~ 0' !! 0 0- ~ < 0 ~ . ;; ~ " 0 0; w U , ~ w ~ ~ 0 i 0 I 0 s- o " 0 ~ ~ ~- ~ '" 0 <5 if 0 ~ . ~ ~ ~ ~ ~ 3 " ~ ~ 0 0 0 0 , 0 . w ~ c ~ ::; ~ "- 0 . . . 0 53 ~ rr 0 . 0 0 ~ 2 " ~ 0 "- 2 ;; . . ~ ~ ~ " 0 ~ Ii- " 0 . " Q " ~ ~ ~ 0 c u . ~ . u 0 0 , 0 . ~ ~ . . . . ~ . . " 0 ~ 0 0 . 0 g 0 R ~ ~ ~ g 0 ,; , iF 0 "' 0 a: . ~ " 0 a: . 0 ~ , . 0 ;;: " 3 < 0 ~ . ~ 0 1 1 -32 ('ooller, Roberl~oll & I'lld.nel'~ /11'1'/,jll'rllll1'. U,1wlI {Jrs;!!" Olav - Site D Given the extensive cut and tili necessary to prepare Ihe hilly Site for stadium use, there are opportunities to place parking under the stadium without incurring signifiCClnl ildditional construction costs For patrons arriving to the stadium by personal vehide, a stadium desiqll on Sito D would support 2,000 parking spaces under the proposed stadium. Interim surface parking would be provided until ancillary development is phased in, at which pOint the parking would be considered as part 01 the pool 01 potential shared parking. The stadium can be positioned in various places within Site D. We have looked at placement along the western boundary of Site 0 in the southwest corner, in the center and in the northwest corner. Parking scenarios would be modified with each placement only by the types of uses With which parking could be shared within the half~mije and one.mile zones. In the southwest corner location parking would be shared primarily with the adjacent proposed university/tech park campus, In the center location parking would be shared primarily with on-site ancillary development and the university/1ech park campus. In the northwest corner parking would be shared primarily with on-site ancillary devclopmellt and possihly the EUC. Shared off-site parking pro\'isions are mapped under two zones. Within the half-mile zone dependent on stadium placement, approximately 4,000 to 7.600 parking spaces could be shared by the stadium and the proposed university/tech park and EUC. The secondary one-mile zone would reqllire a shuttle to stadium site, These shared spaces could provide another 7,600 to 15.000 parking spaces. C') C') I The balance of the patrons would depend on the existing mass transit systems. Park-and-ride locations throughout San Diego County serviced by MTS Event Express Bus to Site D would provide 3,350 additional parking spaces. The existing bus and proposed Bus Rapid Transit ridership could accommodate up to 20.562 patrons over 11 three-hour period and would count towalds 8.600 parking spaces ~ ~ Through this combination of mass transit and personal vehicle parking. there would be a total of up to 25,000 on-site and olf-slte parking spaces and would meet the requirements of proVIding parking for a peak load of 72.000 fans 1 hiS scenario suggests a 1110(1(11 split of 85% to 100%01 1I1e f3ns arriving by C<lrcllld 1'1%loO%i-nriVlngl.lyn1asstranSlt Sugyeslod /mfl[(Jvt"I)1(;nls Proposed ill1provenwnts th,lt wOllld need to b8 conlpl~lp.d (or the pfOposecl Slcldiun1to function il1c1ucle . Rock Mountain Road I Hunle Parkway . Main Street . Olay Valley Road . SR-125to provide 6 lall(1s . SR.125I Rock Mountain Road! Hunte Parkway Intersection . SR-125! Olay Valley Road Interchange ConstrUGted . SR-905 between SR-805 and SR-12!3 . BRT Road System In ildditiol1 to tile existing ~nd proposed lraffir. syslcm to functioll lor a stadium facility the propos(1d improvements would be to upyrado SR~ 125 from a four-lane to six- lane highway at an estimated cost of $200 111illion: a shultle bus systel11 to provicte shuttle service from the outer reaches of the university/tech park the stadium at a cost ot $12,000 per game; and a traffic Ill(lnagenlellt system developed with CalTrans City Managers, MTS and SR-125 Toll Operation. The plan would need to include a method of toil payments for SR-125 t11at elilllinatcs toll collection delays leaving the stadium which could potentially be provided in the ticket price, SiW A,,~IV,'i" for ~ New SI~,11"'" tor l'lU Clwgp,s S"Dt~l"iJp.r 2007 :'1 BAYFRONf $Ife , ,gfAY'SI,!:" Game Day Assumption Game Day Assumption Assumes 72,000 patron stadium PatronsarTivebypersonal vehicle with an average of3 patrons pervehide 72000 3 24000 100% 24000 Assumes 72,000 patron stadium. Patrons arrive by Personal Vehicle Parking Capacity personal vehicle with an average of 3 patrons per vehicle 72000 3 24000 100% Z,wOO ONSITE PARKING Personal Vehicle Parking Capacity Garage under Stadium 6000 3 2000 8% ONSITE PARKING 17acreinlerimparll.inglot 5100 3 1700 7% Garage under Stadium 6000 3 2000 8% Subtotal 11100 3700 15% 20300 Subtotal 6000 2000 8% 2.2000 OFFSITE PARKING QFFSITE PARKING Primary 1/2 mile zone Primary 1/2 mile zone LolA 504 3 168 1% Business Park 3750 3 1250 5%:' lotS 1941 3 647 3% University-North 19163 3 6388 27%' Subtotal 2445 815 3% 19485 Subtotal 22913 7638 32%; 14363 Secondary 1 mile zone Secondary 1 mile zone lote 1494 3 498 2% Business Park 3750 3 1250 5%' Subtotal 1494 498 2% 18987 University-South 19163 3 6388 27%' Subtotal Onslte and Offsite Parking 15039 5013 21% 18987 Subtotal 22913 7638 32% 6J25 TOTAL Personal Vehicle Parking Capacity 51825 17275 72-/.( 6725; ADDITIONAL OFFSITE PARKING SITES Primary 112 mile zone Mass Transit Capacity '<t Lot SA 1560 3 520 2% Bus and BRT Ridership 10512 2 5256 22% (") Subtotal 1560 520 2% 18467 Subtotal 10512 5256 22% 1460 I Secondary 1 mile zone ~ LotSB 579 3 193 1% Remote Park & Ride Lots/MTS Event Express Buss ~ LotSC 786 3 262 1% LotSD 444 3 146 1% North County 5100 3 1700 7% LotSE 411 3 137 1% South County 4950 3 1650 7% Lot SF 2852 3 884 4% Subtotal Park & Ride LolslBus 10050 3350 14% ~~18~1 LotSG 4173 3 1391 6% TOTAL Mass Transit Capacity 20562 8606 36%( ~1881 LolSH 999' 3 3333 14% GRAND TOTAL 72387 25881 108%' -1881 LotSI 2769 3 923 4% LotSJ 942 3 314 1% Lot SK 759 3 253 1% Subtotal 23514 7838 33% 10629 Subtotal Additional OffsUe Sites 25074 8358 35% 10629 TOTAL Personal Vehicle Parking Capacity 40113 13371 56% 10629 Mass Transit Capacity Trollev Ridership 12600 2 6300 26% Bus Ridership 10512 2 5256 22% Subtotal Trolley and Bus Ridership 23112 11556 48% -927 Remote Park & Ride lots /MTS Event Express Bus North County 5100 3 1700 7% South County 4950 3 1650 7% Subtotal Park & Ride LotslBus 10050 3350 14% -4277 TOTAL Mass Transit Capacity 33162 14906 62% -4277 GRAND TOTAL 73275 28277 118% -4277 32 Conll<.'l', U()h<.'rl~lIn & I'llrhlers iln'hilrr/III"/'. (hymll f)r,~iflll Environmental Evaluations A basic li\eralure rcvinw 01 rnajor biolO\Jical resourcos and conslrainls. Cillifomia Nalural Diversity DatabClse ICNDDB) seineh. alld brief lield visil Bssessed Ihe potenlifll (or lhe Bilylrent 81ld tile Olay Mesa siles to r.ontilil1 sel1sitivp. vegHatioll commullilies. sensitive plQnls. sonsitive wildlife. wildlifo corridors. and sensilive jurisdictional areas. Tilis is a preliminary assessment, nol a comprehensive 51\1(11' of lhe siln. Furlher background research, biological studies, and reports would need to be undertaken to provide detailed analyses of the biological resources and COnstrilintson-site. Th(~ 01.11' Mos<l,~il(;S .11'(; wilhin the bounclarins of ilK' Cily of Chula Visla Multiple Species Conservation Plo(Jfam (MSCP) SII[)dlGa I'lan. The eily of Cl1ul8 Visla MSCP Sllbarc~ Pl,lIl IS <I plan lh<ll ilddrcsses the potential illlp<lcls of urb<ll1 growth. n,1tuti'll halJil'3tlQss nnd species Cnd.1ngnm'01l1.ilndcrciltosaplalllomiligaloforlhopotenliallosso!'.coveredspecics..al1dthcirhabildlrosultillgfromlheclirect,indireCI and CUnl\lliltiv'" in1pi'lcls or (ulure devo!opmellt. All biologital Sluclies. doculllents. <lnd dovoloprnellt of tl10 Bilyfronl ane! Olay Mesd ilne! Sll8S musl comply wilh all guidolincs sol forth illlhe City 01 ChulCl Visla MSCP Subarea Plan Sile A is comprised 01 developed. disturbecl and rllcJeralland lhalls bordered by the Siln Diego BoY and Ihe ,south Bay Unit of the SiUl Dw'go National Wildlife Refuge to the west. development to the north and south. and Bay Boulevard and 1-5 to the east L!) en I Sr;nsilil/0' Vego/i1lion Conllrluwlics Sensitive vegetation communities are vegetation assemblages, assor;iations or slIb-associations that support or potentially support sensitive plant or wildlirc specins. have cUll1ulative lossos (Inoqghollt th" region, hilVP. relCllively limited dislribution. or have particular vBllIt' to wildlilr Sensitive vegelA(ion COlllmunilies are rcgulilled hy various 10Cill. stMe. and fedorilllesoUfCe agencies. Based on lhe lield visil. Site A is dominated by disturbed. ruderal, and developed land that are not considered sensitive vegetation communities. Although these land-covf)1 lypes "rn nul consid0f1Jrf son,;IliveallCldo Ilollypically support sensitive biological resourcos. these areas have lhe potenllillto support certain senSitive wildlife and plant species 1hat are known to tolerate disturbed conditions, The Draft Bayfront Master Plan EIR Identifies w$Uand Elnd potential wetland resources in the site area. In additron, the site is adjacent to the San Diego Bay which is known to suppott several sensitive vegetation communities, such as manne and inter-tidal 20ne communities. As part of a required Environmental Impact R(,viuw for a Ilew sl<ldiulT1. it biological H')Conn.JiSS0nCe survey and cICI",il(,d vegotalion nwppmq is recomn'()Ilclccl (f) v8f1fy tlwsr' lin(lill~15 .~Ilrl idcIllify 11)(' ilOLIIl(I,)II()SO( ,lilY 5ellr,ilivl'vcqclallollconllTlUlli(reslorfurlhercomprohcnsivC81"11YSl5 ~ ~ S(H'SII/Vo P{anls Based on the field visit. Site A is dominated by disturbed and developed land. Although these land-cover types do not 1yplcally support sensitive plant species, certain sensitiv~ planl species <,re known to occur within disturbed vegetation communities, In additIon, the site is IOC;ll<~(i ;-Hji,)I~enllo [Il<' Suulh Bay IJnil of [he San Dic~lo Nationai Wildli!e Refuge which contitins SBnsi\lv(' vcgetalioll COIllFllullilies thell hi'lVl' pOlr'llti<lllo support Sl,nSI[lVl: plalllsjwcll'S; 111ClelorO, i[ is WC0nlll1DIldccllhal a biolo~licill reco\ll1aiSSilnCI'Sl.lrv,;y becondur.[pd 10 (h'tcrIllHlC if foclIs('d SIIrVCYS lor plillll species ,1r(' n()C'd,.~c1 1'IPI.l(l~,,,t N,!Vllh.ltIOIl C11dlllld Ni1110'F1IVVlldl<le flefuW'ISllld DlcpoB"y [1"11) S\.vuell'lalprM<I~I1Ndlino"IWildlil,'nelllg8 t,X.,CP I la[JI\"1 l'r('se,Ivr 110\lIl<J.,,'I CVDHf'bDI"",.LHV LCP!lUP p~Icel SilpAnaly.si,fmi!NewSladiu,,,ff)rll1sChargcr$ Seplem~er 2007 ;; Sensilive Wild/ifF' Based on fiold observation Sito A generally consists 01 disturbed and developed land that cloes Ilot typic;,lIy support sCllsilive biological resources. AllIlOugh lhesa land-cover lypes do not typically SlIpport sensilive wildlifo species, certain species SUcll as bllrrowing owl arc known to oc-cur wllhin or tolofflle diSlLIrbnd vegetalion cOnlmullilies In addition. the site is localcd adjacent to !I1f) Sfln Diego BilY 3ndlhe South Bay Unit of Ihe Siln Diego Nlltional WikJlik Refuge which is known to support several sensitive hflbilals and wildlile species, such flS . Fedorally- flnd stale-tllrealelled alld California Fully Protected Cilliforniilleast tern (Slema antil/arum IJrowni) . Federally- and stalf)-lhreatencd and Calilornla Fully Protecled California brown peficall (Pelecaflus oeddonlalis (;ali/emlcus) . Federa\fy"lhreatcned western snowy plover (Chamdrius alexandrinus nivosus) . Sli'lle-ondangered Bolding'~ savanllah ~rarrow (Passe/Gulus $iJndwichen$/s beldi"yi) . Federalfy- and slale-threaloned and Ci:llifornia Fully Protected lighl-footed clapper rail (R;illu.~ longirOSlns lev/lieS I . Sti'lte.thrcatoned California black rflil (Lalcrallis jamaicensls co/umir.()11I.5! III addilion. the entire southern portion 01 San Diego Bay is considered a home range of tile lederally-endangered greon sea lurtle (Owlonia /lip/as agassizi), This area of San Diego Bay is the only known location on the west cOilsl of the United Slales where green turtles aro krlOwntO i'lggrogato, In addition. several patches 01 eucalyptus Irees throughout the sile may provide suitable habitat for nesting raplors As part of a required Environmental Impact Review lor a Ilew stAdium. a biologiCAl reconnaissance survey is recommended to verify these findings. idenliJy the potontial for the presence el any other sensilive species on-sileo and delermine if focused surveys for any sensitive wildlife species would be required, Impacts 10 sensitive biological resources considered significant under guidelines set forth in the Cfllifornia Environmental QUality Act (CEOA) and lhe City of Chula Visla Multiple speciAs Conservation Program (MSCP} Sub-area Plan would require mitigation. <0 '" I ~ ~ Wildlife Corridors Wildlife movemenl corridors or linkages are considered sensitive by local, Slate, and federal resource and conservalion agencies bocause Ihese corridors allow wildlife to move between adjoining open space areas that are becoming increasingly isofated as open space becomes increasingly Iragmented fronl urbanization. rugged lerrain, or changes in vegetation, Impacts to wildlife corridors lhat disrupt wildlife movemenl pallerns would be considered significanl and would require mitigation_ A biological reconnaissance survey is recomnlonded 10 verify this finding and lor further comprehensive analysis of wildlife corridors in the area Sellsilive Jurrsdlclional Areas Site A docs not contain any potential jurisdiclional resourcos However. the sito is Cldjacent to the Sail Diego Bay which is a known IUrisdiclional water body. As noted in Rgure 4.8-1 ollhe Dralt Chllla Vista Bayfront Master Plan Environmental Impact Report, the MSCP Habitat Preserve Areas closest to the Baylront site are lhe F and G Streets Marsh and the Sweetwater Marsll which are both north of lhls site. However, Site A is localed adjacent to the South Bay Unit of the San Diego National Wildlife Refuge Wllich is kllown to support several sensilive habitats and wileHi(e species A biological reconnaissance survey should be conducted to vorify this finding. Based on the results ef lhe survey, a formal wetland delineation may be required to provide a rTlOle COlllprehensive nlap identifying the boundaries 01 all jurisdictional fJre<1swithintllissile .1,1 10 II !! . il! mUlI!il mnll. !!I.!ll 1<,11 llli1 I f!fl!flll 1I11!1 ~ lill Jill I I'R I' {II .tl J( fl I~ U if ! n II I! ,I !l fi ,I L ,; '" " ~ 0 0 " ~ if, " " > " " ~ ~ ~ < g ~ ~ > ~ m li ,< , ~ E ~ 0 ~ 0 u ~ , 0 [ . ? " " 0 i5. 0 3 '" " " ~ 0 m " ~ i g 0 0 < 0 ~ , ~ 0 J " Q if :=;" " " 0 ~ ~ 2 is 0 ~ 0 a;- s "- ~ ~ " "- ~ ~ " > " , 0 ~ c 0 ~ 0 , :0 0 0 " c ;;; 0 ~ 0 ~ ~ ;[ ~ 0 ~ f 0 , 0 0 !1- 0 0 ~ - ~ " cr 0 ii 0- 3 ~ ~ c >' "- ~ ~ ~ m 0 " " u ~ ~ 0 0 0 ~ " S ~ " 0 , 0 Q 0,- < 0 " ;;; < li > ~ 0 0 S- O 0 ~ 0 , <5. z 0 " g " " ~ " 0 < 0; ~ ~ @ l 0 ~ , ~ ~ ~ , 0; 0 0 ~ " 0 @, ~ g 8, " ~ I 3 ~ ~ 3 ~ & ~ 0 ~ <, ~ ~ "- 0 0- "- 0 ~ f 0: " 0 0 0 "- " ~ ~ " ~ S " ~ ~ if ~ 3 0 0 ~ "- 0 < ~ ~ 0 g ;;! " 0 ~ 0; 0 0 ~ ; 0 0,- c 0 " j; 0 g g "- 0 ~ ~ 0 0 < " ~ " ~ ~ Q ~ " 0 0 , ~ ~ 0 "- m J <) 0 0 0 , g, ~ , " 0 , ~ ffi ~ , ~ , 0 ~ ~ 0 0 ~ " ~ g , I n 0 ~ g " ~ 3 0 0 0 Q ~ ~ '" ~ 0 iO " , , 0 [ ~ ~ Q 'i ~ 0: 0 Q , " ~ ;;; S 0 ~ 0 0 ~ ~ ffi ~ ~ ~ g "- [ " 0 , ~ 0 0 0 0 n 0 0 g ~ 0 ~ m 9- " "- ~ " ~ "- 0 < ~ ~ 2:- 0 0 0 i5. 0 0 0- i 0 c ;[ D < , L 0 0 0 0 "- 0 0 S 0 , ~ "- ~. 0 " ~ ~ 0 i5. ~ ro ~ " 0 0 0 " 0 "- " ~ ~ ~ ~ ~ ~ 0 ~ 0 ~ c 0 ~ ~ ~ 0 - [ ~ 0 ~ 0 S- o r ;- ~ "- ~ ~ 0 ~ g ~ 0 S . 0 iO 0 0,- ~ ~ 0 ~ " 0 :. 0 " ~ ~ ~ , " i5. ~ l ~ a;- " 0 0 ro 0 ~ " 0 ~ 0 ~. ~ 3 0 "- g 0 0 r ~ , 0,- . " ~ 0 ~ 0 0 , ~ ffi 0 , "- ro 0 " 0 0 :if E ~ ;;; " < 0 " ffi ~ ~ " " ~ < " ~ Q 0 "- ~ , " " 0 < 0 ~ [ 0 iO i 0- ] 0 "- , , ~ I ~ 0 ~ " 0 ~ g " ~ :i; g 0 0 ~ ~ j ~ ~ ;; ,;0 Q ro 0- ~ ro ro g 0 ~ 0 ~ , 3 ~ ~ co ~ ~ ~ '" 3 , ~ <3 1< :; " 8 ~ "' ~ ~ " i ,E; 3 " " S ~ iO 0 , ;; , "- ~ a ~ " 3 ~ '0 ! 0 ro 0 ~ ~ ~ ~ , 0 ~ 0 ~ " ~ 0 " ~ Q ~ ro 0 " , ~ 0 a; ;;! 0 " , 3 ~ CJ' 0 ~ 0; ~ 0 ~ 0 ~ 0 0 , 0 0,- ~ , < s " j 0 , ~ 0 2- 0 , 0 ~ ~ ~ " ~ 0 ~ u " <3 ~ ~ 0 < ~ " Q 0 " ~ j 0 g: ~ 0 ~. ~ " 3 0 " 0 "- g is" ~ <" 0 ~ 3 0 0 " , " <" ~ ro 0 0 .g s ;;; if , 0 0: 0 ~ ~ ~ ~ 0 iii 0 " g ~ , "- i <3 ~ c 0 ~ <3 ~ , 0 " , ~ ~ g 0 ~ ~ 0 c if 0 c; ~ , .~ " ~ ~ ~ ~ 0 t '!? < , 0: go , ~ " , 3 i5. " , " " " 0- ~ 0 < < ~ ~ '0 ~ '" i 3 ~ " 3 ~ 3 0 11 0 " ~ 8- ~ 0 ~ i I 0 , , ~ ~ ~ il- ~ " 3 0 if ~ a; ~ ;;; ~ [ 0 0 . ru ~ 0 0 Q ~ ;;! 0 ~ " 0 ~ " ~ ~ ~ 0 ~ ~ 0 , <" " 0 ~ ro ;;; 0,- ~ " " , " 0 ~ < , S 0 0 ~ ~ ~ ~ " ~ 0 0 " " ~ ~ 0 ~ , " ~ , , i ~ 0 ~ " " ~ " ; , , ~ 0 0 , 0 n 0- " " 0 SO ro ;E 9 ~ u " , < " <" , ~ ~ ~ , " S ~ , 0 0 T , 0; < ~ " 0 r [ Q. . ~ < ~ a ~ 5P- ~ < " ~ bi 0 R w ~ ~ ~ Q. ~ , S ~ l ~ j Q " g 0 ~ 0 " '~ ~ < " ~ " " " 0 if "- ? 0 0 0 u 1 0 0 0 ~ i Q. 0 g 0 0- 3 ro ~ 0 ~ <" g ~ ~ ~ ~ ~ , , ~ ~ " ~ ~ 0 ~ " ~ , ,> < ~ " 0 ~ if g 5 a ~ .~ ~ ro ~ ~ ;) "- s , , " 0 <3 ~ ~ 0: ~ 0 11 2. ;;; ~ < " .~ 0- Q [ 0 0 "- J> n ~ 0 0 0 ~ n , " [ 0 C ~ , 0 0 0 Q. m 2c < n ~ , < " 0 " ~ ~ " , , " "- ~ ~ 3 ~ < :J' 0 ~ 0 3 ~ ~ ~ C g 0 0 g " ~ ~ 11 < '" ~ ~ S 0 0 ~ 3 rn 0 g- B " 0 C;; ~ 5 , 0 , r ~ ,~ 0 S 0 S 0 0 , '<" " 1 1 -37 ~ c ~ I/> '" ::l 3 --l ~[~*i o '" ... 0- [3 :;; ~ ~ ~ it" ~ j g ~ ~ f!:!;. 2- ~ 0" 5" i o:r ~. :;; ? ~ ~ '" '" ::J 1> I -i Oi I/> <g.~~2.S- ~2:.~iii ~~~~~' ~~~~O ~~ g i. ~ ~ ~ or ~ Q' <D::L'" ..._ ::> -, '" <D <II ~j~~Q <D c; - 1)1 <) ~~;!~ ~,2. g ~ ~~. - a..;;j Qs:g~~ J ~ j f~ 2 ~ ~ !l> 0 "'c ~~ ~~q;s; r'" :;: ,5" Q. ~~~~i ?' [~ ~.~ o ~ < ~ ~.3 ~ "'~~s '" -::r ~r &r ~ ~ ~ ~ ~ : g ~ ~ ~5 <: ",,", <D ~ (\) ;D a. - ~:. ~ ~ CIl z- o ~ 23 3 CIl G mil> ~ 0" 5!! ~ ~; 3 '8 g ~2.l*-~ ci ~ ~ It) cg ~ <D $ " c~ [ G 8 ~ (; ~ ~g~~~t : [~~ 9- ~ 5.::sl ~ ~ ~~ ~~~o,5~ Fozii:O~ :::r-" (jj 0 ~ ~ ~ iD [; g' ~ _ w ~ '" <tl "" :!. ~ ~ ~ ? 'g '!t CJ=-..Cl'" ~~. s ~ 5 : 0 -< ~ <0 ;;j!~~~ ~~. g. ~ ~ g 8 @. ~ G W 3 w =;, :::.. ; ~ 5. 3 ~ ~%g.:g: ~ !. ~ ~ <II <tl :;:. oIl '" ::l::: oIl (II u; (II 1)1 <C III ~ Q ~:.:o . . ~ ~, III ~ ::: ~ <Ii :::r ~ g ::i. a. ,.g : S:m ~ ~ ~ S ;::0 (II - :::r :i? ::5-::0< ::r"\J::l ;::0" 1ii Q;"'" < -i ::liSag- 3' (1'" n -oWo:To <3 III 1)1 III ::l ~~~~[ $ .z ~ :;0 )> ~ 0 III Q =- :;0 ~ OJ 0 ~ is 5. ~ ~~~g [!is';! ----i <.0 ~ ffi S. ~:l:O OJ ;! 9~ ~_ ~~og~ III O,l;:;' ~ ~ ~ 3 '0 :5 g :;:; g.~ ~ ~ ~ ~ :t ~ ~ 1\1 <ll n iD~~~ <g <C 0,'0 ~ O~' ~ - <;:: 0 11 ~ ~ ~ " '"10 (f)--l ~ g s i a.::l " 0 a.~~~ '" '" 0 - .g ~ g ~ "'0 ... -- =' III 0 iii" ~ !2:; < o-!I'n~ ~:oJ" ~ - o <\l'- OJ <I) II> w~ ~. Iii ~ 3' 3 (ii' ~, ::l ~~~~ o n (l; "' i ~ ~ Q _-1>0 g.'" ""0 ... ~ - ~ is 0 ~ m ~ .is .Q :J] ... <:: '" ;:; ~o ;; [ - ~ ~. ~. ~ fi ~ (j;':;: N f:' ~ '" o (1 Q. - :l 0 ([l _ ([I Q, ~ cD '5 il ::; ~ ro:i~ ... :r::r", iE ~ _ a ~ ~ Q ~ ;:: iii" 9- 3 ill C g.~; ~ g. ro .g 5: iii' 3 ~::i: ~ ~ ~ . ~ g (5 ~;.~ ~ ~ [ ~ iii ;; (D iii" ~ a.s: 6: o ::r:; n ill ~ o n 3 '" 0 '0",0.. :< ~ 11 :f & ~ 5-:; ~ . ~ =0 g.0' . . ~ o - ~~W5g~:~~~ Q a: g. S. !!!. ~ ~ 0 o~--o'a.3~??~ (1!!!..O~~<::OI2!..'" ~~"8g.~;~~~ 2~~~~'~~~~ !l a.!!!. ;') ()..Cl < 0" :J -. 1)1 '" ... :J C 0 3 ~;;~g'[S-~~~_ ~;!3o-<3g,~~ c. . < ~3'iz~<ggiii-5 o --c (II -< al ;::0 '" :J 1)1 ~m~5 'B..iOS!l Q$~:r-r~;;5$" ::l a. OIl :r __ --c a.--c "0.... < <P Ol U ~ g. ~g*~:9~~5 J~o<~a~~Q ~~gs';:;Vi["'~ Rn3ti;l~~~9 ~~~~~~;-;~ g:~::'i,;!;'~~~;::; .a .,. S- OIl ~ ~ VI :J :::r ;::;-~~5..o5~~< ~ 2. ro ~ '" g. ::- ~~&Bl~;-:f([l,~ <D <\l <... !l ([I ~~~~~o-~~~ ~~~'g<i~OVl~_ (1 ::l "';::0 9.. 3 ~ g'QSa.._Q~:r<-o ciS,..,. () S'? ([l '" 0;- ~ !!! ~!!! ~ n -l:l , ~ ~ -< - :r C ~ ~ ? g.::: ~-< ([l"lJ :; 0> la.g pi ~ 9., g. ~ diT~~"'9*~ e:~~~,,5.~::8 ~:E3~~~if~<g 32"([In::l<~~~ ('j g. ::t .~ ~-g~<5-<~'~ --c ;::. 5 S, <tI g ([I. ~Qf9~~Z~ [~;:O~~::r5-g. VI (") Vi < 5 :Jl ([l '5 ~.~.~~:~~~ ~~~;~m[~ ~~[~g~Q2 a. < s:. ii: .<!I ~ ~~ '" ~. ?:; j: :3 ~: iii ;;: . 11-38 o <:: 0"<0 m::1: (fl '" [g S-g:;;:'" s& ::: (1 :E 5.'cS ~ ;r; i g~~::i:n~"'~ 'lg:~~~o ~ g:g~~m*~~ '" 9.. ~ .g ~ g ~ ; a. "'0 0.. ([l --0 ~ (II 0 ~::: ~ Ul @ ~ Q. a. ~~~~~_:3~ ~ . {JJ~-<::rQ '" < Q> Q. < <II ~ Q. Cl" 0" ;jl ~ ;- g -< ::! ::i: .7 !a '3 g-__~, ~ N 3 Q (f) ;:- ~g~~~ ~ :- (II - '" (Il al ~ U) (i; ~ 0 '" '"" B: 3 - 'fl < g ~ ~ g ~-o :t (II _::l"O _ ([I~3~~~ 19,~~g,," ::r.Q!..~~Q::r <o<o::r :; ([l g ~~. -W ~ ~ ::). 5' 0 =-.2 m ~<o c 'fl ([l ~ ~ 9..:i5. ([) -==-:J ~~~~gj~ ~~ro~~6 !!L g; ~ ~ --c .::) ~3~g~~ =- ~ '" ~ n Q. a. 0" o' ([l Q> :r: -g <ll ~ ~:g ~ ~~g~~3 ~ ~ ~ gin --< Q. 0 ro - a E[~~~~ ~~o~ll_ : ~, g. 'g ~ g - ~"O 00:; ::3 ~ :;] S- co ;; u ~;:;. '" g. ~ ;; 'fl <0 '" 2."0 .g & ~<Q ~ ~ ~~.6<3~ 93om~""' !!L ~ 3 .g ~ Q Q> 0' 0 OJ -u::; is.. <\l "en i5 ~ "0 ii> ~ 0' = '" 3- ~~~~~g <0 a. ~ '" ~ J> ~ [[ '5 'g. l..."" 1~=::..:..:- ,.."-""-~ ,.....-- Q - Q- liiI- -.- EJn_ _ liiII... _ Q- !~~=.;":::;- W=-~_..;.. . [:J ~_ MSCP Subarea PlfllI The Chula Vistil MSCP wa~ adopted in 200:1 and illlpl0ll10n\ed ill J8111l;>ry 2005 Site 0 is locilterl within an me" tlm\ has been r,ovorod lllldur \hr; MSCP Submca Plan, Till"; MSCP cst;'lblisl1es condilioos under which the City for thf) 110I101i\ 01 Ilsdf and land r:!lwelopcrs, TOadvos frOlll tl18 Wildlife AgslH;ies long-tollll lake nuthori7iltions lor wllellifo sp~)(:ies covered under the MSCP. Sit(; developmonl is, Iherelom, slrcill1llinl'd undel \11<" MSCP. All tlovoloprllnnl on Sito I) m\Jst comply with the applicabk MSCP cO!ldilioll~; of (:ovar.3~j<: ilnd rrW;f~rvnarliaCl)ncy gllidolincs, fn arJdilion, tloo dilVOloprnent oflhis silo will nocossilatn tllorlediciltion of proseI've IAllel consistent wilhlhQ wquir<Jnlents of Iho MSCP Ille EllvirOlllllontilllmpacl Report for tllll City o[ Chul~J Vista (1nnmal Plilll Updlltn rl,~finos the 90fll~ of tile Chula Vi51;; MSCr SUl1'l[()d Plall as lollow.'; . To consQtvnCnveredSpccio5 Andlheir Ililbit>1tsthlOUgh tl,o cOllsmvHtiOI1 01 il,tercorll1ectcdSlgnificlml h,~ bita I eo res ~ Ild linkages. . To c1olin('~t(1 ;lIlU ass;Jn)olf' fl Preserve using;'l vRrielY 01 tochniques includin\l public ilCqllisi\ioll, on. nnd 011. site miligatiol1,llnd l<lnd use n~glllalioI1S, . To provide a f4-escrve Milna~lOnlont ProWi1lfl tllat. t(91)lhor with the fodeli;ll ami slate Illana\t0l11cnt d(:tivitio", will 11C carried O\lt over tllC lony term, fllrth,~1' cn::;urirlg 1I1Qconsorvation o[ COVl)T0ciSpccics . To provide 11(lO,:ess.)ry flllldill!J for a PflJsel'v(1 IllJIl~gomcnl prO\l1811) and bio[ogicill monitoring of tile rIOS8rVQ. o To rcclucf' or eiillliMte r8liulldi1ol fodel'31,stilte, i'lrldlocal nilturi'l irosourccrcglllatorycll1dolwironl1lOI1\('l1 ICview of individual projccts by obtaining fcneml and ~tale Cluthorizations [or 86 covorod spocies. ('OUIJer, Itoherl~ull & l'lll.lner~ i\r"'lilrrlwl', (h1mn lJrgiYJi Otav - Site D Bi:isod all Ihe brief field visil Site 0 occurs on a terrace just north 01 tho Olay River with gently 10 nloderately rolling topoglaphy donlini'lling the majority of the sile and Sleep topogrilphy dominating Ihe soul hem partioo of the sile_ The entire sile is undeveloped and composed of native imolor non-nHtive plilnts and vegetation communities. Approximately 90 percelll 01 the site is dOlllinated by non-native grassland, TIl\l southem and I'om;'lining portion of the site is dominated by sparse to moderalely dense coastal 5i1g0 scrub alld rnaritinle succulf,nt scrub In addili\JI1, several ephemeral dlalnages cross Site 0 in anOTth-solllh diroction Sit8 D is conlpll~od of undeveloped lamJ that is bordered by the Otay River to the soulh, Stat8 ROl'te 125 to the west, undeveloped lilnd 10 tl10 cast illld w0st, and undevelopod [and ami residonli;'ll development to the nortll, Sile D consists of vacan\ land that W8S historically llsrd lor i1yricultll[Cl (dry IMming), 111 fI regulatory records scarelt no lislillgs for Site D or i1ny nearby sites within the ASTM search lillili wore returned Duo to Ihe historical ilgricullurillusClgo 01 the sito vicinity, illld 1110 lack of allY non-agriculturill deveioprnenl in the area, no listlllgS would be expeo[()u. Historical aeri31 photogrflphs show contour plowing of tho paris 01 Site 0 on hilltops and ridlJes The lower portions Istream cll<lnl1e1s find Lhe area n0al,,::;t OLay Valloyl were apparently not used fOf agl'icullllre FIGURE '-2 Sensilive Ve!JQlarion COI/Jl!lum/ie<. Silo 0 contains several sensitive vegetation communities including coastal sage serllo anel nVlritlnlf" succulent scrub which haVf~ the polontial \0 support sonsitive pial II 8ndwildlile species In Addilion, olher polenlidlly-occurring sensitive hiological resources include jurisdictional wetlilnds Clnd a wilcllilo corridor These exislillg and potentiafly-0CCurdng sensitive biological resources milY pose a constrain!. 10 proposed [h~volopnlOlll. howover. pursuant In the MSCP 1I1Oro i1re nol many knowll biological conslralnts upon SilO 0. As pari o( "'Iequired EnvirOlllllentalllllpClct Review for i'l new sladium it is IGcenlmended that a biologiCi'll reconnaissance survey he conducted 'Nithill Site D to determine if focusod surveys for sOll"itiv(~ plants, sensilive wildlife, and jUflsdiclional wetli'lnd resourtes clre needed Impilcts to SCllsilll'e biologil:fll resources conSidered sigl1ifiC:im\ under guidelines set torlh in the CEOA and the City 01 Chula Visla MSCP SlIh',~reil Plan would lequimmitigation ~ ~ en C') 1 Smls/llVe Wlldlifn Sito D conlains sevoral sensitive vegetCllion comnll.lnities that have potc~ntiill to support sensitive wildli[e specie_~ A brier field visit idf'lllillecl 111(' sOllthel11 portion 01 lht~ sile as containing potential habital [or the lollowing sensitive wildlife species . rorll'rHlly-onrl,lI1gf)[0clquino r;llockerspot buttorfly(Euphydlyas ndilhfl quinol . Ftlderally.lhroalcned cOilslfll Cillilorniilpllalcalcho[(PolioplilflCillilol'llic:acillilornic:o) . Cnlifornia SpeOIl,,, o[ COIl(:1)f1l Wllstllrn burrowinq owl (ALhl~ru, ClInicularial InMldition,ti1edlilinl1!Joswili1illlhesouthernpotliono!lhosilemaycootaintreesthMprovidesuitablohahitJttoll18stinqraplors.Focused protocol surveys for tllese sensitive species arolikely tobe requirod, However, a biological reconnaissance survey is recon1l11onded tevcrify thesn lilldin\-,s. identify \1m potelltiallor the presencO o[ any oth",r sensiLive specios on-sile, and determine if focused surveys lor ony other sCl1sitivewildlilospecioswoulrlborequirorl Sd,'A""IV",I"r a New Slodill."I"r lIle (1l''''iOh SC'pl~lllbm 2007 " Wi/(/lifeCorridors A portion of Site 0 nlay be considered 10 be contrihuting to 8 wildlife corridor, However, a biological reconnaissance sur'/ey IS rec0l111llend8d to verify Ihislll1cting and for furlher comprehensive Mli'llysis of wildlife corridurs H1 \lle Moa Sensitive JWIsdicll0l1fl1 Areas Basad 011 ObSOfValions dllring a brief field visil. Sito 0 contains several potentiAl )Ulisdictiolli'll resources lIs adjacency to Ihe MSCP Habitat preserve mnY po~e a conSlraint to proposed developmenl Specifically, MSCP SubAreA Plan mitigation would morc Iheln likely be required Hazards and HillilrdOIJ5 Malerials No indicalions of present or historical presence of hazardous mCltmiflls on Site D were found, The usage of agricultural cherl1icals such as pesticides, herbicides or heavy metals, if llS8Cl. would nol be indicClted on regulatory dalabases No off-site (ilcilities within the ASTM searell radii were list('d. The potential for environment81 im[18n to Sile D arising from an off-site source is very low_ Under a redevelopment scenArio the pOlentiai for inlpactS to groundw~l('f and/or soil underlying Sile D is very low, The only potentiAlllazardous-milterials concern would be l1istoricfllusagoo(agricllllur8Ichorl1icals(peslicidog, herbicidos or heavy mf1lalsLAsa due diligence measure, a screen illg Environnlenlal Site ASSeSS!llfHlt consisting of sampling of ~urface soils for pesticides. herbicides arld 11eavy nletals larsenic an(llead) should be performed before dovelopmenl Soi/Comllliolls Bi'lsed on the USGS Soil Survey, Site D has four mapped soillmits . Di:lC Diablo Clay comprising most of 1110 site running from north to south . DaD Diablo Clay occupying Ihe northwest portioll of the site in two hands . LsE linneclay lomn occurs III three bands occupying lhewest, SQuth. and southeast portions of the site . Qhe Olivenhain cobbly lOAm occurs in two bands occupying the southwesl rmd soulheast portions of the site C) "'" I ~ ~ Tl10 Diablo Clay and Olivanhain IO"lm, have slow to medium runoff. The Linne clay IQClnl hilS medium to rapid runoff. As indicated on the Final Environmenl,3llmpact Report lor the City of Chula Vista General Plan Update Cllula Vista these soils C1re part of the Otay Formation, This formation has reasonably good bearing characteristics. low sheer slrength and may be subject to expansion, AClive landslides find ancient landslido deposits have been 1l1apP8d in areas underlain by tho Olay Formation The recent construction of the SR-125 freeway reported special soil Tcqllirements as nlinirnal and only issue was the use of High Density Polyethlcnc (HDPE) drainage pipe due to the corrosive nature of the soils Site D would be suilClblc lor the devclopn10nt only if a specific geolechnical evaluation of on-site soils was conducted to determine expilnsion potential and to determine iflhe proposed project is in-conformance with policies of Objective EE 14 identified in tho." Rnal Environmental Impact Rf'porllor the City of Chula Vista General PlanlJpdale .1f1 COOI/cr, Roherl~on & l'll.rlnu.. Iln'hiltrllll'r, Ul1'nnlJrsi!!" S(~I~WlliC In regnrn to liqu~lilclion, thf] imp8CI fOI this sil.o r;ould be assunled as negligihle There are no loose ljIal1ular ~oil~ and nOI)-plastil; "ills that could be siltuTatedanri no shilllow grOUl1nwClter lahle Hydrology find Drfllllfl!JG Thr: topography 01 Site D gellor"lly drains to thc south amI towards the Olay Rivrr Valley A similar hydrology and drainage 5\lstcnl vvould be lIoeded 10 bc provided as with lhe 6ay(rollt site applying to a diflerent set 01 criteriH \0 control rllnorr into tho Olay River Valley open SpilCO ~ Soe"ilivnbiologic,11 resources lllat Inay pose r.onslrilillts inc1uuevegetation communities con.~icJered sensilive and regulilt<:d by local, state, alld fedoral rcsource agencies: sli'li(~"!isted. loder"'lIy.lislerl, and Cillifornia Ni1live PI.9nt Sociely lCNPS) List 18 or 2 plant speclcs; state-listerl, fodor.1I1y-lisled. and fully protocted wilrliifo spocies, and certflin California species of specii'll concem ~io" burrowing owl); region,ll wildlife corrit1OT~: and wetland resources considered jurisdictional by US Army Corp::; of Engineers (USACEL Regiollal Waler Qualily Control BOi1Td (RWQCB1. and California DcpHrlment of Fi~h and Game (CDFGl Sensitive plant SI'(lcies an;) spoci('s that ,Jro: H listed or proposed lor liSling by state or fedeml f1gellcies as threAtened or encbnQl'rcd: 2l Oil Lisl 16 (considored cndanllererl throughout its range) or Li~12 (considered endangered in Califorllia bul mere common elsewhere I of thC1 CNPS's Inventory of Rare and Endangered V8sculal Plants of California: or 31 considered rare, endangered, or threatcllod by the State of California or other local conservation agencies. organization~. specialists, or lhe City of Chul" Vista, NOlcworthy plant species Me considered to be those which are on List 31moro information about the plant's distribution and rarity needed) and List 4 (plants of limited distributionl of the CNPS Inventory_ Any impacts to planl species listed or proposed for hslillg by slate or federal agellcics as rare, threalfmed, or endangered: listed as endangered (List 1B or 2~ by CNPS: or listed as sensitive by the City of Chula Visla would he considered significant and would require mitigation under CEOA and the City of Chula Vista MSCP SlIbarea Plan ~ q- I ~ ~ Sensitive wildlife species are specic~ 1hal are: 11) listed or proposed lor listing as threatened or endcll1gered by US Fish and Wildlife Service ~USFWS) or CDFG: 12) designated as California fully protecled by CDFG, (3) given lhe informal designation 01 Califomia Species of Conccrn hy CDFG: or (4) considered rare, endangered. or tllrealenecl by local conservalion agencies, organizalions. specialists, or tile City of Chula Vista In addition. raplors (birds of prey) and active raptor nests are protecled by the California Rsh and Game Code 35035, Wllich states lh"l it is "unlawful 10 take, possess, or destroy any birds of prey or to take, possess, or destroy the nest or eggs of any such bird" unloss authorized The foderal Migratory Bird Treaty ACl (MBTA)- which restricts the killing, taking, collecling, selling, or purchasing of nAtive bird species or their parts. nests, or eggs _ also provides legal protection for almost all breeding bird species OCCllrring in the US. Any impacts to wildiife species listed or proposed for listing by slate or federal agencies as threatened or endangered designated as California fully protected by CDFG, or listed as scnsilive by the Cily of Chula Vista would be considered significant and wOllld reqllire mitigation under guidelilles sellorlll ill CEOA and tile City of Chula Visla MSCP Subarea P1an_ Wildlife species d"ssified as California Species of Concern by CDFG are not typically provided legal preteclien: however, lhere are exccp\ions fors Oll1C species such as burrowing owl S,!t' A,,~lys1.> for" New Stadi'JI" far th~ Ch,"aor, Seplember2007 3~ z o ~ , d t1i23~~ "0n:: ~~~'" ~ g (3 ~ rn '" ~ ;0 g- '2 g 5.2.~~ ~ g-< g 'l> .2. ~ ~~~~ a.:3 ~ iJ :;; g ro ~ ~ g- Q ~ ~ :3 c < ~ 0;;- g- .z g ~ S ~. ~ ~:E ~ ~ ~ ~ ~;=~g 3 J;> ~ g" ~ Q ~ ~ g- 6 -- g' :3 g; ii Cl" " _. Cl" 8l ~ -6 ~ ~; ?2 i ~ ~ g <3 2 ::; _ s: ~a' ~ K m::: ill'" [~~ <0 "' 5i to ~.2. [R : i ~. ro 'l> ~ 'P:; n:3 Q :-"2 g,g. ;;l n 2 w ~ ~ Q ~ W 5'''' '-' g: g R ~ ~:; ~ ~ ~ g ~ @i Q 0 ~ ~ ~ ~ ~ ~ ,., ::: ':> ~1l.% -'-" - '" ,;:: ~ CD (6 ~ ,g- :2 g ~..o.' ::::~~ n ~ 0 [ g g r; ~ . - o n ~ " IT a ! -...J -....J W 90" ;! Q L" 0 C (Il ~~ii-i! ; ~ ~ ~ ~ ~ (5 I _~ Q ~ ~ ~ g g ~ " ~ ~ G>~ . 0 ::: C) ~i - 0 --< - '" ].'g ~ !!!.. rti c (II 1Il C~., 3 ~~gN~ ~~; o - ,; a o " !!!.. ~ o ~ ~ ~ Z;;~ g Q g g 5 ~ S- @ ~ ~ :< ,. o o a c: u o ,; a ![ <': IT . o ::: ~ 2~ u 1]- ~ :;: r." [ NIT o ~ 03' i5 ~ ~ 0 f ~ m . ~ ~ g Q- 3 ~ ~ ~ '!!. ;:: 3" [ ~~ o 0 ~ 0 ..2 3- g :; 5 ~ 5i m o a [ ~ .:n 0'" -< n ~ 11-42 I 0" * IT . o 0 g g 0; . S ~ ~ , . ~ ~ ;'-~ o m o " ~Q 5 3 :;. " . S_~ ~ a ;:; Q. ~ . 0- u 3 . 3 ~ ;0' " o ~ 3' . < g " ~ 3' . - o . . ~ . o . @ ,; o IT < ~ . 3 . . , , . m . . a n ;; . .- o 5; i5 ?'lO- . 0 o 0 '" 0 ~ <Ji S-cc to n ~ 6 (J) IT 0 < 0 ~ "';n 0;::J 1> o ~,~ ~..-.~ ~~ ~ [ ~ ~~ ~.~~ :;: ;; ~ R 2 ::J- ~, <' . ~g~ ~- ~ E: '" '3 q; - -.- ~- ~ > ~ e. ~ ~. OJ ;;: 3 ~ '" ~ co ~ '3 (ii 0.<: .::,l ~ 3 o IT . gro !:...2. . - < 0 u; ~. ;:;; :r; L ~. ~ "[~ n S o o 0 . 0 zQ o 0 ~~ ~ - ~ Q..~ l~~m~ ".:.: b' [. ~ a ~ 3 5r ?5 ~ ,oo~gQ~; ~ ~ ".. CD ~ Z '" ~:>. 3 a S" < ~ ~ (I) w s: ~ ;_~fil~~ i ~*%~ ;::.< :'iii g ~i!i" ~ 0> 1ii !e,.<!L?,c; n 6 g. ~ -5 Z <Ii 0 '" ~ II! (I) 6':: is" - ~ !e,. ~ CL B: ~ 6 Q ~ ~ % ~"~ :l :E <II <II '" ~~~~~ .=. ::r- w ll> c; "iii <II a..:i o o.."U <II 0 ~ ~ ~ ~ ;' ~ ~ : ~ ~(O~! ~ ~ ~ ~ "" nO-" ~ IT ~ ri f ~ 3w~~~ m ~ ;r 8 ~ '" '" :t> ~ ~ ~ g,,,(Q ':L blo- ~ '" ~ '" '" 3 ~ ;a ;!'] o - o ~ ~ ~- ~ 0 TABLE 1_ Sound levels end Humen Resp<lnn Common Sounds Carrier deck Jet operation Arr raid siren Noise lnlll (dBJ 140 Jet takeolf (200 feetl 130 Thullderdap _______ Discotheque 120 Auto horn (three feetl _~__~'"._. Piledrivers 110 _~~aw(tw~~L--__ . Garbagelruck 100 ~~ow:~J~~~r::!,?~er (fou~I~.=.~! Heavy truck (50 feet) 90 City traffic Alarm dock (two feet) 80 Hair dryer __~~aner(fiveleet)_.~_ Noisy restaurant FreewaytraHic Man's voice (three leet) , Air conditioning unit (20 leatl light auto trallic{1001eetl 70 60 50 ('OUller, Roherl~"l1 &. I'arlner~ An'lrilrrl.iIf'r. L'r/mll fJrsi!/JI TABLE 5.12-1- Exterior Noise limit5 Eff8~t Painfully loud Noise level (dB(AII 10 pm to 7 am (Weekdays) 10pmto8amlWeekends) All residential (except multiple 45 d!\'El11!119),_ tv1u!!i~~e__d_~ell!~g__~_e~~e_l1tlal 50 C_~.cnI1:1:~i_a!__.___,_._,,_____ 60 __~"__ _J:'.g~!,'!::~.~~:~-=-~B_a~ 1~_z<:'_~~.__29_,_______ Heavy industry: I zone 80 7amtolOpm(Weekdays) 8amto 10 pm lWeekends) 55 Receiving land Use Category --~-~ 65 70 80 Maximumvocalellort Very annoying Hearing damage (eight hovrs) Anlloying ~ ~ Telephone use difficult C') 0:1" I Intrusive Quiet Living room 40 Bedroom Ouietolfice library 30 Soft whisper (15 leetl _Bloadcastingstudio _~___~__ Veryqviet 10 ___________~s!_audibl~_______~_ o __...~__rJ.eallngbegin~._~____ Sl1eA"olys,s 1m a NowS\adl"cnfOllheCh~'(Jors SeDte~lbc' 2001 " Otav - Sile D lJ~;llg Ihn Pelc\) P<lrk as a comparable example', the noise contours lor a new stadiurn in Olav on Sile 0 would roaoh inlo the neClrlJY area:i of tho universily/Lech park sile ilnd potonti",lIy inlo cOlnmrrcial meas Lo the north i'lnd south, as well as SR-125 011 the west. Por the SEIF1. bailpmks (rnni1\ling also SLildiumsl <1re considered compatible with noise environmenls up to 75dB CNEL. therolore, Iho Lmdeveloped land S\lrrOllnding Site 0 would need lO include potentii"ll noise from tho sladiunl site as pilrt 01 its plellllllng Depellllillg on the three proposed loc;]tiolls ollhr sl<1diurn clllrl usin[,l Fiqure 5.12-7 Year 2030 Noise ContOlns froill Chilplcr r, 12 lrolllLhc Fillal EnvironmontallmpaCI Report fOI Iho Cily 01 Chula ViSla Gencr<11 Pliln,lhe IOllowing could potentially occur . A plOposed stadium location c1osos1 to 1110 SR-215 would be impactod by l1iyflway noiso estimaLed around ili 10 70 (dBill . The proposnd looil\lon lurll1os1 away lroill SR-125 is of a ranye betwoen 65 10 below 60 ((mil) Nl.liso sef1sitivo rccoplOrs would ue provided as pelll 01 a futuro detailed noiso i1nillysis illlhe vicinily 01 (he slildium Ilnd checked lor oxcnssive ouleloor noise. To be noted por the Potco SEIR. typically noise IrOln lireworks displilYs iluthorized by perlnil ['OIll 1118 Rrc DcpilrlmOnl is exempt Ir0l11111058 lin1ils q- q- I ~ ~ AOUfIE5.1'l. YIIO,10JONois-eConlov .12 ~ ~ w 0 u 2 " 5" ~ "- Q " ~ ~ n ~ n m ~ I l , Q g 0 > 0 ~ g < 2 0 0 0 S 0 ~ ~ '2- , ~ >: i 0 0 0 , ~ 3 < g "- S 6 0 " ~ ~ e 0 ~ ii > 0 < " 0 "' u 2' ~ , ~ 0 0 0 ~ ro ". 0 '" , ! " 0 0 " > ~ u ^ 0 0 I 0 0 " " 0 ~ 0 1 ~ ~ " ~ 0 0 '" 5 ~ 1 2 , 0 u , S "- 0 ~ ~ ~ ^ ~ , 0 g 0 ~ 0 0 ~ > ~ > 0 ~o w n a 0 > , n 0 0 Ii 0 ro z 00 S ro 0 ?if i " ;; 0 po 0 ] 0 ~ ~ 0 ~ u " , " ~ 0 0 " c , g ~ ~ rn 0 > < 0 , < j 0 w 0 > 9 ~ '> m i > ~ ro ~ ~r f 0 , r " '> '> 0 Ii 0 i 0 ~ g i ~ [ [ c jij 0 0 ~ 9 n ~ N ro g- o N ~ 9 ro CO [ ~ e w ~ ~ 0 S 0 ~ C 0 0 ~ S ^ g ro ~ "- ro ~ rn 0 ro 0 0 , 2 0 ~ 0 ~ ~ " " j 0 0 0 0 0 0 " ro . $ g 0 0 g- < 'ii " 0 0 " > 0 < 0 , ~ ~ , -g > '> 0 0 '> 0 x r 0 ro s 0 "- S 0 ~ ". 0 a 0 ~ :c 0 ~ ro . 0 n iO ~ ~ Q ~ 0 " 3 % 0 z ~ " , < ~ " 0 ~ 0 "- '" fL ~ ~ 0 ~ 2- < 0 0 ro '0 i "' ~ ~ ~ , > 0 > "- ~ ; n ~ ~ 0 ~ ~ ;5 '> 0 ~ w ~ 0 ro S- ~ , < ~ 0 ~ 3 ~ 0 6 " 0 0 0 2 ro 0 0 , 3.: Q 0 0 '! 0 g m a > 0 ro ~ w 3 '> 0 " 0 n [ ~ , 2 ~ '> ~ 0 > 0 ro ~ Z l is ,. u w ~ ~ 0 0 ~ g ~ 0 m :;;; ~ 0 ~ :1: 3 0 0 ~ 0 r S ~ u g 5 " , 0 '> n ~ ~ 0 , 0 ~ ~ f ro "- , w 0 0 ~ ~ Iii , iii' 3 3 2 w ~ 3 ^ " g ro m N 0 "- r ti N 0 0 '< " 0 < 0 "" ~ ~ ~ 0 " ~ @, 0 '< 0 ~ m ~ 0 5 0 8 s ro i m 0 ~ 0 " < ~ . , ~ " 0 0 ~ 9 a ~ S " ro < ~ m 0 Q s 0 ffi p 0 i 0 '> 0 0 g " t 0 ro . ~ ro 0 ,~ r 0 . ~ 0 < 0 0 0 '> " n 5 m 0 i S- ~ e 0 0 0 0 , 0 ~ " ;: 0 g " i ~ rr '@. rr " m 0 ~ 1 s ~ ro ~ S 0 g ~ ~ 0 >: " " 0 0 ~ 0- 0 S 0 ro , , 0 0 Q '> ro a ~ 0 g 'i 0 '" 0 m 0 :f 0 ~ g g rn " m 0 :c :;- ~ ; 0 g 3' 3 ro S ~ '" 0 , 0 s. , c ~ '" ro " . 0 D <0 6 g " 0 , " ro 0 Q 0 "- 0 "- 3 0 Q < , n 0 3 0 Q ~ m < g ;; 0 0 ~ > 0 Q I s 0 . ~ m ro 3 < 0 '" D 0 C ~ ~ ~ " 0 " ~ ~ " ~ ;::) ~ ~ c ~ " ~ w " ~ ~ ~ 0 ~ 0 ~ ffi ~ <i ~ 2 Q 0 , 0 0 '< ii 'E r Q ~ '" 0 0 0 ~ , ~ Q . g, Q 0 0 , 0 ~ 0 C " , ro C S ~ 0 ~ rn ~ s g 0 " , 0 0 " ~ '" 0 0 0 0 Q " ~ ~ 0 , rr 0 0 0 ro "- ~ s. ~ f "' c m ro 0 rn ~ 3 , 0 ro ~ < 0 <' ~ '" .0 < ~ ~ ro "- g < ~ on s. " ; 0 0 .S- ~ '> ~ " Q " 0 a: ~ Q ~ ~ c 0 0 S 0 { ~ 0 '" rr i> 00 E '< 0 0 ~ 0 w 0 0 m S. Q < < ~ n 0 0 0 i 3 0 ~ Q 0 0 m 10 0 0 Q ro 0 < " " 0 ru " ~ ~ 0 '" w 0 0 S 0 " ~ G " 0 :0 0 0 0 [ 0 ~ " ~ " ~ is ~ 0 ~ < ~ , , > 0 ~ ? 0 ~ ~ 0 " Q 3' 0 u 0 ~ 0 0 0 ~ 0 , 0 ~ Q 3 " , " 0 , Q Q 0 ~ !!. S S " c 0 p " 0 0 ~ ~ rr m N 0 m 0 Q , m 0- 0 0 r m . ~ 0 "- co 0 < 0 < ~ S- o ~ " 0 ^ ~ Q S 0 ~ 0 ro < , ~ 0 " g ". , "' ; ro .~ 0 ~ is 0 ~ ~ ro " 0- if ~ ~ ~ ~ 0- m ~ " 0 ~ c 0 ~ 3 Q <5 Q g , m ro 0 " c , 0 ~ S 2 0 r ~ ? ~ 0 " ~ < 0 " 0 s. , ~ " '" ~ 1 1 -4 5 (") ~ S:" > 0 ~ , " 'f :;, 0 'j; ('l - CD ~ "'C , .... " ~ c " III " " - 0 , - - [ - c ~ IJl .... 3 ... III ::t. ~ 0 f :;, IJl 11-46 n g '\ i '/'\ ~ .... V> " o CJ . ,<I( ...\ iii" . --r..., " il . .,'\\., 3 ')"", "'~'" ,/< ..- , ~, ( \\ I, II , ~ , 11-47 (") o o o m "S c "- [ ~ <' ro OJ m ~ ~ 'i' ~ - - iO ~ f " 'j, - 0 ~ , CO ~ , - . - >. 0 f ~ ~ f ,~ [ ~ 0 11-48 . n o o n m "0 C "C '" " o ". ~ ill 3 11-49 n o , o ro i' '"- c !'\ 91 " ro :D ro o a. ~ 3 ~ , ~ , ~ , f , , . > , ~ , ft ~ > 'f 0 'l. I , ~ :;, < ~ 3 ~ J'. . 0 11-50 ~l~ -.- "-- ---- ...;:::~~= - -:.,.- Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax SEP 1 0 2007 cf- MEMO CIlY OF (HULA VISTA September 10, 2007 TO:~~9tfl;/~~:B~Ii'li'gtt:'oe'pLitY Cify'Clerk O~_) 0-<:,1 FROM: Jennifer Quijano, Constituent Services Manager RE: Growth Management Oversight Commission Mayor Cox would like to recommend Eric Sutton for appointment to the Growth Management Oversight Commission as the Eastern territory representative. Eric will replace Joe Little. Please place this on the September 18, 2007 Council agenda for ratification and schedule his oath of office on the September 25, 2007 Council agenda, Thank you, cc: Mayor Cox '1-Ic::>-o7 Ny'. "'S~ .Jc,es no\- ~v.ec-.~\1 ":'9' ~ 0'<'1 c:~'\,,>.'.... \J~ ~c.c. . 0" '-1 ' "'I. ~. ...... r ~ (ft.- -.- "-- - - ----~ - - Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax SEP 1 3 2007 r!- IO;IfOItM ~ CllY OF (HUlA VISTA MEMO September 13, 2007 FROM: ,h~f!'afne'Bgnnetf!;,fQ.ept4tyCity,()I~f~;,'P';"~' Jennifer Quijano, Constituent Services Managertf Youth Action Council~1\.~- \ '!.:-<.> I TO: RE: Mayor Cox would like to recommend the below individuals for appointment to the newly established Youth Action Council. Please place these names on the September 18, 2007 Council agenda for ratification and schedule the oath of office for the September 25, 2007 Council agenda. Vandy Cam - Otay Ranch High School Flavia Casas - Eastlake High School Valeria Cuevas - Eastake High School Samuel Culver - Eastlake High School Yazmin De Saracho - Hilltop High School Mariana De Saracho - Hilltop High School - EX OFFICIO OFFICER Cassie Evans - Bonita High School Kate Googins - Our Lady of Peace Erika Gracia - Chula Vista High School Matt Hoffman - High Tech High Chelsea Rodriguez - Hilltop High School John Tessitore - Bonita High School Elizabeth Vargas - Bonita High School Thank you. : fllteli~...':>.~'i "S~v~,<>{ <:I), ~ c:l",,-\', /~ k><Vi~ a:.\.1tv...,S\~C),"" cc: Mayor Cox .~ I /3106 .