HomeMy WebLinkAboutAgenda Packet 1995/08/15
Tuesday, August 15, 1995
6:00 p.m.
'" declare wnder penalty of perjury that I ahl
employed by tile City of Chula Vista in the
Office of the City CI~r:< ~nd the, I pas' cd
this Agen::!:/Noticc on 'the 3u!:a~in Board at
the PUb'~7~es DuT:iin~: end at City1"!all on
DATED, /~ if SiGNED f;/~ "
RellUlar Meetin~ of the Citv of Chula Vista Citv Council
Council Chambers
Public Services Building
CALL TO ORDER
1.
ROLL CALL:
Councilmembers Alevy _, Moot _, Padilla _' Rindone _, and
Mayor Horton _"
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
August 8, 1995 (Special Meeting of the City Council) and August 8,
1995 (Regular Meeting of the City Council).
4. SPECIAL ORDERS OF THE DAY:
a. Presentation of students visiting from Odawara, Japan; Hiroko Suzuki, Yosuke Ebashi, Yumiko
Toyoshima, and Kaori Kusayanagi.
b. Oath of Office:
AlZinlZ. Commission on - Donna Daum;
Cultural Arts Commission - David F. Greeno;
Human Relations Commission - Rafael 1. Aguilar;
International FriendshiD Commission - Belly Chou; and
Mobilehome Rent Review Commission - Jeanne M. Reynolds.
c. Proclamation commending Officer Barbara Rudesill. The proclamation will be presented by
Mayor Horton.
*****
Effective April I, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be available in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through 10)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled 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. (Complete
the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that there were no observed reportable actions taken
in Closed Session on 8/8/95. It is recommended that the letter be received and filed.
Agenda
-2-
August 15, 1995
6. RESOLUTION 17996 APPROVING AGREEMENT WITH UNISYS CORPORATION FOR THE
MAINTENANCE OF HARDWARE AND SOFTWARE FOR THE UNISYS
MAINFRAME COMPUTER AND WAIVING THE FORMAL BIDDING
PROCESS - In September of 1990, the City installed a new mainframe
computer, the Unisys V-430. Maintenance on the computer for one year was
included as part of the initial purchase price. In July, 1992, the City entered
into a three-year maintenance agreement. The new contract is also for three
years and includes fealures requested by the City such as an annual rate cap and
several performance thresholds which must be met by Unisys. Staff
recommends approval of the resolution. (Director of Management and
Information Services)
7. RESOLUTION 17997 APPROVING AGREEMENT WITH UNISYS CORPORATION FOR THE
LICENSING OF SOFTWARE FOR THE UNISYS MAINFRAME
COMPUTER AND FINANCING THE COST THROUGH UNISYS
LEASING CORPORATION - In September of 1990, tbe City installed a new
mainframe computer, the Unisys V -430. Included as part of the purchase
agreement was a five-year lease of the system software. The system software
includes the operating system, COBOL compiler, and the data base management
system. All of the software products are proprietary products from Unisys and
are licensed directly from Unisys. The license agreement will expire in August.
In order to spread the cost over the next three fiscal years, staff has negotiated
a contract with Unisys Leasing Corporation to allow the City to fmance the cost
of the lease. Staff recommends approval of the resolution. (Director of
Management and Information Services)
8. RESOLUTION 17998 AUTHORIZING THE PURCHASE OF TWO CASE 590 SUPER L LOAD
BACKHOES AND APPROPRIATING FUNDS FOR THE PURCHASE OF
ONE NEW BACKHOE - The fiscal year 1995/96 equipment replacement
budget provides for the purchase of one new backhoe for sewers. Resolution
Number 6132 authorizes the City to participate in a cooperative bid with other
governmental agencies. The City is able to obtain the backhoes from the County
of San Diego Bid Number 40263 and National City Resolution 94-157. Staff
recommends approval of the resolutions. (Director of Public Works) 4/5th's
vote required.
9. RESOLUTION 17999 APPROVING FINAL MAP OF TRACT 95-03, EASTLAKE SOUTH
GREENS UNIT 20 PHASE 2 (VENT ANA), ACCEPTING ON BEHALF OF
THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP,
REJECTING ON BEHALF OF THE CITY THE OPEN SPACE LOTS
GRANTED ON SAID MAP, ACCEPTING THE EASEMENTS GRANTED
ON SAID MAP WITHIN SAID SUBDIVISION - On 12/20/94, Council
approved the Tentative Subdivision Map for Tract 95-03, Parcel R-20 of
EastLake South Greens, known as Ventana. On 3/21/95, Council approved the
first development phase. Staff recommends approval of the resolution.
(Director of Public Works)
Agenda
-3-
August 15, 1995
10. RESOLUTION 18000 APPROVING FINAL MAP OF TRACT 93-03, TELEGRAPH CANYON
ESTATES NEIGHBORHOOD 3 UNIT 7, ACCEPTING ON BEHALF OF
THE PUBLIC THE PUBLIC STREET DEDICATED ON SAID MAP, AND
THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT - On 1/19/93, Council
approved the Tentative Subdivision Map for Tract 93-03, Telegraph Canyon
Estates. Staff recommends approval of the resolution. (Director of Public
Works)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posled as public hearings as required by ww. If you wish 10
speak 10 any item, please fill oullhe "Request to Speak Form" avaiwble in Ihe lobby and submit it 10 the City
Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete
Ihe pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
11.
PUBLIC HEARING
ADDENDUM TO THE 1993 UPDATE OF THE PUBLIC FACILITIES
DEVELOPMENT IMPACT FEE, WITH NO CHANGE IN THE FEE
AMOUNT - On 5/23/95, Council determined that the EI Dorado office building,
315 Fourth Avenue (a facility proximate to the Civic Center and capable of
meeting the City's interim office space needs) is currently available for purchase
at a reasonable price. Council directed staff to pursue the City purchase of the
building as part of the Civic Center DIF. The purchase is anticipated to be an
interim step in the implementation of the Civic Center Master Plan and is not
expected to affect the end cost of the project. The proposed addendum to the
Public Facilities DIF will not impact the level of fees assessed. Staff
recommends this item be continued to 9/5/95. (Deputy City Manager Krempl
and Senior Management Assistant Young) Continued from the meeting of
8/8/95.
ORAL COMMUNICATIONS
This is an opportunity for the general public 10 address the City Council on any subject matter within the
Council's jurisdiction Ihat is not an item on Ihis agenda for public discussion. (Stale ww, however, generally
prohibits Ihe City Council from taking action on any issues not included on the posted agenda.) If you wish 10
address Ihe Council on such a subjecl, please complele the yellow "Request to Speak Under Oral Communications
Form" availilble in the lobby and submit it to the City Clerk prior 10 the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action. Your time is limited 10 three
minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time Ihe City Council will consider items which have been forwarded to Ihem for consideration by one
of Ihe City's Boards, Commissions and/or Committees.
None submitted.
Agenda
-4-
August 15, 1995
ACTION ITEMS
The items listed in this section of the agendiJ are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the altemative. Those who wish to speak, please
fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
None submitted.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent CalendiJr.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
12. CITY MANAGER'S REPORTIS)
a. Scheduling of meetings.
13. MAYOR'S REPORTCS)
a. Application of furlough to City Councilmembers. Continued from the meeting of 8/8/95.
b. Roundtable discussion between staff and local developers regarding permit streamlining and other
cost/time saving measures implemented by the City of Chula Vista.
c. Discussion on procedure for evaluating the City Manager, City Attorney and City Clerk.
14. COUNCIL COMMENTS
Council member Alevv
3. City's notification process on Council agenda items.
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) a Special Meeting of the City Council on Wednesday,
August 16, 1995 at 6:00 p.m. in the Council Conference Room and thence to the Regular City Council Meeting
on August 22, 1995 at 6:00 p.m. in the City Council Chambers.
A Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the City Council
Meeting.
Agenda
-5-
August 15, 1995
*****
CLOSED SESSION
Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will
discuss and deliberate on the foUowing items of business which are permitted by ww to be the subject of a closed
session discussion, and which the Council is advised should be discussed in closed session to best protect the
interests of the City. The Council is required by law to return to open session, issue any reports of final action
taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed
sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from
closed session, reports of Ji!1gl action taken, and adjournment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
15. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
. Fritsch vs. the City of Chula Vista.
. Chula Vista and nine other cities vs. the County of San Diego regarding solid waste
issues (trash litigation).
. Chammas vs. the City of Chula Vista.
2. Anticipated litigation pursuant to Government Code Section 54956.9
. Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA
lawsuit.
16. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE) , Police Officers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
17. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
*****
Tuesday, August 15, 1995
6:00 p.m.
"I dec~are ~nc'er pen3'ty of perjury that I am
em '.:0 e' :0 ' (e j" of Chula Vista in the
0.1>;;0 ;~j. ~, n:' that I posted
t:>js h.,cn~./.". . ,.0~:n tile Bulletin Board at
the PU:Jllc ervicos BuJriin,J and at Ci Hall on
DATED,}:f; r SIGNED ~l..
ADDENDUM
15. CONFERENCE WITH LEGAL COUNSEL REGARDING:
Council Chambers
Public Services Building
2. Anticipated litigation pursuant to Government Code Section 54956.9
. MCA Concerts, Inc. EIR
Tuesday, August 15, 1995
6:00 p.m.
Rellular Meetimz of the City of Chula Vista City Council
ADDENDUM
15. CONFERENCE WITH LEGAL COUNSEL REGARDING:
Council Chambers
Public Services Building
2. Anticipated litigation pursuant to Government Code Section 54956.9
. MCA Concerts, Inc. ElR
Tuesday, August 15, 1995
6:00 p.m.
Regular Meeting of the Citv of Chula Vista Citv Council
ADDENDUM
15. CONFERENCE WITH LEGAL COUNSEL REGARDING:
Council Chambers
Public Services Building
2. Anticipated litigation pursuant to Government Code Section 54956.9
. MCA Concerts, Inc. EIR
COMMENDING OFFICER BARBARA RUDESILL
FOR HER DEDICATED COMPASSION AND OUTSTANDING PERFORMANCE
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, sexual assault violence is considered one of the most horrendous
crimes known to humanity; and
WHEREAS, Officer Barbara Rudesill researched the needs of sexual assault
victims by approaching hospital administrators and personnel and then created a
departmental program which provides new clothing for victims of sexual assault; and
WHEREAS, Chula Vista sexual assault victims will now return home in comfortable
sweat suits, thanks to Officer Rudesill's concern and the generosity of local stores
including Sears, J.C. Penny, Cal Stores and Kmart:
NOW, THEREFORE, I, SHIRLEY HORTON, Mayor of the City of Chula Vista,
California do hereby COMMEND OFFICER BARBARA RUDESILL for her dedicated
compassion and outstanding performance in serving the citizens of our community.
tf~-/
August 10, 1995
SUBJECT:
The Honorable Mayor and City c~u cil
John D. Goss, city Manage~ ,;\
City Council Meeting of August' 5, 1995
TO:
FROM:
This will transmit the agenda and related materials for
city Council meeting of Tuesday, August 15, 1995.
regarding the written Communications are as follows:
the regular
Comments
Sa. This is a letter from the City Attorney stating that there
were no observed reportable actions taken by the City Council
in Closed Session on August 8, 1995. IT IS RECOMMENDED THAT
THE LETTER BE RECEIVED AND FILED.
JDG:SWM:mab
~V~
::---...,.:-:
--~-
~~~~
ON OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
From:
August 9, 1995
The Honorable Mayor and City cou7T,~
Bruce M. Boogaard, City Attorney~
Report Regarding Actions Taken in Closed Session
for the Meetings of 8/8/95
Date:
To:
Re:
The City Attorney hereby reports to the best of my knowledge from
observance of actions taken in the Closed Session, that there were
no actions taken in the Closed Session of 8/8/95 which are required
under the Brown Act to be reported.
BMB:lgk
C:\lt\clossess.no
5:t -/
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 69-1-5037
COUNCIL AGENDA STATEMENT
Item
Meeting Date
t
08/15/95
/799?
ITEM TITLE: RESOLUTION Approving Agreement with Unisys Corporation for
the maintenance of hardware and software for the Unisys
mainframe computer and waiving the formal biddi~process.
SUBMITTED BY: Director of Managemxnt and Information service~
REVIEWED BY: City Manage\J\ ~b~A (4/5ths Vote: Yes_Noll
In September of 1990, the City of '~la Vista installed a new mainframe computer,
the Unisys V-430. Maintenance on the computer for one year was included as part
of the initial purchase price. From September, 1991 until a contract was
negotiated in July, 1992, Unisys provided the City with maintenance on a month
to month basis. In July, 1992 the City entered into a three-year maintenance
agreement with Unisys Corporation. This three-year maintenance agreement has
expired and staff has been working with Unisys on terms and conditions for a new
maintenance contract. The new contract is also for three years and includes
features requested by the City such as an annual rate cap and several performance
thresholds which must be met by Unisys.
RECOMMENDATION: That Council adopt the resolution approving the maintenance
agreement with Unisys and waiving the formal bidding process.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
The City of Chula Vista operates a Unisys mainframe computer to process many of
the City' s large computer applications such as Police and Fire dispatching.
Payroll, Automated Accounting, Business License, Land Use Inventory, and others.
The mainframe is running seven days per week and twenty-four hours per day and
reliable maintenance is necessary to ensure that the system continues to function
properly.
Of particular importance is the function of dispatching Police and Fire. These
systems are currently processed on the mainframe and the records management
portion of these applications will continue to run on the mainframe after a new
Police CAD system is installed. Any time that the mainframe fails, the Police
and Fire dispatchers must revert to inefficient manual systems to dispatch public
safety personnel and equipment until the mainframe can be repaired. Any failure
of the mainframe computer must be repaired in a minimum amount of time seven days
per week, twenty-four hours per day.
In addition to supporting the above applications for the City of Chula Vista, the
City's mainframe computer is used to process Payroll, Accounting, Business
License, Land Use and other applications for the cities of El Cajon, Coronado,
and Imperial Beach. The City receives over $100,000 annually from these other
cities in return for providing computer support. The City is obligated to ensure
that all of the above applications are processed in a timely manner.
Since the Unisys mainframe, similar to most other manufacturer's mainframes, is
a proprietary product, maintenance can only be performed by authorized personnel.
Relatively few authorized technicians exist locally, therefore maintenance
contracts are only offered by a limited number of vendors.
t,-/
Page 2 Item
Meeting Date
~
08/15/95
Staff has researched maintenance services and found that of the two local vendors
identified that offer service contracts for the Unisys V-430, only Unisys
maintains any inventory of V-430 spare parts to provide the City with an
acceptable level of protection. The other vendor would either purchase parts on
an as-needed basis from Unisys or would require the City to keep a spare
mainframe to be used for spare parts as needed. In addition, software
maintenance is only offered by Unisys since it is a proprietary product.
Software maintenance is included in the Unisys maintenance contract. If another
vendor were chosen for hardware maintenance, software would still need to be
purchased through Unisys. The cost for software-only maintenance is higher than
the software maintenance costs are if contracted at the same time as the
hardware. Staff has obtained informal cost proposals from Unisys and the other
vendor and when the cost for both hardware and software maintenance are taken
into consideration, the Unisys cost is 15% below the other vendor. It is
therefore recommended that the formal bidding process be waived.
Staff also recommends a change to the coverage under this contract. The current
contract called for maintenance coverage seven days per week, 24 hours per day.
The cost for this coverage is $58,417.20 per year. During the past three years,
staff has not called for maintenance at any time other than during normal working
hours. The cost for coverage five days per week, 9 hours per day would be
$44,037.60, a savings of $14,379.60 per year. Under this coverage, all parts and
labor are covered during regular working hours. In addition, all parts are
covered during off-hours, but labor would be charged at $220 per hour. Staff
feels that this would be an acceptable risk since it would take over 65 hours per
year of off-hour labor charges to equal the amount which would be paid under the
7/24 contract.
While staff feels that the contract for maintenance with Unisys Corporation will
meet the City's maintenance needs and protects the City should Unisys fail to
perform their duties as stated in the contract, one item of consequence should
be noted. The City has the right to cancel this contract at any time if Unisys
fails to perform, the City discontinues use of the equipment, or the City lacks
the funds to pay the contract. If, however, the City cancels the contract for
any reason other than the three reasons stated above, the City would be required
to pay a cancellation fee equal to 20% of the remaining maintenance charges from
the termination date to the end of the term of the contract. Staff foresees no
reason why the City would cancel the contract before the end of the term and does
not feel that this clause poses a significant risk to the City.
FISCAL IMPACT:
The cost for the maintenance contract for FY 1995-96 will be $44,037.60. This
is a savings of $14,379.60 per year over the cost of the prior contract. In
addition staff would recommend a contingency of $5,000 to be used if off-hours
maintenance becomes necessary. This would be turned back to the General Fund at
the end of the fiscal year if not needed. This amount has been included in the
FY 1995-96 budget for Management and Information Services. A 5% rate increase
cap for FY 1996-97 and FY 1997-98 is part of the contract. In addition, the City
would have the option of renewing the contract for an additional two years at the
same terms should the City wish to exercise that option.
t~2
RESOLUTION NO.
17c:;rt
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT WITH UNISYS
CORPORATION FOR THE MAINTENANCE OF HARDWARE
AND SOFTWARE FOR THE UNISYS MAINFRAME COMPUTER
AND WAIVING THE FORMAL BIDDING PROCESS
WHEREAS, in September of 1990, the City of Chula vista
installed a new mainframe computer, the Unisys V-430; and
WHEREAS, maintenance on the computer for one year was
included as part of the initial purchase price; and
WHEREAS, from September, 1991 until a contract was
negotiated in July, 1992, Unisys provided the City with maintenance
on a month to month basis; and
WHEREAS, in July, 1992 the City entered into a three-year
maintenance agreement with Unisys Corporation, which agreement has
now expired; and
WHEREAS, staff has been working with Unisys on terms and
conditions for a new maintenance contract; and
WHEREAS, the new contract is for three years and includes
features requested by the City such as an annual rate cap and
several performance thresholds which must be met by Unisys; and
WHEREAS, staff has researched maintenance services and
found that of the two local vendors identified that offer service
contracts for the Unisys V-430, only Unisys maintains any inventory
of V-430 spare parts to provide the City with an acceptable level
of protection; and
WHEREAS, software maintenance is only offered by Unisys
since it is a proprietary product and it is therefore recommended
that the formal bidding process be waived.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby waive the formal bidding process
contained in Chula vista Municipal Code Chapter 2.56.
BE IT FURTHER RESOLVED that the city Council of the City
of Chula vista does hereby approve an Agreement with Unisys
Corporation for the maintenance of hardware and software for the
Unisys mainframe computer, a copy of which is on file in the office
of the City Clerk as Document No. (to be completed by the
City Clerk in the final document).
1
t-J
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 vis
Presented by
Louie Vignapiano, Director of
Management and Information
Services
2
~-'I
Bruce M.
Attorney
"~" 1)
Agreement Number
I
92040310
.
UNISYS
Consolidated
Agreement
Customer Name and Mailing Address
CHULA VISTA CITY OF
ATTN: LOUIE VIGNAPIANO
276 4TH AVE
CHULA VISTA
, CA 91910
Customer acknowledges it has read and understands this Agreement (including all attached schedules and amendmems) and is not entering
into this Agreement on the basis of any represemations not expressly set forth in rt.
Agreed and Accepted
Unisys Corporation
Customer
s
(IloIe)
(Signature)
Jeffrey S. Behrens Esq.
(prin1lIdltyped neme) Manager Of \;ontracts
Unisys Corporation
(Pnnteclltyped nome)
(Tole)
(Tide)
95033
Alternate 1 of 14
---
~-~
4305 3982.LOl (1/94)
.
UNISYS
Consolidated Agreement
Unisys Corporation ("Unlsys") will sell and license Products and services and Customer agrees to purchase and license those Products
and services under the following terms and conditions:
1. DeflnltlDns
1.1 Software means the object code version of computer programs
and any related documentation, excluding maintenance diagnostics.
Software also means the source code version where provided by
Unisys. Software also means microcode, not embedded in a circuit
element, that enables the equipment to function according to its
published specifications.
1.2 PrDducts means equipment, Software, documentation (includ-
ing manuals and education materials) and Software maintenance
releases and updates.
1.3 Software Processing Unit rSPU'1 means equipment which
comrols and executes Software.
1.4 SURETY Support Services means various forms of installation
and support for the Products.
1.5 Proprietary Information means Software, diagnostics, docu-
mentation, including manuals, and any other information con-
fidential to Unisys or ~s licensors.
1.6 Information Services means all technical and consuttative serv-
ices other than SURETY Support Services.
1.7 Installallon Date means the date Unisys completes installation
(as determined by Unisys) or, if equipment or Software is to be in-
stalled by Customer, the tenth day following shipment.
2. Effective Date
This Agreement will become effective when signed by duly autho-
rized representatives of both parties and will continue in effect until
terminated according to its terms.
3. Schedules. Ordertng Procedure
3.1 Unisys will furnish to Customer and Customer will accept and
pay for the Products and services ~emized on the following sched-
ules which, together with the terms on the Schedules, are an in-
tegral part of this Agreement.
Schedule Name
A Equipment Sale
B SURETY Support Services
C Software Licenses
o Information Services
All references to Products and services in this Agreement are to the
Products and services listed on the Schedules and on any Sched.
ules submitted to and accepted by Unisys pursuant to Section 3.2
and to any Products and services supplied by Unisys with such list-
ed Products and services.
3.2 Customer may order additional Products and services under
this Agreement by submitting properly completed Unisys Sup-
plemental Schedule Orders referencing this Agreement. All orders
will refer to this Agreement by number and will be signed by Cus-
tomer. All education lecture cources must be ordered on a Customer
Education Enrollment Application.
3.3 All orders are subject to acceptance by Unisys. Acceptance by
Unisys will be effective when communicated in writing to Customer.
The receipt or deposit by Unisys of a Customer down payment will
95033
Alternate 2 of 14
not constitute acceptance of an order. Any down payment received
from Customer will be returned if the order is not accepted by
Unisys.
3.4 Unisys may substitute Products of equivalent or superior func.
tionality and performance in the event that any of the Products or.
dered are not available at the time of shipment.
4. Delivery and Installation
4.1 Unisys will arrange for delivery of Products and Customer will
pay for transportation in accordance with the Unisys published
transportation charges in effect at the time of delivery or, if Unisys
has not published any such charges, Customer will pay Unisys for
transportation charges actually incurred. Customer will also pay for
all cables and site-specific installation materials required to install
the equipment at Customer's site.
4.2 Unisys will provide Customer with one copy of the then-current
user documentation, in paper or electronic form at the option of
Unisys, for use with the Products ordered and environmental
specifications for equipment, where applicable. Prior to delivery of
equipment, Customer will prepare the installation site and will con-
tinue to maintain the installation site in accordance with such
specifications.
4.3 Customer will install all items of equipment with the designa-
tion "Y" in the "Customer installable" column when there is no in-
stallation charge listed on Schedule A. Unisys will install all other
items of equipment. Customer will install all items of Software other
than those for which a fixed installation charge is indicated on
Schedule C. All Products to be installed by Unisys will be installed
during Unisys normal working hours, unless otherwise provided in
this Agreement.
4.4 Customer may arrange for installation by Unisys of Customer-
installable Products, subject to the then-current standard Unisys
charges and conditions.
4.5 If additional labor and rigging is required for installation due to
Customer's special site requirements, Customer will pay those costs
including costs to meet union or local law requirements.
5. Payment
5.1 Charges for Products will be invoiced upon shipment.
5.2 Charges for SURETY Support Services will be invoiced in
advance, monthly, annually, or at other periodic intervals; other-
wise, charges will be invoiced after the services are performed.
Hourly use, page and remote service charges will be invoiced
monthly unless otherwise indicated.
5.3 Charges for Information Services will be invoiced as the serv-
ices are performed.
5.4 All charges mu~ bl\ paid no !,ate! t~n 30 cWY\ from the date of
the invoice. Unisys'Aiay Imp'O;e a iate IlaYlnamliJfge equallo the
lesser of (a) 1-1/2% "er month or (l:q the tniKlmurfl rate allowed by
law. n .Li' '.~f'i' 0:) ~\,,:'(fU
5.5 Additional charges may apply to services rendered outside con-
tracted hours or beyond normal coverage at Customer's request,
e.g. travel expenses, premium and minimum charges.
4305 3982.LOl (1194)
{; -r;
6. Tues
6.1 Customer will pay any tax Unisys becomes obligated to pay by
virtue of this Agreement, exclusiw of taxes based on the net income
of Unisys.
6.2 All personal property and similar taxes assessed after ship-
ment will be paid by Customer.
7. Price Pnltection
7.1 The charges for Products in any accepted order will remain firm
through deli wry, unless through no fault of Unisys shipment takes
place more than one year after the date of the Older. If Unisys noti.
fies Customer that an increase in charges will apply to its order,
Customer may terminate the affected part of its order by giving writ.
ten notice to Unisys within ten days of the date of notification of the
increase.
72 SURETY Support Services charges will not be increased during
the first twelw months following the commencement of those ser.
vices. The charges may be increased thereafter on each anniwrsary
of the commencement date following 90 days prior written notice to
Customer, unless otherwise noted on Schedule a
7.3 Charges lor Software Licenses and Information Services will
not be increased during anyone-year term, but may be increased
prior to any subsequent term upon 90 days prior written notice to
Customer. If Software or services are contracted on a month.to-
month basis the charges may be increased at any time following 90
days prior written notice.
8. Security Interest
Unisys reserves a purchase money security interest in equipment
until payment in full is receiwd for all equipment deliwred to Cus.
tomer and, for that purpose, this Agreement is a security agree.
ment. By signing this Agreement, Customer authorizes Unisys or its
agent to sign on behalf of Customer the necessary financing state.
ments, or to file a reproduction of a financing statement. Alterna.
tiwly, Unisys may file this Agreement or a copy of this Agreement to
perfect its security interest. If this Agreement or a copy of it is filed,
information concerning the security interest may be obtained from
Unisys at the address stated in Section 17.
9. Customer's Ope,atIollIl Responsibilities
9.1 Customer acknowledges it has independently determined that
the Products and services ordered under this Agreement meet its
requirements.
9.2 Customer has sole responsibility lor use of the Products, in.
cluding operating procedures, audit controls, accuracy and security
of input and output data, restart and recovery routines, and other
procedures necessary lor Customer's intended use of the Products.
9.3 Customer will ensure that its personnel are, at all times, edu.
cated and trained in the proper use and operation of the Products
and that the Products are used in accordance with applicable
Unisys manuals and instructions.
9.4 Customer will maintain back.up data necessary to replace criti.
cal Customer data in the ewnt of loss or damage to such data from
any cause.
9.5 If Unisys is providing SURETY Support Services, Customer will
(a) maintain the operating environment in accordance with Unisys
specifications, (b) provide adequate working and storage space for
use by Unisys personnel near the equipment, (c) provide Unisys full
access to the equipment and sufficient computer time, subject only
to Customer's security rules, (d) follow Unisys procedures for deter.
mining if remedial service is required, (e) follow Unisys instructions
lor operator maintenance and obtaining services, (I) provide a
memory dump and additional data in machine readable form if reo
quested, (g) reproduce suspected errors or malfunctions in Soft.
ware, and (h) install all error corrections and maintenance releases
supplied by Unisys.
9.6 Information Services supplied by Unisys under this Agreement
are provided to assist Customer. Customer, not Unisys, will be
responsible for determining objectiws and obtaining the desired
results.
10. Protection 01 I'Iaprletary IIIIor1Mlion
10.1 Customer will keep in confidence and protect Proprietary In.
formation from disclosure to third parties and restrict its use as
provided in this Agreement. Customer acknowledges that unautho-
rized disclosure of Proprietary Information may cause substantial
economic loss to Unisys or its licensors. All materials containing
Proprietary Information will be marked with "Proprietary",
"Confidential", or in a manner which giws notice of its proprietary
nature. Proprietary Inlormation will not be copied, in whole or in
part, except when essential for correcting, generating or modifying
Proprietary Information for Customer's authorized use. Each copy,
including its storage media, will be marked by Customer with all n0-
tices which appear on the original.
10.2 Upon termination or cancellation of any license granted under
this Agreement, Customer will destroy (and, in writing, certify de-
struction) or return to Unisys all copies of the Software the license
lor which has been so terminated or cancelled and any other related
Proprietary Information in Customer's possession (including Pr0-
prietary Information incorporated in other software or writings).
10.3 Any ideas, concepts, know.how, data processing techniques,
Software, documentation, diagrams, schematics or blueprints dewl.
oped by Unisys personnel (alone or jointly with Customer) in con.
nection with Information Services provided to Customer will be the
exclusiw properlY of Unisys. Unisys grants to Customer a non.
exclusiw, royalty.free license to use any of the loregoing in accor.
dance with the terms of this Agreement.
10.4 Customer acknowledges that all support materials, including
without limitation, diagnostic software, are the property of and in.
clude Proprietary Information of Unisys. Customer assures that
such materials will be used only by Unisys maintenance personnel,
and that Unisys has the right to remow such materials from Cus.
tomer's facility at any time. This provision applies ewn though such
materials may be listed in the Unisys price lists, catalogs, invoices or
contracts.
10.5 Customer will inform its emp~s of their obligations under
this Section 10 and instruct them so as to ensure such obligations
are met.
10.6 This Section 10 will surviw termination or cancellation of this
Agreement.
U. LIc:ense
11.1 Unisys grants to Customer a personal, non-exclusiwand non.
transferable license to use Software and related documentation ac.
cording to the terms and conditions of this Agreement, solely for
Customer's internal data processing requirements on the Unisys
SPU in the United States on which Software is initially installed.
3 of 14
t-?
4305 3962-002 (! 1.94)
Customer's use of Software will also be governed by any additional
conditions which Unisys may provide on or prior to delivery of Soft.
ware. Customer agrees that Unisys may periodically inspect the
computer site in order to audit Software supplied by Unisys in.
stalled at Customer's site at mutually agreed upon times. In the
event that a separate license agreement accompanies non Unisys
commodity Software, then the separate license agreement terms
will supersede the above license grant for that Software.
11.2 Customer may modify any Unisys application Software and
may combine such with other programs or materials to form an up.
dated work, provided that upon discontinuance or termination of
the license, the Unisys application Software will be removed from
the updated work and returned to Unisys.
11.3 Customer will not decompile or disassemble any Software
provided under this Agreement or modify Software which bears a
copyright notice of any third party. Customer will make and main.
tain no more than one archival copy (for backup purposes) of each
item of Software, and each copy will contain all legends and notices
and will be subject to the same conditions and restrictions as the
original.
11.4 If the SPU on which any item of Software is licensed becomes
temporarily unavailable, use of such Software may be temporarily
transferred to an alternative SPU until the original SPU becomes
available.
11.5 No license is granted to Customer to use any Unisys pro-
prietary operating system Software to assess, test or develop any
hardware products or device handler software or operating system
software that will be marketed by Customer or others for compensa'
tion. This license restriction does not apply to MS/DOS, UNIX and
ems operating systems. Customer may develop other software pro-
grams and may test fully developed, commercially available third
party hardware products or software programs where such testing is
solely intended for Customer's internal evaluation of the fitness of
such product or program for Customer's own internal data process.
ing purposes.
11.6 If Customer desires to: (a) use Software in a service bureau
mode, (b) use Software at another location, (c) use Software as reo
stricted in Section 11.5, or (d) transfer operational use of the Soft.
ware to a third party; then Customer shall request prior permission
in writing from Unisys. Unisys will then advise Customer whether,
and under what terms and conditions, Unisys will license the Soft.
ware as requested. All restrictions applicable to Customer will also
apply to any permitted service bureau or third party users.
11.7 This Agreement does not transfer to Customer title to any in.
tellectual property contained in any Software, documentation or
Proprietary Information.
11.8 No party shall be entitled to use any Software unless the party
has a valid written license to use such Software and all applicable
charges for the use of such Software have been paid, except that
Customer may authorize temporary use of Software by a third party,
only for Customer's benefit, to assess, test or develop software pro-
grams to the extent authorized by Section 11.5 or to perform con.
suiting services and studies, provided such third party agrees in
writing to be bound by the provisions of this Agreement regarding
Proprietary Information and Software.
12. Warranties and Disclaimers
12.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT,
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED. BY OPERA.
TION OF LAW OR OTHERWISE. UNISYS DISCLAIMS THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PAR-
TICULAR PURPOSE AS 10 BOTH UNISYS AND NON UNISYS
PRODUCTS AND SERVICES. UNISYS WARRANTIES EXTEND
SOLELY 10 CUSTOMER.
12.2 Equipment:
(a) Unisys warrants that equipment will be free from defects in
material and workmanship and will substantially conform to rele-
vant Unisys published specifications for a period of twelve months
from its Installation Date. Equipment (i) may be newly manufac.
tured, (ii) may be assembled from new or serviceable used parts
that are equivalent to new parts in performance, or (iii) may have
been previously installed. During this twelve month warranty
period, Unisys will repair or replace any defective item of equipment
or part or component of equipment promptly reported or sent to
Unisys by Customer which Unisys determines was defective due to
faulty material or workmanship. Customer will pay transportation
and insurance costs to ship equipment ~ an off.site repair location
is designated by Unisys; Unisys will pay the return costs if the equip-
ment was defective. Labor costs of diagnosis are not included in this
warranty.
(b) Because equipment requires on-going maintenance, the preced.
ing warranty is not a substitute for SURETY Support Services,
which are avaiiable to Customer for a charge. If
(c) Unisys makes no representation or warranty as j,e'non Unisys
equipment provided to Customer, all of which is sorCi or licensed to
Customer "AS IS". Customer agrees to look solely to the warranties
and remedies, if any, provided by the manufacturer.
12.3 Software:
(a) Each item of Software with the designation "W" is, in its un.
altered form, warranted for 90 days from its Installation Date to
conform substantially to the then-current published functional
spec~ications, provided such Software is used in a manner consis.
tent with anY,applicable Unisys minimum equipment and software
configuration spec~ications. Unisys will make reasonable efforts to
correct such errors reflecting sign~icant deviations from the func'
tional specifications as are reported by Customer to Unisys during
such warranty period.
(b) Because not all errors in Software can or need be corrected,
Unisys does not warrant that all Software defects will be corrected.
Similarly, Unisys does not warrant that the functions contained in
the Software will meet Customer's requirements or that the Soft-
ware will operate in combinations selected for use by Customer.
(c) All other Software delivered is not warranted by Unisys and is
licensed "AS IS". In the case of non Unisys Software, Customer
agrees to look solely to the warranties and remedies, ~ any, provided
by the Unisys licensor or vendor.
12.4 SURETY Support Services:
(a) Unisys warrants that equipment and Software will be supported
in accordance with the spec~ic SURETY Service Plan selected.
Unisys sole and exclusive obligations under this warranty will be to
conform to the Service Descriptions. Equipment parts which are re-
moved for replacement by Unisys become the property of Unisys.
(b) To determine eligibility and prerequisites for SURETY Support
Services, Unisys may require inspection, at Customer expense, of
equipment which (a) has not been maintained continuously by
Unisys from the date of purchase by Customer or (b) has been
relocated.
(c) All equipment, interconnected by signal and power cables, and
non-application Software, located at the same site and which are
4 of 14 ;; _ g/
4305 3982-002 (11194)
subject to SURETY Support Services are required to be supported
at the same Service Levels as the SPU. Local area networks, work-
stations and remote data communication Products are not required
to be at the same Service Level as the SPU.
(d) SURETY Support Services do not cover the parts and service
required to repair damage attributable .to (i) alterations, out-of-
spedication supplies, or defects in design, material or workman-
ship of non Unisys products and services, (ii) accidents, misuse,
negligence or failure of Customer to follow instructions for proper
use, care and cleaning of equipment, (iii) external factors (e.g.,
failure or fluctuation of electrical power or air cond~ioning, fire,
flood), or (iv) failure by Customer to comply with Unisys environ.
mental specifications.
12.5 InIarmItion ServIces:
(8) Unisys will endeavor to provide Information Services on a timely
basis subject to availabil~y of qualified personnel and the difficulty
and scope of the services to be provided.
(b) Unisys may assign, reassign and substnute personnel at any
time and may provide the same or similar services and materials to
other customers.
13. ~ and Attachments
13.1 If Unisys is providing SURETY Support Services, Customer will
give Unisys prior written notice of any proposed alterations or
attachments to equipment. Unisys has no obligation to provide
SURETY Support Services for non Unisys attachments, altered
equipment or modified Software. Should Unisys agree to maintain,
support or correct altered Products, Unisys may impose additional
challes.
13.2 Unisys is. not responsible for any malfunction, nonperfor-
mance or degradation of performance of Products, supplies or main.
tenance support materials caused by or resulting directly or
indirectly from any alteration or attachment unless Unisys is main-
tlining the alteration Dr attachment that causes the malfunction.
13.3 Unisys warranties will not apply n attachment of non Unisys
equipment Dr alteration of Products directly or indirectly results in
any malfunction, nonperformance Dr degradation of performance of
Unisys Products; in addition, Customer will be solely responsible for
resulting infringement, personal injury or damage to property and
Products.
13.4 For purposes of this Agreement, "alterations" includes, but is
not limited to, the incorporation of non Unisys components, boards
and subassemblies into equipment, as well as modifications to Soft-
ware. "Attachments" includes, but is not limited to. any non Unisys
equipment, software, components or devices which Ire connected
to Unisys Products.
14. Umltation DI LIIb1lity
14.1 Unless further limited elsewhere in this Agreement, the entire
liability of Unisys and Customer's exclusive remedy for damages
from any cause related to or arising out of this Agreement, reprd.
less of the form of action, whether in contract or in tort, will no! ex.
ceed the greater of (a) $100,000 or (b) the challes paid to Unisys
during the 24-month period immediately prior to Customer's notice
pursuant to Section 18.5 for the Products or services which Ire the
subject matter of or directly related to the causes of action asserted.
This Section 14.1 does not apply to claims covered by Section 15.
14.2 In no event will Unisys be liable for (a) any incidental, indirect,
special or consequential damages, including, but not limited to. loss
of use, revenues, profits or savings, even n Unisys knew or should'
have known of the possibility of such damages, (b) claims, demands
Dr actions against Customer by any person, except as provided in
Section 15, Dr (c) loss of or damage to Customer data from any
cause.
14.3 The entire liability of Unisys and Customer's exclusive remedy
for any defective non Unisys Products provided under this Agree-
ment is limited to their return to Unisys within 90 days after ship-
ment for refund of the amount paid to Unisys for such Products (not
including any amounts paid for related services).
14.4 Unisys may direct Customer to third parties having products
or services which may be of interest to Customer for use in con.
junction with the Products. Notwithstanding any Unisys recommen.
dation, referral or introduction, Customer will independently
investigate and test third.party products" and services and will have
sole responsibility for determining suitability for use of third.party
products and services. Unisys has no liability with respect to claims
relating to or arising from use of third.party products and services.
15. Patent, Copyri&ht Ind Trade Secret Indemnification
15.1 Unisys, at its own expense, will defend and indemnny Cus.
tomer against claims that Products furnished under this Agreement
infringe a United States patent or copyright or misappropriate trade
secrets protected under United States law, provided Customer (a)
gives Unisys prompt written notice of such claims pursuant to Sec.
tion 17, (b) permits Unisys to defend or settle the claims, and (c) pro-
vides all reasonable assistance to Unisys in defending or settling
the claims.
15.2 As to any Product which is subject to a claim of infringement
or misappropriation, Unisys may elect to (a) obtain the right of con.
tinued use of such Product for Customer or (b) replace or modify
such Product to avoid such claim. If neither alternative is available
on commercially reasonable terms, then, in the case of equipment,
at the request of Unisys, Customer will discontinue use and return
such equipment and Unisys willl"lnt a credit for the price paid to
Unisys, less a reasonable offset for use and obsolescence; in the
case of Software, the applicable license will be terminated and no
further challes will accrue.
15.3 Unisys will not defend or indemnny Customer n any claim of
infringement or misappropriation (a) is asserted by a parent, sub-
Sidiary or affiliate of Customer, (b) results from Customer's design or
alteration of any Product, or (c) results from use 01 any Product in
combination with any non Unisys products.
15.4 This Section 15 states the entire liability 01 Unisys and Cus-
tomer's sole and exclusive remedies lor patent or copyright infringe-
ment and trade secret misappropriation.
16. Termination .nd Clncellltion
16.1 Unisys may suspend SURETY Support Services n any payment
for such service under this Agreement is past due more than 30
days.
16.2 Unisys may terminate SURETY Support Services or change
the levels of support available to a Product upon six months written
notice Dr at the expiration of the then-current term for SURETY
Support Services, whichever occurs earlier.
16.3 Either party may terminate any license for Software or any
SURETY Support Services upon expiration of the applicable term by
providing 30 days written notice. Failure to give such notice will
resu~ in a renewal or extension of the license or service in aecor-
5 0114
t-'1
~ 3982-002 (11194)
dance with the provisions 01 this Agreement. The licenses for any
Software automatically terminate upon Customer's discontinuance
of use 01 the SPU on which the Software was licensed, at which time
Customer must either destroy or return the Software and documen.
tation to Unisys. Upon termination or cancellation 01 SURETY Sup.
port Services, all diagnostics will be returned to Unisys.
16.4 Without prejudice to other remedies, Unisys may cancel this
Agreement or any order placed under it, for default and repossess
Products (excluding only equipment lor which the purchase price
has been fully paid), ~, upon written notice, Customer fails to
(i) make any payment identified as delinquent (including payment of
charges for services) within ten days or (ii) cure any default relating
to Sections 10 or 11 within 30 days.
16.5 Unisys may terminate SURETY Support Services on 30 days
prior written notice ~ Unisys determines that any alterations, at.
tachments, Customer Software mod~ication or failure to install a
maintenance release will interfere with the provision of such
services.
16.6 Termination or cancellation of this Agreement will not affect
any rights or duties arising under it with respect to Proprietary In.
formation or security interest.
17.NoIices
171 All notices required by this Agreement to be given to Customer
will be sent to its address on the cover page of this Agreement.
17.2 All notices required by Sections 15 and 18.5 and all requests
for information under Section 8 will be sent by certified or
registered mail and, when given to Unisys, addressed to:
Office of General Counsel
Unisys Corporation
Township Line and Union Meeting Roads
Blue Bell PA 19422
cc: Group Vice President
17.3 All other notices to Unisys will be sent to the Unisys office
which has been servicing Customer.
18. ArbltrItlon
18.1 Subject to Sections 18.2 through 18.5 hereafter, any con-
troversyor claim arising out 01 or relating to this Agreement or the
breach thereof will be settled by arbitration before three arbitrators
in accordance with the Rules of the American Arbitration Associa-
tion ("AM') then in effect, and judgment upon the award rendered
by the arbitrators may be entered in any court having jurisdiction.
Any such arbitration will be conducted in the city nearest Cus.
tomer's main U.s. office having an AM regional office. The arbitra.
tors will be selected from a panel of persons having experience with
and knowledge of electronic computers and the computer business,
and at least one of the arbitrators selected will be an attorney.
18.2 The arbitrators will have no authority to award punitive
damages nor any other damages not measured by the prevailing
party's actual damages, and may not, in any event, make any ruling,
finding or award that does not conform to the terms and conditions
of this Agreement.
18.3 Either party, before or during any arbitration, may apply to a
court t:aving jurisdiction for a temporary restraining order or
preliminary injunction where such relief is necessary to protect its
interests pending completion of the arbitration proceedings.
Arbitration will not be required for actions for recovery of spec~ic
property, such as actions for replevin.
18.4 Neither party nor the arbitrators may disclose the existence or
results of any arbitration hereunder without the prior written con.
sent of both parties.
18.5 Prior to initiation of arbitration or any other form of legal or
equitable proceeding, the aggrieved party will give the other party
written notice in accordance with Section 17 describing the claim
and amount as to which it intends to initiate action.
19. Other Provisions
19.1 All risk of loss or damage to Products will pass to Customer
upon delivery to Customer's location.
19.2 Neither party will be liable for failure to fu~i11 its obligations
when due to causes beyond its reasonable control.
19.3 Any failure or delay by either party in exercising any right or
remedy will not constitute a waiver.
19.4 THIS AGREEMENT WILL BE GOVERNED BY THE LOCAL
LAW OF THE COMMONWEALTH OF PENNSYLVANIA.
19.5 This Agreement constitutes the entire agreement between the
parties with respect to the Products and services provided here-
under and supersedes all prior proposals and agreements, both
written and oral, and all other written and oral communications
between the parties. The terms and conditions of this Agreement
will supersede all other terms and conditions submitted by Cus-
tomer, including any preprinted terms on any Customer punchase
orders.
19.6 Unisys may assign this Agreement or its interest in any equip-
ment, or assign the right to receive payments, without Customer's
consent. Any such assignment, however, will not change the obliga.
tions of Unisys to Customer. Customer will not assign or transfer its
rights or obligations under this Agreement without prior written
consent of Unisys. Any assignment or transfer prohibited by this
provision will be void. Unisys may subcontract any services
described in this Agreement to third parties selected by Unisys.
19.7 The terms and conditions of this Agreement may be modnied
only by a writing signed by a Unisys Vice President, General
Manager or Contracts Manager.
19.8 No arbitration proceeding.or legal action, regardless of its
form, related to or arising out of this Agreement, may be brought by
either party more than two years after the cause of action first
accnued.
19.9 Each paragraph and provision of this Agreement is severable,
and ~ one or more paragraphs or provisions are declared invalid, the
remaining provisions of this Agreement will remain in full fonce and
effect.
6ol14
0J5 39fl2.()02 (11194)
;;, .-j J
I
.
JNISYS
Schedule A
Equipment Sale
Acreement Number
\
~uipment Location
ist Products Applicable to This Acreement
em Style Description QUlntrty Unit purthlSf price Customer InmllltlOn Total purchue price
umber InsUlllb~ cNIlJe
\
I
,
\
I
I
i
ToIIl instIllltion cNIrp ToIIl pur<ha. price
S S
lither
S
Grind totJl
S
L.." downlllymont
S
r/"// ToIIl_ .....
S
7 of 14
4305 3982.002 (1119'
ooSYS
uipment Location
412220-0001
CITY OF
VIGNAPIANO
CHULA VI STA
ATTN: LOUIE
276 4TH AVE
CHULA VISTA
Schedule B - SURETY 2000
SURETY Support Services
Bill To Location
412220-0001
\'
SeMCI Llvlt
(Cl Comprehensive
~) Plrlormanee
(8) Partner
CHULA VISTA
ATTN: LOUIE
276 4TH AVE
CHULA VI STA
CITY OF
VIGNAPIANO
. CA 91910
, CA 91910
920'40310
\ .
Admlnllltltof
Exchangl Option
(E2) Clienllnvenlory
(ES) Client Exchange
;mirllstrator
lellphOnt no.
l.lephont no.
_evelt1J1alV Style
Jpnon
PU
PU
PU
PU
PU
~U
~U
eu
PU
PU
pU
~U
PU
PU
V430
V430-CP
V400-20M
V400-IOe
V400-IOB
V400-MLI
B28-EXP
B25-D1
B25-K5
B25-PS1
B25-M5
B25-TS
PT101
B25-LC
CCB50-R
B20-DK5
BT3288
LC4503
X246-91
X310-91
X310-92
X351-94
X395-91
9246-7TX
BT3281-1
BT3281
M9710-21
v400-IOR
V400-MLI
B9493-U10
Annual raIe increase cap
(3-yNf Initial term or IonQtr)
2..Jl.. %
BilllnQ paned (Check ont)
(l1J Monlhly 0 Annual
SU upparl Met
Commeneemerl dale
o Other:
SYS:V430 PKG
PROC:V430 CENTRAL PROe
MEM:20MB MEMORY
eABINET:19U W/1 BASE
INSTL:9U I/O BASE
CTRL:MLI I/O PROCESSOR
WRKST:80286 BASED INT
DISPLAY:12" 29X80 MONO
KEYBD:B2X
POWER:B25/B27 HIGH POWR
DISK:40MB FIX/1MB FLOPPY
TAPE:STREAMER FOR B25
ADPTR:TERMINATOR KIT
PWR CORD: LINE CORD
CABLE:50' CLUSTER B25-28
MODULAR DIAG.KIT,REL.5.0
TAPE:SLAVE PE/GCR 200IP
45KVA 3P
CTRL:PTR DLP B9246-10/12
CTRL:SCSI EXTERNAL DLP
CTRL:SCSI INTERNAL DLP
CTRL:UNIV UNILN/ODT DLP
CTRL:PE MAG TAPE DLP
PRINTER: 650LPM TRPL STKR
200IPS 1XMT SUBSYS PKG
DING CONT M&S PE/GCR 200
DISK:SeSI 1.3 GB X2 SP
INSTL:V400 PERI PH RACK
CTRL:MLI I/O PROCESSOR
DISK:V400 100MB DRIVE
07-01-95
NCM' pu.ntrty Monthly un11 charge
1 923.40
1
1
1
1
1
1
1
1
2
1
1
1
2
1
1
1 384.30
1 265.50
1 54.90
1 70.20
1 62.10
1 54.00
1 54.90
1 126.90
1 712.80
1
1 89.10
1 19.80
1 50.40
1 36.00
..... TOTAL F R "HIS PAGE ONLY
. A one Ylor No_Additional-Chorge-Mlintlnanco period ('NCM") II'Plils to equipment designated as 2 or. in tho NCM column.
Dunng the NCM. any Monthly Unrt Chorge indicated sholl not apply; hOWIVor, any chorgeslor optional. addllional or upgrade
seNlces shall apply. Client Exchange Op1ion ..rvice is provided.' no charge during the PPM for equipment designated with
a 2. Equipment On-Call Rlmedial Maintenance is provided at no <horgl during thel'PM tor equipment designated wIIh a..
II Customer orders a SURETY Support SolYica LevII and PlYs lhl II'plicable thln-curTInt monthly maintlnonoo rato upgrade
charge tor equipment designated as having a NCM. CUltomer will receive all the benefits of the SURETY Support Service
Levelaelected forth. equipment during the remaining portion of the NCM. The applicabie upgrade charge, if any. will be
indicated in tho description colurm.
rtiaJ Term (CheCk iI more than 1 year)
) 2 years 0 3 years 0 Other ( _ years)
o:ess (Check on.)
) Standard Access ' (l1J Premium Access
.ist Products Applicable to This Agreement
Oescnpllon (lnc:ouoe veneor name Il'Id model i1 non UnlSYS product)
95033
Allernatl 8 01 14
t -/2
Total rncntn1y :I'\L-ge
923.40
384.30
265.50
54.90
70.20
62.10
54.00
54.90
126.90
712.80
89.10
19.80
50.40
36.00
2904.30
Total monthly charges
3669.80
OMr
S
GrInd tot.l
~
c~ .k'V
~ -~..,,"'&]
.
UNlSYS
Equipment Location
CHULA VISTA
ATTN: LOUIE
276 4TH AVE
CHULA VISTA
Supplemental Schedule B . SURETY 2000
SURETY Support Services
412220-0001 Bill To Location 412220-0001
CITY OF CHULA VISTA CITY OF
VIGNAPIANO ATTN: LOUIE VIGNAPIANO
276 4TH AVE
. CA 91910 CHULA VISTA . CA 91910
Telephone no. AdmInIStrator TelephOne no.
AClmlnlstralcr
Agreement Number
\
92040310
Service Level
(C) Comprehensive
(P) Perlormance
(B) Partner
Exchange Option
(El) Clienllnvenlory
(E5) Client Exchange
\nltlai Term (Cnet.A. r1 more than 1 year)
o 2 years 0 3 .years 0 Other ( years)
Access (Che:< c:-el
o Standard Access 0 Premium Access
Annual rate increase cap
f3-year Inrtial term Of longer)
Billing pened (Check one)
o Monthly 0 Annual
SUREiY Support Service
Commencement date
o Other:
07-01-95
" ""
~,o
jIeve:'Plani S:y,e OeSCnpl\On (Inc;uoe vendor name ana model r1 non U!"'~s,~ :.:~Jct) NCM Quanllty MC~lhIY unit charge TOlal mon1l'\Iy cna:ge I
IOp~on
'PU E9493-U56 DISK:V400 560MB DRIVE 3 36.00 108.001
~~ CM8000-BY CENTRONICS LW-800 1 167.40 167.401
ET'llOO-ODT ODT W/KEYBOARD lETllO': ) 1 26.10 26.10 I
IpU V430-C74 CMPLR:COBOL 74 1 69.00 69.00
,PU v.n0-DM2 DATA}lGT:DATA MGMT II 1 291.00 291.001
I
jPU v.n0-VS2 O/S:SYSTEM SOFTWARE F_'_:: 1 104.00 104.00
I
!
I
I
I
i
.
I
I
010'
$ 765.50
011"1"
$
GrInd tot.1
~
List Products Applicable to This Agreement
95033
--1. of-1
~-/J/~- /7
I
43056274.L01 (1194)
Schedule B . Definitions and Service Descriptions
A. Delinitiol1$
PrIncIpii ""rlod tJi MllntenlllCl! rPPM"' means 8:00 1m to 5:00 pm, Cus.
tomer's IoCII time, MondlY through Fridly, ucludine Unisys designlted
hoIidlYS.
Oft Hours means III hours other than the PPM.
CuItomer 0perIti0nI1 Hours ("COH") means III times when Customer
uses the Products.
Filled Unit means a un~ of equipment enrolled under SURETY Support
Services, which is deemed eligible by Unisys for exchange, that is ident~ied
by Customer IS not in working order.
Elchl..e Unit means new, repaired, or previously U$ed eQuipment in
working order that Unisys conveys to Customer IS I replacement for I
Failed Un~. The Failed Un~ shall become the property of Unisys upon Cus.
tomer's receipt of the E,change Un~ or, ~ later, upon receipt of the Failed
Unit by Unisys. Customer warl1nts that t~1e to the Failed Un~,lnd Unisys
warnnts thlt t~le to the Elchange Un~, shall be free Ind clear of III
daims. liens, and encumbrances includinc security interests.
B. Service Deacriptiol1$
Unless spec~ied on the Schedule or in this Section, the In~ial Term for
SURETY Support Services will be 12 months Ind will commence on the
later of the Installation Date of the applicable Products or the date Unisys
Iccepts the Services order. Unless spec~ied on the Schedule, the In~ial
Term of SURETY Support Services for Productsldded to a system Ilready
enrolled under SURETY Support Services will be coterminous w~h the ap.
plicable term of the Services on that system Ind, for purposes of changes
to SURETY Support Service charges, will be deemed to have the same
commencement date as the applicable term of the Services on that system.
Following the Initial Term, SURETY Support Services will continue on an
Innual renewal basis at Unisys then-eurrent prices until terminlted or can.
celled accortling to the terms of this Agreement. The spec~ic services for
uch Service Level and Plan are identrtied on the next page.
1. Support Center Services provides assistance by electronic or voice com-
munication during the PPM on opel1ting the Products, identifying Product
errors or mall unctions and advising on known detours, reporting software
problems via I User Communication Form (UCF), and determining the
need for on<lll remedial service. Support Center Services during Oft
Hours consists of expedrting response to network down and system
emergencies.
2. User Communleltion Services provideS for reporting of suspected
Product errors or mallunctions or suggested new feature changes. Unisys
will make reasonable ellorts to provide detours or comelions. Customer
will install all error corrections.
3. Euentill Encineeri.. Chl,.es are changes released by Unisys for safe.
ty purposes or changes Unisys determines are essential to the perfor.
mance of equipment. Changes will be installed at a mutually accepllble
time during the applicable hours of coveroge. For non Unisys equipment,
Unisys will install Essential Engineering Chan,es based upon the availabil.
ity of required materials at no cost to Unisys and Iddrtionlllabor chilies
will apply for Service Levels other than Comprehensive.
4. Equipment MllntenlllCl! Plrta Ire ports required for "plirs mode by
Unisys personnel.
5. AdvInce E1cIII,.e Service allows Customer to notify the Unisys desig.
nlted point of conllct of a Failed Un~ enrolled in the Service. Upon not~i.
cation, Unisys will ship an Elehan,e Un~ to the Customer usine a next day
delivery service. Customer will install the Exchange Un~ Ind, at ~ ...
pense Ind risk, ship the Failed Un~ to Unisys ~hin 14 days liter Cus-
tomer's receipt of the Elehln.. Unit. Customer mIY eelect the Client
E,change Option (E5) Instead of this Advance Elehlnge Service. The
Client Elehln,e Option IlIows Customer, art ~ expense and risk, to ship or
to brin, a fliled Un~ to the Unisys designated IoCItion. W~hin 7 busi_s
days of receipt, Unisys repairs the Failed Un~ or ,ives Customer an Ex.
chan.. Un~.
6. SoIlwIre MalntenlllCe Releases include error eorrectjons and moin.
ter.ance releases that have been developed or provided by Unisys for
Software. These releases shall be licensed only for use on the desianated
computer system(s) under the applicable license agraement. Customer will
instill all error corrections and mointenlnce relelses.
7. EIoetronic 51" Services provides Customer w~h 1-800 telephone access
by I dial.up workstation to place Customer Assistance Requests (CARs)
Ind to get information on Unisys Products and services.
8. N~ Plannl,. Guide provideS information on network components,
prominent communication models and protocols, network design and
equipment selection crjleria .s well as materials and instructions which
enlble customer t9 profile network requirements.
9. Equipment C>>CIII Remedill Malnllnlnte indudes on.site repair or e,.
change of equipment, at Unisys option, ~ a problem remains unresolved
after Customer has utilized Support Center Services as prescribed. The
Client Inventory Option (E2) is available under this Service and rt provides
on.srte exchan.. of the Failed Unrt w~h a replacement provided by
Customer.
10. EIoetronic O...SitIe Services allows the Support Centers to receive data
Ind perlorm remote failure analysis. Customer shall supply the equipment,
software, and communication f.cilrties to use the electronic support ser.
vice capabilrties of the Products as outlined in the Product support plan.
11. Equipment .......ntive MalntenlllCl!, includin, the installation of toeld
changes deemed approprilte by Unisys, will be performed at Customer's
IoCItion according to the manufacturer's recommendations at I mutually
accepllble time during the applicable hours of COI/Il1ge.
12. Equipment Or>Ca1l Remedill Malntenlnee Gulro_ "--
means that a customer services ...p~sentative will arrive at Customer's
s~e within the time spec~ied below. Response time is measured from the
time Unisys receives a service request from Customer untiia Unisys Cus.
tomer Service Representative arrives at Customer's srte. The response
times below are based on the distance from the center of the applicable
Unisys concentrotion city to Customer's ~e. In the event of a change in l0-
cation of the equipment s~e or the Unisys concentl1tion ~y. the response
time will be deemed amended aecortlingly.
Miles to the Nearut PPM Oft Hours
Coneentmlon City Response Tome Response TIme
0-60 2 hours 3 hours
Over 60 No auarontee No guarontee
13. Support Center Guaro_ Response (aVlilable only during the PPM)
provides that a Unisys customer support anaiyst will take Customer's call
promptly or respond to Customer wrthin 30 minutes after the ",ceipt of
Customer's request at the Support Center designated by Unisys. A
response includes direct voice conllct, a returned phone call, or an elec.
tronic message aecortlin, to the Service selected by Customer.
14. S,stems 0pemi0I1S RevIew provides that Unisys will meet w~h Cus.
tomer's personnel once annually, at I mutually acceptable IoCItion and
time, to conduet computer systems opel1tion reviews wrth respect to the
Products. Customer is responsible for Idledulina the meetin,.
15. Software C>>CIn Support includes on-srte service ~ a Software prob-
lem remains unresolved after Customer has utilized Support Center Ser.
vices as prescribed.
16. Instlllalion of Customer Set Up (CSU) Equipment is provided at I
mutually .cceptable time durin, the in~ial system installation. This service
does not apply to equipment added to the system at a later date. Unisys
will install non Unisys CSU equipment upon Customer "'Quest, provided
the requirwd motorials are ,iven to Unisys by the Customer at no cost to
Unisys.
17. Mulli..NIor Sarviees Planni,. provides thlt Unisys will meet wrth Cus.
tomer's personnel once annually to l'IYiew Unisys ability to provide Cus-
tomer ~h Mutti"",dor Services.
C. Deacriptions 01 Servlce Access
Standi"' Acass to the Support Center Services provides the Customer
wrth unlim~ed use of Electronic Sell Services and a number of voice con.
tacts per annum allocated by Unisys. Voice conllets in excess of the annual
alloCltion are eharaeable on a per call basis at Unisys then-current I1tes.
PremIum Acass to the Support Center Services provides the Customer
~h unlim~ed use of Electronic Sell Services and In unlim~ed number of
voice conllcts ~h the Unisys Support Centers.
II of 14
,,--If
4305 !982.002 (11194)
';(,
Schedule 8 . Unisys SURETY 2000 Service Levels and Plans
The Service Plans apply to Products, including interconnected peripherals/attachments. The Service Levels are cumulative (e.g., the services
defined under Feriormance are in addition to those defined under Partner). The hours of CO'Jerage for Partner and Feriormance Service Levels
.ere during the PPM. The hours of CO'Jerage for the Comprehensive Service Level are during the COH, unless designated PPM only. Not all
Services and Service Levels are available on all Products. Individual Unisys SURETY Support Services contained in a higher Service Level
than contracted are provided at Customer request, as available, at then-current Unisys conditions and charges.
Service Levels
Service Plan
(U) IN) 1M)
Unisys Networks Multivenclor
1. Support Center Services X X Xl
2. User Communication Services X X Xl
3. Essential Engineering Changes X X X
4. Equipment Maintenance Parts X X X
5. Advance Exchange Service I X X X
6. Software Maintenance Releases I X X3 X3
7. Electronic Se" Services X Xl Xl
8. Network' Planning Guide X X X
.
P
A
R
P T
E N
R E
F R
0
R
C M
0 A
M N
P C
R E
E
H
E
N
S
I
V
E
.
--------------------------------------------------------------------------------------------------------------------
9. Equipment On-Call Remedial Maintenance
10. Electronic On.Site Services I
X
X
X
X
11. Equipment Preventive Maintenance I
X
X
--------------------------------------------------------------------------------------------------------------------
12. Equipment On-Call Remedial Maintenance Guaranteed Response I
X
X2
X
13. Support Center Guaranteed Response (PPM only)
X
X
Xl
14. Systems Operations Review
Xl
X
Xl
15. Software On-Call Support
16. Installation of Customer Set Up (CSU) Equipment
X
X
X
X
X
17. Multivendor Services Planning
X
X
X
Legend: X Included (Labor and Materials).
1 Selected Products only.
2 Only available in .meraency system/net_k down situations.
a "" non Unisys products. available with FWrformance and Comprehensive Levels only.
10 of 14
~ - J? /& - Jo
OJ53982-00211I/941
.
UNISYS
Schedule C
Software Licenses
. Equipment Location
Agreement Number
I
Ust Products Applicable to This Agreement
Item Style Description
number
Terms Ind Conditions - Ucense Plans:
1. Licenses of Software for which Unisys ch.rges e~her .n Annual License
Ch.... (ALC) or . Monthly License Ch.... (MLC) will h.ve .n initial term of
twelve months commencing on the Installation O.te. The MLC license will
continu. on. month-to-month b.sis and the ALC will renew annu.lly until the
license is termin.ted or cancelled in acoordance w~h Section 16 of this
Agreement.
2. For cert.in licenses, Unisys m.y ch.rge .n Initial License C/Ia... which will
include the first monthly or annu.1 charge.
3. Extended T.rm Plan (ETP): Certain licenses of Software lor which Unisys
charges a single fee m.y h.ve a 36 or 60 month extended term commencing
on the Install.tion O.te. Upon expiration of the extended term, the license will
be .utomatically continued on . month-to-month basis for a Monthly License
Charge, unless termin.ted in accord.nce w~h Section 16 of this Agreement,
Quantity Warr. license plan License
(specify ETP charge
term)
Initial
license
chlfle
Installation
charge
s
Gr."" totol
S
or Customer may pay another ETP lee for an addrtion.1 ext.nded term, rt
available.
4. One Time Ch.... (0It): For cert.in Softw.re, upon payment of a one-time
ch.rge (invoiced upon shipment of the Softw.re), Unisys will hcense Customer
to use the Software so iong.s Customer continues to use the Software on the
SPU on which rt was origin.lly licensed lor use.
S. Softw.re th.t h.s no hcense ch.rge hsted on Schedule C will h.ve . hcense
term which is coterminous with Customer's possession and use of the equip-
ment on which the Software is installed.
d -/ '/
U 0114 / 4305 3982-llO2 Ul/94
.
UNISYS
~ .
I nformation Services
Periodic Basis
Item Type 01 service
number
No. 01 Hourly charge
personnel
Period: Total hours lotal d'llrges
D.ysJWeeksIMonths
filed Charges
Item Type of service
number
Grand toUiI
$
Fixed charge
\lrIncI-'
Customer will be invoiced for trawl and lodging and premium service charges in addition to those set forth above, as applicable. $
12 of 14
/r-/r
4305 3982-<lO2 (11194)
Acreement Number
I
Schedule D . Description of Information Services
130114
~-/9
0305 3982.()()2 111194)
I
Schedule 0 - Description of Information Services (Cont.)
140114 t - ..2 b
4305 3982'()()2 (11194)
.
UNISYS
Additional Terms and Conditions
Agr~ment number
I 92040310
Date
Customer
City of Chu1a Vista
7-1-95
Unisys and C~s6omer hereby amend the a~ove.referenced Agreement by adding the following terms and conditions, consisting of paragra:hs
1 through _' on pages 1 through _'
1. These added terms and conditions shall apply only to the Pcoducts and/or Services ordered on Schedules concurrent with the E7":e::ive
Date of the Agreement and not to any other orner ~or Products and/or Services unless specifically agreed upon in the sutse:uent
written orner.
2. Service Requirements
Unisys shall exercise all reasonabie effons to maintain the continuous normal operational
capacity of Customer's equipment covered hereunder. All "Down Times" must not
exceed the following durations:
. A Down Time of twenty-four (:J) or more consecutive hours;
. An occurrence of two (2) or more Down Times of twelve (12) or more consecutive
hours during any consecutive twelve (12) month period;
. An occurrence of two (2) or more Down Times during any thirty (30) day period totaling
. twenty-four (24) or more hours:
. A total Down Time exceeding eighty-eight (88) hours during any consecutive twelve
(12) month period, regardless oflhe number of individual Down Times.
"Down Time" is defined as the computer system's inability to function at its normal and
designed operational levels The "Down Time" begins to run when Customer, by verbal
or written notice, notifies Unisys that its computer system is not functioning at its normal
and designed operational levels and \\ill end when Unisys and Customer agree that the
computer system is functioning at its normal and designed operational levels.
3. Compensation
The annual rate for maintenance of the individual components of hardware and software
are set forth in the Unisys SL"RETY Service Support Agreement. It is agreed by both
parties that Unisys may increase the annual cost of maintenance by an aggregate amount
not to exceed five (5) percent on the first day of the second and third year anniversary of
said Agreement commencing from the date of execution by the Customer. Customer
may, at its sole discretion, remove any individual component no longer in use from
coverage afforded by this Agreement at any time during the term ofthis Agreement, with
a prorated reduction in the amount of the monthly maintenance charge.
NOTE: Draw a line across the last page following the last paragraph of this amendment and add signature lines.
Page.
1
of
4
j,,;J/
600C7:C I!~)
.
UNISYS
Additional Terms and
Conditions - (continued)
4. Additional Equipment
Should the Customer purchase any equipment \vhich is identical to equipment already
specified in the SURETY Service Support Agreement and has been qualified by Unisys
for maintenance coverage, Unisys agrees to add said purchased equipment to the existing
contract at the corresponding rate in effect at that time. Any new or warranted Unisys
equipment purchased by the Customer during the term of this Agreement, which is a type
maintained by Unisys but not already specified on the SlJRETY Agreement Schedule,
may, at the discretion of the Customer be added to the SURETY Agreement Schedule at
the prevailing current Unisys rate, less a ten percent (10%) discount and will be subject
to the terms and conditions of this Agreement.
5. Termination for Cause
If, through any fault of Unisys, Unisys shall fail to fulfill in a timely and proper manner
Unisys' obligations under this Agreement, or ifCnisys \iolates any of the covenants,
agreements or stipulations, Customer shall have the right to terminate this Agreement by
giving written notice to Unisys at least thiny (30) days before the effective date of such
termination
~~\
\'~~7
If Customer terminates the pon Services covered by the Unisys SL'RETY Service
Suppon Agreement pri 0 the end of the three (3) year term for reasons other than
discontinued use of e equipment or for cause (see paragraph 5 above) or lack of
appropriate funds, Customer agrees to pay an early termination charge equal to twenty
percent (20%) of the remaining maintenance char~es from the date of termination until
the end of the original term of the sel'Vlces, at the rates then in effect.
6. Early Termination
7. Guaranteed Response Time Credits
Should Unisys fail to respond within the guaranteed response times, the Customer is
entitled to receive a credit that may be applied against their next Unisys SURETY
invoice. Maintenance response time credit is equal to 25% of the monthly charges for
the panicular products(s) which required sel"\ice and any other products which are
rendered unusable due to a particular product(s) failure. Claims for credits must be filed
by the Customer, in writing on or before the last day of the month following the month in
which the applicable service call was received by Unisys. A claim will be deemed filed as
of the date it is received by the applicable Cnisys CS servicing district. No credits will be
issued ifat any time the Customer payment for Vnisys SURETY Support Services are
more than thiny (30) days past due.
NOTE: Draw a line across the last page following the last paragraph of this amendment
t -.,2,<
6000711 '2/88'
.
UNISYS
Additional Terms and
Conditions - (continued)
8. Paragraph Headings
The paragraph headings used herein are only for convenience and shall not be deemed to
limit the subject of the paragraphs of this Agreement or be considered in their
construction.
9. Construction of Agreement
The agreements contained herein shall not be construed in favor of or against either
Customer or Unisys, but shall be construed as ifboth Customer and l'nisys prepared this
Agreement
10. Hold Harmless
Unisys agrees to defend, indemnify and hold harmless Customer, its elected officials and
appointed officers and employees, from and against all claims and demands resulting
from or connected to l'nisys performance under this .-\greement for damage to tangible
propeny or injury or death to any person due to and to the extent of the negligence of
Unisys, so long as Customer promptly notifies Unisys of such claim or demand.
11. Entire Agreement
Section 19.5 ofthe Unisys SURETY Service Suppon Agreement, shall be amended by
adding the words "including these Additional Terms and Conditions" between the words
"Agreement" and "constitutes" in the first line of the paragraph.
12. Inconsistencies
To the extent that any inconsistencies may result between these Additional Terms and
Conditions and the Unisys SURETY Service Suppon Agreement, such inconsistencies
shall be governed by the provisions of these Additional Terms and Conditions
13. Term
The Agreement shall commence July 1, 1995 after its execution and terminate thirty-six
(36) months thereafter. The City ofChula Vista will have the option to extend these
services under the same terms and conditions for an additional two (2) years, provided
that Unisys may reasonably increase the cap on Disk and Tape products from 5% to 10%
in years 4 and 5.
NOTE: Draw a line across the last page following the last paragraph of this amendment
t ~02J
600071112/881
.
UNISYS
Additional Terms and
Conditions - (continued)
14. Standard of Care
Unisys in performing any Services under this Agreement shalf perform at a minimum, 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.
15. Assignability
Section 19.6 of the Unisys SURETY Service Support Agreement, shall be amended by
deleting the word "without" and replacing it with the word "with" in the first line of the
paragraph. Additionally, the period "." at the end of the first sentence shall be deleted
and replaced ",ith the words "which shall not be unreasonably withheld."
16. Governing Law
This Agreement will be governed by the local law of the State of California.
Agreed and Accepted:
Dnisys Corporation
Customer
By:
By:
Title:
Title:
Date:
Date:
otcl~_^c
1" \
NOTE: Draw a line across the last page following the last paragraph of this amendment
t. ~;2f
600011112/881
COUNCIL AGENDA STATEMENT
Item
Meeting Date
)-
08/15/95
/77f7
ITEM TITLE: RESOLUTION Approving Agreement with Unisys Corporation for
the licensing of software for the Unisys mainframe computer and
financing the co.st through Unisys Leasing corpora~on.
SUBMITTED BY: Director of ~nag.em~. -1t and Information servic~j!
REVIEWED BY: City ~nager~ 11Jt/'PJJ (4/5ths Vote: Yes_Noll
In September of 1990, the City of ~ula Vista installed a new mainframe computer,
the Unisys V-430. Included as part of the purchase agreement was a five year
lease of the system software. The system software includes the operating system,
COBOL compiler, and the data base management system. All of these software
products are proprietary products from Unisys and are licensed directly from
Unisys. The license agreement will expire in August and must be renewed. The
full three-year license cost of $74,964.20 is due upon renewal. In order to
spread the cost over the next three fiscal years, staff has negotiated a contract
with Unisys Leasing Corporation to allow the City to finance the cost of the
lease. The contract would allow the City to pay $27,052 per year for three years
instead of paying the $74,964.20 all at once. The interest rate being charged
the City is 8.18%.
RECOMMENDATION: That Council (1) adopt the resolution approving the renewal of
the software license agreement with Unisys for three years and (2) approve the
contract with Unisys Leasing Corporation to finance the cost of the license
agreement over a three year period.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
The City of Chula Vista operates a Unisys mainframe computer to process many of
the City's large computer applications such as Police and Fire dispatching,
Payroll, Automated Accounting, Business License, Land Use Inventory, and others.
The operating system used to run the system is a proprietary product developed
by Unisys and licensed through Unisys for use on their mainframe computers. The
City's mainframe computer will not operate without the system software.
Unisys does not sell the system software but leases it to organizations who have
purchased their mainframe computers. As part of the original agreement with
Unisys to purchase the current mainframe in September 1990, a five year lease of
the system software was included. That lease will expire at the end of August
and the City must renew the license agreement for the software or discontinue its
use. With respect to mainframe computers, this is standard practice in the
industry. Discontinuing the use of the software would effectively make the
mainframe not usable, therefore the City must renew the license agreement. The
cost for the three year renewal is $74,964.20. This cost is reasonable based
upon the size and sophistication of the City's mainframe. This amount would be
payable by the City upon renewal of the license agreement.
Staff has researched ways to reduce the amount which would be payable in FY 1995-
96 and has negotiated with Unisys Leasing Corporation to spread the payments over
a three year period. Unisys Leasing Corporation would finance the. cost of the
license agreement ($74,964.20) at 8.18% (this rate was negotiated downward from
Unisys' original proposal of 9%) and allow the City to pay $27,052 per year for
three years.
7-/
Page 2 Item
Meeting Date
FISCAL IMPACT:
The cost for the license agreement for FY 1995-96 will be $27,052.
has been included in the FY 1995-96 budget for Management and
Services. A similar payment of $27,052 will need to be made in FY
FY 1997-98.
7~)'
?
08/15/95
This amount
Information
1996-97 and
RESOLUTION NO.
/7997
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT WITH UNISYS
CORPORATION FOR THE LICENSING OF SOFTWARE FOR
THE UNISYS MAINFRAME COMPUTER AND FINANCING
THE COST THROUGH UNISYS LEASING CORPORATION
WHEREAS, in September of 1990, the city of Chula vista
installed a new mainframe computer, the Unisys V-430 which included
as part of the purchase agreement a five-year lease of the system
software; and
WHEREAS, the system software includes the operating
system, COBOL compiler, and the data base management system; and
WHEREAS, all of these software products are proprietary
products from Unisys and are licensed directly from Unisys; and
WHEREAS, the license agreement will expire in August and
must be renewed; and
WHEREAS, the full three-year license cost of $74,964.20
is due upon renewal; and
WHEREAS, in order to spread the cost over the next three
fiscal years, staff has negotiated a contract with Unisys Leasing
Corporation to allow the City to finance the cost of the lease; and
WHEREAS, the
$27,052.00 per year
$74,964.20 all at once
this contract of 8.12%.
contract would allow the city to pay
for three years instead of paying the
with an effective rate of interest under
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve Agreement with Unisys
corporation for the licensing of software for the Unisys mainframe
computer and financing the cost through Unisys Leasing Corporation,
a copy of which is on file in the office of the city Clerk as
Document No. (to be completed by the Clerk in the final
document. )
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
7-) 17~f-
orm by
Presented by as t
Louie Vignapiano, Director of
Management Services
c: \rs\unisys
, city
Acreement Number
I 95070089
.
UNISYS
Consolidated
Agreement
State and Local Government
Customer Name and Maili~ Address
City of. Chu1a Vista
276 Fourth Avenue
Chu1a Vista, CA 91910
Customer acknowledges it has read and understands this Agreement (including all attached schedules and amendments) and is not entering
into this Agreement on the basis of any representations not expressly set forth in it.
AIreed and Accepted
Unisys Corporation
JMt. ~~~A,,,,,/ 7/'?EI'lS--
( t (Date
effrev S. Behrens Esq.
(Prlnladnypad nama) Ma. "'W"I uf CUnlJill;t5
Unisys Corporation
Customer
(Sianatu..)
(Date)
(Printadnypad nama)
(Trtle)
(Trtle)
1 of 14
7-5'
4305 6407'()()() (10191)
.
UNISYS
Consolidated Agreement
State and Local Government
Unisys Corporation ("Unisys") will sell and license Products and services and Customer agrees to purchase and license those Products
and services under the following terms and conditions:
1. Definitions
1.1 Software means the object code version of computer programs
and any related documentation, excluding maintenance diagnostics.
Software also means the source code version where provided by
Unisys.
1.2 Products means equipment, Software, documentation (includ-
ing manuals and education materials) and Software maintenance
releases and updates.
1.3 Software Processing Unit ("SPU") means equipment which
controls and executes Software.
1.4 SURETY Support Services means various forms of installation
and support for the Products.
1.5 Proprietary Information means Software, diagnostics, docu-
mentation, including manuals, and any other information con-
fidential to Unisys or its licensors.
1.6 Professional Services means all technical and consultative
services other than SURETY Support Services.
1.7 Installation Date means the date Unisys completes installation
(as determined by Unisys) or, if equipment or Software is to be in-
stalled by Customer, the tenth day following shipment.
2. Effective Date
This Agreement will become effective when signed by duly autho-
rized representatives of both parties and will continue in effect until
terminated according to its terms.
3. Schedules. Ordering Procedure
3.1 Unisys will furnish to Customer and Customer will accept and
pay for the Products and services itemized on the following sched-
ules which, together with the terms on the Schedules, are an in-
tegral part of this Agreement.
Schedule Name
A Equipment Sale
8 SURETY Support Services
C Software Licenses
D Professional Services
All references to Products and services in this Agreement are to the
Products and services listed on the Schedules and on any Sched-
ules submitted to and accepted by Unisys pursuant to Section 3.2
and to any Products and services supplied by Unisys with such list-
ed Products and services.
3.2 Customer may order additional Products and services under
this Agreement by submitting properly completed Unisys Sup-
plemental Schedule Orders referencing this Agreement. All orders
will refer to this Agreement by number and will be signed by Cus-
tomer_ All education lecture courses must be ordered on a Customer
Education Enrollment Application.
3.3 All orders are subject to acceptance by Unisys. Acceptance by
Unisys will be effective when communicated in writing to Customer.
The receipt or deposit by Unisys of a Customer down payment will
not constitute acceptance of an order. Any down payment received
from Customer will be returned if the order is not accepted by
Unisys.
3.4 Unisys may substitute Products of equivalent or superior func-
tionality and performance in the event that any of the Products or-
dered are not available at the time of shipment.
4. Delivery and Installation
4.1 Unisys will arrange for delivery of Products and Customer will
pay for transportation in accordance with the Unisys published
transportation charges in effect at the time of delivery or, if Unisys
has not published any such charges, Customer will pay Unisys lor
transportation charges actually incurred. Customer will also pay for
all cables and site-specific installation materials required to install
the equipment at Customer's site.
4.2 Unisys will provide Customer with one copy of the then-current
user documentation, in paper or electronic form, for use with the
Products ordered and environmental specifications for equipment,
where applicable. Prior to delivery of equipment, Customer will pre.
pare the installation site and will continue to maintain the installa-
tion site in accordance with such specifications.
4.3 Customer will install all items of equipment with the designa-
tion "Y" in the "Customer installable" column when there is no in.
stallation charge listed on Schedule A. Unisys will install all other
items of equipment. Customer will install all items of Software other
than those for which a fixed installation charge is indicated on
Schedule C. All Products to be installed by Unisys will be installed
during Unisys normal working hours, unless otherwise provided in
this Agreement.
4.4 Customer may arrange for installation by Unisys of Customer-
installable Products, subject to the then-current standard Unisys
charges and conditions.
4.5 If additional labor and rigging is required for installation due to
Customer's special site requirements, Customer will pay those costs
including costs to meet union or local law requirements.
5. Payment
5_1 Charges for Products will be invoiced upon shipment.
5.2 Charges for SURETY Support Services will be invoiced in
advance, monthly, annually, or at other periodic intervals; other-
wise, charges will be invoiced after the services are performed.
Hourly use, page and remote service charges will be invoiced
monthly unless otherwise indicated. Unisys recognizes that some
government entities are prohibited from paying in advance and
therefore will not pay until the services are rendered.
5.3 Charges for Professional Services will be invoiced as the serv-
ices are performed.
5.4 All charges must be paid no later than 30 days from the date of
the invoice. Unisys may impose a late payment charge equal to the
lesser of (a) 1.1/2% per month or (b) the maximum rate allowed by
law.
2 of 14 7 - ~
43056407-000 1101911
5.5 Additional charges may apply to services rendered outside con-
tracted hour; or beyond normal coverage at Customer's request,
e.g. travel expenses, premium and minimum charges.
6. Tiles
6.1 Customer will pay any tax Unisys becomes obligated to pay by
virtue of this Agreement, exclusive of taxes based on the net income
of Unisys.
6.2 All personal property and similar taxes assessed after ship-
ment wi II be pa id by Customer.
7. Price Protection
7.1 The charges for Products in any accepted order will remain firm
through delivery, unless through no fault of Unisys shipment takes
place more than one year after the date of the order. If Unisys noti.
fies Customer that an increase in charges will apply to its order,
Customer may terminate the affected part of its order by giving writ-
ten notice to Unisys within ten days of the date of notification of the
increase.
7.2 SURETY Support Services charges will not be increased during
the fir;t twelve months following the commencement of those servo
ices. The charges may be increased thereafter on each anniversary
of the commencement date following 90 days prior written notice to
Customer, unless otherwise noted on Schedule B.
7.3 Charges for Software Licenses and Professional Services will
not be increased during anyone-year term, but may be increased
prior to any subsequent term upon 90 days prior written notice to
Customer. If Software or services are contracted on a month-to-
month basis the charges may be increased at any time following 90
days prior written notice.
8. Security Interest
Unisys reserves a purchase money security interest in equipment
until payment in full is received for all equipment delivered to Cus-
tomer and, for that purpose, this Agreement is a security agree-
ment. By signing this Agreement. Customer authorizes Unisys or its
agent to sign on behalf of Customer the necessary financing state-
ments, or to file a reproduction of a financing statement. Aiterna-
tively, Unisys may file this Agreement or a copy of this Agreement to
perfect its security interest. If this Agreement or a copy of it is filed,
information concerning the security interest may be obtained from
Unisys at the address stated in Section 17.
9. Customer's Operational Responsibilities
9.1 Customer acknowledges it has independently determined that
the Products and services ordered under this Agreement meet its
requirements.
9.2 Customer has sole responsibility for use of the Products, in-
cluding operating procedures, audit controls, accuracy and security
of input and output data, restart and recovery routines, and other
procedures necessary for Customer's intended use of the Products.
9_3 Customer will ensure that its personnel are, at all times, edu-
cated and trained in the proper use and operation of the Products
and that the Products are used in accordance with applicable
Unisys manuals and instructions.
9.4 Customer will maintain back. up data necessary to replace criti-
cal Customer data in the event of loss or damage to such data from
any cause.
9.5 If Unisys is providing SURETY Support Services, Customer will
(a) maintain the operating environment in accordance with Unisys
specifications, (b) provide adequate working and storage space for
use by Unisys personnel near the equipment, (c) provide Unisys full
access to the equipment and sufficient computer time, subject only
to Customer's security rules, (d) follow Unisys procedures for deter.
mining if remedial service is required, (e) follow Unisys instructions
for operator maintenance and obtaining services, (I) provide a
memory dump and additional data in machine readable form if re-
quested, (g) reproduce suspected errors or malfunctions in Soft-
ware, and (h) install all error corrections and maintenance releases
supplied by Unisys.
9.6 Professional Services supplied by Unisys under this Agreement
are provided to assist Customer. Customer, not Unisys, will be
responsible for determining objectives and obtaining the desired
resu its.
10. Protection of Proprietary Information
10.1 Customer will keep in confidence and protect Proprietary In-
formation from disclosure to third parties and restrict its use as
provided in this Agreement. Customer acknowledges that unautho-
rized disclosure of Proprietary Information may cause substantial
economic loss to Unisys or its licensors. All materials containing
Proprietary Information will be marked with "Proprietary",
"Confidential", or in a manner which gives notice' of its proprietary
nature. Proprietary Information will not be copied, in whole or in
part, except when essential for correcting, generating or modifying
Proprietary Information for Customer's authorized use. Each copy,
including its storage media, will be marked by Customer with all no-
tices which appear on the original.
10.2 Upon termination or cancellation of any license granted under
this Agreement, Customer will destroy (and, in writing, certify des-
truction) or return to Unisys all copies of the Software the license for
which has been so terminated or cancelled and any other related
Proprietary Information in Customer's possession (including Pro-
prietary Information incorporated in other software or writings).
10.3 Any ideas, concepts, know.how, data-processing techniques,
Software, documentation, diagrams, schematics or blueprints deve-
loped by Unisys personnel (alone or jointly with Customer) in con-
nection with Professional Services provided to Customer will be the
exclusive property of Unisys. Unisys grants to Customer a non-
exclusive, royalty-free license to use any of the foregoing in accor.
dance with the terms of this Agreement.
10.4 Customer acknowledges that all support materials, including
without limitation, diagnostic software, are the property of and in-
clude Proprietary Information of Unisys. Customer assures that
such materials will be used only by Unisys maintenance personnel,
and that Unisys has the right to remove such materials from Cus-
tomer's facility at any time. This provision applies even though such
materials may be listed in the Unisys price lists, catalogs, invoices or
contracts.
10.5 Customer will inform its employees of their obligations under
this Section 10 and instruct them so as to ensure such obligations
are met.
10.6 This Section 10 will survive termination or cancellation of this
Agreement.
30f 14
7-7
43056407-000 (101911
~-'
~.
11. License
11.1 Unisys grants to Customer a personal, non-exclusive and non-
transferable license to use Software and related documentation
according to the terms and conditions of this Agreement, solely for
Customer's internal data processing requirements on the Unisys
SPU in the United States on which Sqftware is initially installed.
Customer's use of Software will also be governed by any additional
conditions which Unisys may provide on or prior to delivery of Soft-
ware. Customer agrees that Unisys may periodically inspect the
computer site in order to audit the Unisys software installed at Cus-
tomer's site at mutually agreed upon times.
11.2 Customer may develop application programs, may modify any
Unisys application Software and may combine such with other pro-
grams or materials to form an updated work, provided that upon
discontinuance or termination of the license, the Unisys application
Software will be removed from the updated work and returned to
Unisys.
11.3 Customer will not decompile or disassemble any Software
provided under this Agreement or modify Software which bears a
copyright notice of any third party. Customer will make and main-
tain no more than one archival copy (for backup purposes) of each
item of Software, and each copy will contain all legends and notices
and will be subject to the same conditions and restrictions as the
original.
11.4 If the SPU on which any item of Software is licensed becomes
temporarily unavailable. use of such Software may be temporarily
transferred to an alternative SPU.
11.5 No license is granted to Customer to use any Unisys
proprietary operating system Software to (a) assess, test or develop
any hardware products either for others or where they are to be
marketed by Customer for compensation, or (b) develop allY soft.
ware program other than an application program. This license res-
triction does not apply to MS/DOS, UNIX and CTOS/BrOS operating
systems. Application programs means programs for performing
specific automatic data processing tasks such as payroll, inventory
control, information retrieval or repetitive arithmetic operafions,
but excludes programs such as environmental programs, handlers,
operating systems and data base management programs.
11.6 If Customer desires to use Software in a service bureau mode
or at another location or as described in Section 11.5, Customer
shall request prior permission in writing from Unisys. Unisys will
then advise Customer whether, and under what terms and condi-
tions, Unisys will license the Software as requested. All restrictions
applicable to Customer will also apply to any permitted service
bureau users.
11.7 This Agreement does not transfer to Customer title to any in-
tellectual property contained in any Software, documentation or
Proprietary Information.
12. Warranties and Disclaimers
12.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT.
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERA.
TION OF LAW OR OTHERWISE. UNISYS DISCLAIMS THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PAR-
TICULAR PURPOSE AS TO BOTH UNISYS AND NON.UNISYS
PRODUCTS AND SERVICES. 'UNISYS WARRANTIES EXTEND
SOLELY TO CUSTOMER.
12.2 Equipment:
(a) Unisys warrants that equipment will be free from defects in
material and workmanship and will substantially conform to rele-
vant Unisys published specifications for a period of twelve months
from its Installation Date. Equipment (i) may be newly manufac-
tured. (ii) may be assembled from new or serviceable used parts
that are equivalent to new parts in performance, or (iii) may have
been previously installed. During this twelve month warranty
period, Unisys will repair or replace any defective equipment
promptly reported or sent to Unisys by Customer which Unisys de.
termines was defective due to faulty material or workmanship. Cus.
tomer will pay transportation and insurance costs to ship
equipment if an off.site repair location is designated by I:Jnisys;
Unisys will pay the return costs if the equipment was defective.
Labor costs of diagnosis are not included in this warranty.
(b) Because equipment requires on-going maintenance, the preced.
ing warranty is not a substitute for SURETY Support Services,
which are available to Customer for a charge.
(c) Unisys makes no representation or warranty as to non.Unisys
equipment provided to Customer, all of which is sold or licensed to
Customer "AS IS". Customer agrees to look solely to the warranties
and remedies, if any, provided by the manufacturer.
12.3 Software:
(a) Each item of Software with the designation "WOO is, in its un-
altered form, warranted for 90 days from its Installation Date to
conform substantially to the then-current pub1ished functional
specifications, provided such Software is used in a manner consis.
tent with any applicable Unisys minimum equipment and software
configuration specifications. Unisys will make reasonable efforts to
correct such errors reflecting significant deviations from the func-
tional specifications as are reported by Customer to Unisys during
such warranty period.
(b) Because not all errors in Software can or need be corrected,
Unisys does not warrant that all Software defects will be corrected.
Similarly, Unisys does not warrant that the functions contained in
the Software will meet Customer's requirements or that the Soft-
ware will operate in combinations selected for use by Customer.
(c) All other Software delivered is not warranted by Unisys and is
licensed "AS IS". In the case of non.Unisys Software, Customer
agrees to look solely to the warranties and remedies, if any, provided
by the Unisys licensor or vendor.
12.4 SURETY Support Services:
(a) Unisys warrants that equipment and Software will be supported
in accordance with the specific SURETY Service Plan selected.
Unisys sole and exclusive obligations under this warranty will be to
conform to the Service Descriptions. Equipment parts which are re-
moved for replacement by Unisys become the property of Unisys.
(b) To determine eligibility and prerequisites for SURETY Support
Services, Unisys may require inspection, at Customer expense, of
equipment which (a) has not been maintained continuously by
Unisys from the date of purchase by Customer or (b) has been
relocated.
(c) All equipment, interconnected by signal and power cables, and
non-application Software, located at the same site and which are
subject to SURETY Support Services are required to be supported
at the same Service Level as the SPU. Local area networks, worksta-
40114
?-JY
43056407-000 (101911
tions and remote data communication Products are not required to
be at the same Service Level as the SPU.
(d) SURETY Support Services do not cover the parts and service
required to repair damage attributable to (i) alterations, out-of.
specification supplies, or defects in design, material or workman.
ship of non.Unisys products and services, (ii) accidents, misuse,
negligence or failure of Customer to follow instructions for proper
use, care and cleaning of equipment, (iii) external factors (e.g.,
failure or fluctuation of electrical power or air conditioning, fire,
flood, or (iv) failure by Customer to comply with Unisys environ.
mental specifications.
12.5 Professional Services:
(a) Unisys will endeavor to provide Professional Services on a timely
basis subject to availability of qualified personnel and the difficulty
and scope of the services to be provided.
(b) Unisys may assign, reassign and substitute personnel at any
time and may provide the same or similar services and materials to
other Customers.
13. Alterations and Attachments
13.1 If Unisys is providing SURETY Support Services, Customer will
give Unisys prior written notice of any proposed alterations or
attachments to equipment. Unisys has no obligation to provide
SURETY Support Services for non.Unisys attachments, altered
equipment or modified Software. Should Unisys agree to maintain,
support or correct altered Products, Unisys may impose additional
charges.
13.2 Unisys is not responsible for any malfunction, nonperfor.
mance or degradation of performance of Products, supplies or main.
tenance support materials caused by or resulting directly or
indirectly from any alteration or attachment unless Unisys is main.
taining the alteration or attachment that causes the malfunction.
13.3 Unisys warranties will not apply if attachment of non.Unisys
equipment or alteration of Products directly or indirectly results in
any malfunction, nonperformance or degradation of performance of
Unisys Products; in addition, Customer will be solely responsible for
resulting infringement, personal injury or damage to property and
Products.
13.4 For purposes of this Agreement, "alterations" includes, but is
not limited to, the incorporation of non.Unisys components, boards
and subassemblies into equipment, as well as modifications to Soft.
ware. "Attachments" includes, but is not limited to, any non.Unisys
equipment, software, components or devices which are connected
to Unisys Products.
14. Limitation of Liability
14.1 Unless further limited elsewhere in this Agreement, the entire
liability of Unisys and Customer's exclusive remedy for damages
from any cause related to or arising out of this Agreement, regard.
less of the form of action, whether in contract or in tort, will not ex.
ceed the greater of (a) $100,000 or (b) the charges paid to Unisys
during the 24.month period immediately prior to Customer's notice
PUTsuant to Section 18.5 for the Products or services which are the
subject matter of or directly related to the causes of action asserted.
This Section 14.1 does not apply to claims covered by Section 15.
14.2 In no event will Unisys be liable for (a) any incidental, indirect,
special or consequential damages, including, but not limited to, loss
of use, revenues, profits or savings, even if Unisys knew or should
have known of the possibility of such damages, (b) claims, demands
or actions against Customer by any person, except as provided in
Section 15, or (c) loss of or damage to Customer data from any
cause.
14.3 The entire liability of Unisys and Customer's exclusive remedy
for any defective non.Unisys Products provided under this Agree.
ment is limited to their return to Unisys within 90 days after ship.
ment for refund of the amount paid to Unisys for such Products (not
including any amounts paid for related services).
14.4 Unisys may direct Customer to third parties having products
or services which may be of interest to Customer for use in con.
junction with the Products. Notwithstanding any Unisys recommen.
dation, referral or introduction, Customer will independently
investigate and test third.party products and services and will have
sole responsibility for determining suitability for use of third.party
products and services. Unisys has no liability with respect to claims
relating to or arising from use of third.party products and services.
15. Patent, Copyright and Trade Secret Indemnification
15.1 Unisys, at its own expense, will defend and indemnify Cus.
tomer against claims that Products furnished under this Agreement
infringe a United States patent or copyright or misappropriate trade
secrets protected under United States law, provided Customer (a)
gives Unisys prompt written notice of such claims pursuant to Sec.
tion 17, (b) permits Unisys to defend or settle the claims, and (c) pro.
vides all reasonable assistance to Unisys in defending or settling
the claims.
15.2 As to any Product which is subject to a claim of infringement
or misappropriation, Unisys may elect to (a) obtain the right of con.
tinued use of such Product for Customer or (b) replace or modify
such Product to avoid such claim. If neither alternative is available
on commercially reasonable terms, then, in the case of equipment,
at the request of Unisys, Customer will discontinue use and return
such equipment and Unisys will grant a credit for the price paid to
Unisys, less a reasonable offset for use and obsolescence; in the
case of Software, the applicable license will be terminated and no
further charges will accrue.
15.3 Unisys will not defend or indemnify Customer if any claim of
infringement or misappropriation (a) is asserted by a parent, sub.
sidiary or affiliate of Customer, (b) results from Customer's design or
alteration of any Product, or (c) results from use of any Product in
combination with any non.Unisys products.
15.4 This Section 15 states the entire liability of Unisys and Cus.
tomer's sole and exclusive remedies for patent or copyright infringe.
ment and trade secret misappropriation.
16. Termination and cancellation
16.1 Unisys may suspend SURETY Support Services if any payment
for such service under this Agreement is past due more than 30
days.
16.2 Unisys may terminate SURETY Support Services or change
the levels of support available to an item of Software upon six
months written notice or at the expiration of the then.current term
for SURETY Support Services, whichever occurs earlier.
5 of 14
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4305 6407.()()() 1101911
:>
16.3 Either party may terminate any license for Software or any
SURETY Support Services upon expiration of the applicable term by
providing 30 days prior written notice. Failure to give such notice
will result in a renewal or extension of the license or service in ac.
cordance with the provisions of this Agreement. The licenses for any
Software automatically terminate upon Customer's discontinuance
of use of the SPU on which the Software was licensed, at which time
Customer must either destroy or return the Software and documen.
tation to Unisys. Upon termination or cancellation of SURETY Sup.
port Services, all diagnostics will be returned to Unisys
16.4 Without prejudice to other remedies, Unisys may cancel this
Agreement or any order placed under it, for default and repossess
Products (excluding only equipment for which the purchase price
has been fully paid), if, upon written notice, Customer fails to
(i) make any payment identified as delinquent (including payment of
charges for Services) within ten days or (ii) cure any default relating
to Sections 10 or 11 within 30 days.
16.5 Unisys may terminate SURETY Support Services on 30 days
prior written notice if Unisys determines that any alterations, at.
tachments, Customer Software modification or failure to install a
maintenance release will interfere with the provision of such
services.
16.6 If the government body that appropriates Customer's funds
for data processing does not allocate such funds beyond the then.
current fiscal period, Customer may terminate all or any portion of
this Agreement. Customer will be liable for any accumulated pay.
ments due prior to the effective date of the new fiscal year. Cus.
tomer is not permitted to obtain any similar data processing
equipment, software or service from any third party following such
termination notice to Unisys.
16.7 Termination or cancellation of this Agreement will not affect
any rights or duties arising under it with respect to Proprietary In.
formation or security interest.
17. Notices
17.1 All notices required by this Agreement to be given to Customer
will be sent to its address on the cover page of this Agreement.
17.2 All notices required by Sections 15 and 18.5 and all requests
for information under Section 8 will be sent by certified or
registered mail and, when given to Unisys, addressed to:
Attn: Law Department
Unisys Corporation
Township Line and Union Meeting Roads
Blue Bell PA 19424
cc: Regional Vice President
17.3 All other notices to Unisys will be sent to the Unisys office
which has been servicing Customer.
18. Arbitration
18.1 Subject to Sections 18.2 through 18.5 hereafter, any con.
troversy or claim arising out of or relating to this Agreement or the
breach thereof will be settled by arbitration before three arbitrators
in accordance with the Rules of the American Arbitration Associa.
tion ("AM") then in effect, and judgment upon the award rendered
by the arbitrators may be entered in any court having jurisdiction.
Any such arbitration will be conducte~ in the city nearest Cus.
tomer's main U.S. office having an AM regional office. The arbitra.
tors will be selected from a panel of persons having experience with
and knowledge of electronic computers and the computer business,
and at least one of the arbitrators selected will be an attorney.
18.2 The arbitrators will have no authority to award punitive
damages nor any other damages not measured by the prevailing
party's actual damages, and may not, in any event, make any ruling,
finding or award that does not conform to the terms and conditions
of this Agreement.
18.3 Either party, before or during any arbitration, may apply to a
court having jurisdiction for a temporary restraining order or
preliminary injunction where such relief is necessary to protect its
interests pending completion of the arbitration proceedings.
Arbitration will not be required for actions for recovery of specific
property, such as actions for replevin.
18.4 Neither party nor the arbitrators may disclose the existence or
results of any arbitration hereunder without the prior written con.
sent of both parties.
18.5 Prior to initiation of arbitration or any other form of legal or
equitable proceeding, the aggrieved party will give the other party
written notice in accordance with Section 17 describing the claim
and amount as to which it intends to initiate action.
19. Other Provisions
19.1 All risk of loss or damage to Products will pass to Customer
upon delivery to Customer's location.
19.2 Neither party will be liable for failure to fulfill its obligations
when due to causes beyond its reasonable control.
19.3 Any failure or delay by either party in exercising any right or
remedy will not constitute a waiver.
19.4 This Agreement will be loverned by the local laws of the state
or commonwealth in which Customer is located.
19.5 This Agreement constitutes the entire agreement between the
parties with respect to the Products and services provided hereun.
der and supersedes all prior proposals and agreements, both writ.
ten and oral, and all other written and oral communications
between the parties. The terms and conditions of this Agreement
will supersede all other terms and conditions submitted by Cus.
tomer, including any preprinted terms on any Customer purchase
orders.
19.6 Unisys may assign this Agreement or its interest in any equip.
ment, or assign the right to receive payments, without Customer's
consent. Any such assignment, however, will not change the obliga.
tions of Unisys to Customer. Customer will not assign or transfer its
rights or obligations under this Agreement without prior written
consent of Unisys. Any assignment or transfer prohibited by this
provision will be \/Oid. Unisys may subcontract any services
described in this Agreement to third parties selected by Unisys.
19.7 The terms and conditions of this Agreement may be modified
only by a writing signed by a Unisys Vice President, General
Manager or Contracts Manager.
19.8 No arbitration proceeding or legal action, regardless of its
form, related to or arising out of this Agreement, may be brought by
either party more than two years after the cause of action first
accrued. .
19.9 Each paragraph and provision of this Agreement is severable,
and if one or more paragraphs or provisions are declared invalid, the
remaining provisions of this Agreement will remain in full force and
effect.
6 of 14
'7- /0/7- /:<
I
43056407-000 (1019l)
.
UNISYS
Equipment Locaticn
Schedule A
Equipment Sale
Acreement Number
I
List Unisys Products Applicable tc This Acreement
Item Style Description
number
Quantity Unit purchase price
Customer Installation
Instal~b~ charse
Total purchase price
Total instillation chirp Total purchase price
$ $
her
$
Grand total
$
Less: down payment
$
Totol .mount due
$
70114 J-//
43056407-000 110m)
.
UNISYS
"'I\J 1:;:1\wl w. l~ :J
SURETY Support Services
Equipment Location
Bill To Location
,tdministrator
Telephone no.
Administrator
Telephone no.
Term (Check if more than 1 year)
o 2 years 0 3 years
_%
Billing period (Check one)
o Monthly 0 Annual
Annual rate increase cap
(J.year term or longer)
o Other (_ years)
",
,
List Unisys Products Applicable to This Acr'eement
l.eYeI/Plan Style Description (Include vendor name and model if non-Unisys product)
(
/
. The following No-Addibonal-Charge-Maintenance period (~NCM") services apply to equipment if designated:
a) A 90 day or one year HeM applies to equipment designated 1 or 2, respectively. During the NCM, any Monthly Unit Charge indicated shall
not apply; however, any charges for opttonal, additional or upgrade services shall apply. Also during the NeM, Unisys will provide Essential
Engineering Changes (on a Carry In/Ship In basis only) and Carry In/Ship In Service at no charge during the PPM.
b) A 90 day or one year NCM applies to equipment designated 3 or 4, respectively. During the NCM, any Monthly Unit Charge indicated shall
not apply; however, any charges for optional, additional or upgrade services shall apply. Also during the NCM, Unisys will provide Essential
Ensineering Changes and Equipment On.CaIl Remedial Maintenance at no charge during the PPM.
c) If Unisys SURETY Support Services cover equipment designated 1 or 3 for a period immediately following the NCM, Customer is, in addition,
during the NCM or any remaining portion thereof, entitled to all the benefits of the Unisys SURETY Support Service Plan purthased.
d) If Customer orders a Unisys SURETY Support Service Plan and pays the then-current monthly maintenance rate upgrade charge (if
applicable) for equipment designated 2 or 4, Customer will receive all the benefits of the SURETY Support Service Plan selected for such
equipment during the remaining portion of the NCM. The upgrade charge will be indicated in the description column.
80114
')- / ..<
Unisys SURETY Service Level
(C) Comprehensive
(P) BasicPlus
(B) Basic
(I) Intro
SURETY Support Service
commencement date
o Other:
Total monthly charge
~
Total
$
Other
$
GrancltoUl
$
4305 64Q7-OOO 110/911
Schedule B - Definitions and Service Descriptions
A. Definitions
1. Principle Period of Maintenance ("PPM") means 8:00 a.m. to 5:00
p.m., Customer's local time, Monday through Friday, excluding
Unisys designated holidays.
2. 011 Hours means all hours other than the PPM.
3. Customer Operational Hours ("COW) means all times when
Customer uses the Products.
B. Service Descriptions
If not otherwise specified on the Schedule, the initial term of SURETY Support Services will be 12 months commencing on the later of the
Installation Date of the applicable Products or the date Unisys accepts the order for such services. At the end of the initial term, SURETY
Support Services will continue on annual renewal basis at Unisys then-current list prices until terminated or cancelled in accordance with the
terms of this Agreement. The specific services provided with respect to each Service level and Plan are identified on the next page.
1. Centralized Support provides telephone information during the
PPM on operating the Products, identifying Product errors or mal-
functions and advising on known detours, reporting software
problems via a User Communication Form (UCF), and determining
the need for on-call remedial service. Centralized Support during
011 Hours consists of expediting response to system emergencies.
2. SureNel Information Services provides 1-800 telephone access
via a dial-up workstation to information on Unisys Products and
services.
3. Software Trouble Reporting provides User Communication Form
(UCF) Service for reporting of suspected Product errors or mal-
functions or suggested documentation changes. Unisys will make
reasonable efforts to provide detours or corrections. Customer will
install all error corrections.
4. Essential Engineering Changes are changes released by Unisys for
safety purposes or changes Unisys determines are mandatory.
Changes will be installed at a mutually acceptable time during the
applicable hours of coverage.
5. Carry In/Ship In Service, for Unisys designated Products only, in-
cludes repair of equipment carried in or shipped to a Central
Service Center in accordance with Unisys instructions. For equip-
ment carried in, Unisys will notify Customer upon repair, and Cus-
tomer will promptly pick.up the repaired unit. For equipment
shipped, Unisys will repair and return ship the equipment to Cus-
tomer. Customer shall bear all cost of shipment and risk of loss in
transit to the Central Service Center.
6. Equipment Maintenance Parts are parts required for repairs.
7. Equipment On-Call Remedial Maintenance includes on site repair
or replacement of equipment if a problem remains unresolved af-
ter Customer has utilized Centralized Support as prescribed.
8. Equipment Pnrventive Maintenance includes installation of non-
essential engineering changes as determined by Unisys. This
maintenance will be performed at Customer's location at a mutu-
ally acceptable time during the applicable hours of coverage.
9. Software Maintenance Release Service includes error corrections
and maintenance releases for Software which have been deve-
loped or provided by Unisys. Such releases shall be licensed only
for use on the designated computer system(s) under the applica.
ble license agreement. Customer will install all error Ct)'rections
and maintenance releases.
10. Remote Support Services, as available, permit Customer to reo
ceive Software fixes electronically or to transmit to Unisys system
performance data via a Customer-supplied modem.
11. Installation of Equipment is provided at a mutually acceptable
time during the initial system installation. This service does not
apply to equipment added to the system at a later date.
12. Systems Operations Review provides that Unisys will meet with
Customer's personnel once annually, at a mutually acceptable 10
cation and time, to conduct computer systems operation reviews
with respect to the Products. Customer is responsible for
scheduling the meeting.
13. SureNel Support Services provide technical information electroni.
cally via an on-line system. These services are available annually
in hourly increments per month, with excess usage charged by the
minute and accumulated surplus time not carried over beyond
each anniversary of service commencement.
14. Software On.call Support includes on.site service if a Software
problem remains unresolved after Customer has utilized Central-
ized Support as prescribed.
15. Centralized Support Guaranteed Response (available only during
the Principal Period of Maintenance) provides that, upon receipt
of Customer's telephone call to the Unisys Customer Support
Center, a Unisys customer support analyst will pick up the call
promptly or will place a return call to Customer within 20 minutes
of receipt of Customer's call.
16. Equipment On-Call Remedial Maintenance Guaranteed Response
means that a customer services representative will arrive at Cus-
tomer's site within the time specified below. Response time is
measured from the time Unisys determines the necessity to dis-
patch a customer services representative until his/her arrival at
Customer's site. The time required for Customer Support Center
analysis and diagnosis, to obtain parts, and to perform main.
tenance, is not included in the response time measurement. The
response times below are based on the distance from the applica-
ble Unisys service point to Customer's site. In the event of a
change in location of the equipment site or the Unisys service
point, the response time will be deemed amended accordingly.
Miles to the Nearest
Service Point
0-60
Over 60
PPM
Response Time
2 hours
No guarantee
011 Hours
Response Time
3 hours
No guarantee
90f 14
7-;;S
4305 6407-000 (10191)
-"
Schedule B . Unisys SURETY Service Levels and Plans
The Service Plans apply to Products, including interconnected peripherals/attachments. The Service Levels are cumulative (e.g. the services
defined under Basic are in addition to those defined under Intro). The hours of coverage for Intro, Basic and BasicPlus Service Levels are
during the PPM. The hours of coverage for the Comprehensive Service Level are during the COH, unless designated PPM only. Not all Service
levels are available on all Products. Individual Unisys SURETY Support Services contained in a higher Service Level than contracted are
provided at Customer request, as available, at then-current Unisys conditions and charges.
LEVELS
Plan 4
.
I
N
T
B R
A 0
B S
A I
S C
I
C
C P
0 L .
II. U
P S
R
E
H
E
N
S
I "
V
E
.
Plan 1
Plan 2
Plan 3
1. Centralized Support - Software and Equipment X X X
2. SureNet Information Services I X X X
3. Software Trouble Reporting X X X
4. Essential Engineering Changes X X X
X4
X5
5. Carry In/Ship In (PPM only)
X
X
X
X
X
X
X
X
6. Equipment Maintenance Parts
7. Equipment On-Call Remedial Maintenance X
8. Equipment Preventive Maintenance X
9. Software Maintenance Release Service I X
10. Remote Support Services 1 X
X
X
X
X
11. Installation of Equipment X X X X6
12. Systems Operations Review X X X
13. SureNet Support Services I (I hour per month) X X X
14. Software On-Call Support X X2 X
15. Centralized Support Guaranteed Response (PPM only) X X X
16. Equipment On-Call Remedial Maintenance X X3
Guaranteed Response
Legend:
5 For non-Unisys equipment, Customer supplies materials.
Additional labor charges will apply for all levels of support
except Comprehensive.
6 For non-Unisys equipment, materials are not included.
X Included (Labor and Materials)
1 Selected Unisys products only
2 During the Principal Period of Maintenance only
3 Available during emergency LAN down situations
4 Not available for non-Unisys Software under Intra and
Basic service levels
10 of 14
7~ J 'I
4305 6407'()()() (1001)
.
UNISYS
Schedule C
Software Licenses
Equipment Location
1Acreement Number
276 Fourth Avenue, Chu1a Vista, CA 91910
List Unisys Products Applicable to This Agreement
Item Style Description Quantity Wan. license plan License Initial Installation
number (specify ETP charge license charge
term) charge
1 V430-VS2 System Software 1 W 36 Mo. $40,558
2 V430-DM2 Data Mgmt. Software 1 W 36 Mo. 22,677
3 V430-C74 COBOL 74 1 W 36 Mo. 6,825
THE TERM OF T ESE LICENSES SHALL BE 8/6/95 'HROC ~H 8/5/98
I
,
I
I ,
:
,
,
I
,
,
I
Terms and Conditions - License Plans: foUl omounts due
70,060 $ $
1. licenses of Software for which Unisys charges enher an Annual license Grl"" loIIl
Charge (ALC) or a Monthly License Charge (MLC) will have an innial term of $ 70,060
twelve months commencin on the Installation Date. The MLC license will
g
continue on a month-ta-month basis and the ALC will renew annually until
the license is terminated or cancelled in accordance wtth Section 16 of this
Agreement.
2. For certain licenses, Unisys may charge an Initial License Charge which will
include the first monthly or annual charge.
3. Elltended Term Plan (ETP): Certain licenses of Software for which Unisys
charges a single fee may have a 36 or 60 month extended term cofl'mencing
on the Installation Date. Upon e,piration of the extended term, the license
will be automatically continued on a month-ta-month basis for a Monthly
license Charge, unless terminated in accordance with Section 16 of this
Agreement, or Customer may pay another ETP fee for an additional extend-
ed term, II available.
4. One Time Charge (0lC): For certain Software, upon payment of a one-time
charge (inlOiced upon shipment of the Software), Unisys Will license Cus-
tomer to use the Software so long as Customer continues to use the Software
on the SPU on which it was originally licensed for use.
5, Software that has no license charge listed on Schedule C will have a license
term which is coterminous with Customer's possession and use of the eQuip-
ment on which the Software is installed.
/-b/l~/r
11 of 14
43056407-000 (10191)
-::>
[Agreement NumDer
Schedule D - Description of Professional Services
\
'I
,
,
130114
')-/7
4305 6407.()()() (10/91)
Lerr: \,um~r
Schedule D - Description of Professional Services (Cont.)
i
I
14 of 14
?~/;r
43056407-000 110/911
Unisys Leasing Corporation
City of C!iura Vista
June 6,1995
Documentation Checklist
Check
Number of
Oriainals ,
Document
ITEMS REQUIRING SIGNA TURE ONL Y
2 Master Equipment Lease Agreement 8680
2 Lease Schedule 01
2 Notice of Assignment
1 IRS Form 8038GC
ITEMS REQUIRING COUNTY'S PREPARA TION
2 Essential Use
1 Opinion of Counsel
1 Invoice Instructions
ITEM TO BE COMPLETED AT THE TIME OF ACCEPTANCE
2 Certificate of Acceptance
Return all copies of original executed documents to the address listed below
1000 Marina Boulevard Brisbane, California 94005
Tel: (415) 875-4544 Fax (415) 875-4545
7--)1
'.
UNISYS LEASING CORPORATION
EQUIPMENT LEASE AGREEMENT
(State and Local Government Financing Agreement)
LEASE AGREEMENT No. R6RO
DATE: June 7. 19q~
LESSEE: City of ('..hula .Vista
LESSEE'S PRINCIPAL PLACE OF BUSINESS:
276 Fnnrth A.v~nn':"
Chu1a Vista, CA 91910
Lease Agreement, made U of the above date, between UNISVS LEASING CORPORATION, . Colorado corporation ("L.esaor''), heving as a mailing address 1401 Pearl
Street, Suite 200, Boulder, Colorado 80302. and the ~ named _ ("~'). having I1a principal place ell buainaaa Iocatad . the add.... ... Ionn a.....
1. LEASE AGREEMENT: Lessor hereby klas.s 10 LIS.ee and La,," hereby rents trom Lessor all the machinery, equipment and Ol:her personal property
("Equipm.nt") d..cribed in Equipm.nt L.u. Sch.dul.(.) related h.reto which are or may lrom time to time be .xecuted by leuor and leaHe ("SCh.dul....). upan
the terms and conditions set forth herein as supplemented by the terms and conditions lit fonh In the appropriate Schedu" klentifying auch items of ~quipment.
THE EQUIPMENT DESCRIBED IN EQUIPMENT LEASE SCHEDULE(S) RELATED HERETO DOES NOT INCLUDE SYSTEM SOFTWARE OR ANY OTHER PROGRAM
PRODUCTS. ANY SUCH SOFTWARE OR PROGRAM PRODUCTS SHALL BE SUBJECT TO A SEPARATE LICENSING AGREEMENT BETWEEN LESSEE AND UNISYS
CORPORATION. Whenever reference Is made herem to this "L..se" It shall be deemed to mean a Schldule and the term. of thil Agreement apphe.~le to such
Schedule, Each Schedule Ihall constitute I ..parate and Independent L....,
2, TERM: The obligations under this Lease Ihall commence as of the date the Schedule II accepted In writing by Lauor and Ihln end upon full performance
and observance of each and every term. Condition and cownant Nt fort" In thil L.eue and any extenlions thereof (the "Leue Term'l The rental term of the equipment
listed In a 8chedull shall commencl upon thl dati of aCclptlncl of thl Equipment by LA.... (thl "Acctptance'Date") and contlnul tor thl number of
monthl Ht forth In luch Schedull, beglnnlnQ with the fl,.t month commencing attlr the Acceptanc. Dat., un'e" luch term hu been extended or otherwise
modified In wrlUng and signed by Lessor and Lellee (the "Rental Term"), Thi, Leue cannot be cancelled or terminated by Leasee except u exprellly provided herein,
3. RENTAL PAYMENTS: L..... .hall pay rent to L...or for the Equipm.nt In the monthly amounts apeeifie<i In the applicabl. Schedul.. R.nt ,hall b. payabl.
on the first day of each month during the Rental Te,m, Rent shall be payable at the mailing address of Lessor ..t forth above. Rental payments made by check will
be accepted lubject to collection.
At Lessee's request, Lessor may advance for Lessee's benefit software license fees Ind/o' service fe.. Incidental to the delivery, 'nmllation andlor operatIon (If
the Equipment. If luch tees are advlnced by Lessor, the monthly rental payable by LeiS" to Lessor shall Include an additional amount to COYer repayment of such fHS.
Lessor and Lassee understand and Intend that the obligation of Lessee to pay rent hereunder shall constitute an expenae of Leuee and shall not in any way
be construed to be a debt of Lessee in contravention .01 any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness
by Lessee, nor IhaUanything contained herein constitute a pl.dge of the general tax revenues, funds or monies 01 Leuee.
4. DELIVERY AND INSTALLATION: Lessee will .elect the type. quantity and supplier cf each item of Equipment designated in the appropriate Schedule, and
in r.liance thereon such Equipment will then be ordered by Lessor from such supplier, or Lessor will accept an .ssignment of .n existing purch.se order therefor.
Lessor shall have no liability tor any delay in delivery or failure by the supplier 10 deliver any EqUipment or to lilI any pure".se order or meet the condlllons thereof
Lessee. at its expense. will pay all transportation. packing, taxes, duties. insurance, installahon, testing and other Charges in connection with Ihe delivery. Installation
and use of the Equipment. ~ soon as practicable after receipt of the Equipment, Lessee shall furnish Lessor with. wrinen statement acknC7wVledging recelel 01 the
Equipment in good operating condition and repair, and accepting It as satislactory in all respects for the purposes of this Lease. Completion and signature of such
statement by any employee. official or agent of Lessee having authority In the premises or having managerial, superviSOry or procurement duties with respect to eQuipment
of the same general tVpe as the Equipment leased hereunder ahall constitute .cceptance of such Equipment on behalf of Lesse..
Lessee understands and agrees that neither manufacturer, aeller, or supplier, nor any aalesman or other .gent of m.nufacturer, Miler or aupplier. 1& an agent
of Lessor. No salesman or agent of manufacturer, seller or supplier is authorized to waive or alter any term or condition of this LeIH, .nd no representation as to
Equipment or any other matter by manufacturer. seller or Supplier shall in any way affect Lessee's duty to pay the rental payments .nd perform its other obligations
as sel forth in this Lease.
5. WARRANTIES: LESSOR. NOT BEING THE MANUFACTURER. SELLER OR SUPPLIER OF THE EQUIPMENT. OR THE AGENT OF THE MANUFACTURER
SELLER OR SUPPLiER. MAKES NO WARRANTY. REPRESENTATION OR COVENANT. EXPRESS OR IMPLIED. AS TO ANY MATTER WHATEVER. INCLUDING BUT
NOT LIMITED TO: THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE DESIGN OR CONDITION OF THE
EQUIPMENT. THE QUALITY OR CAPACITY OF THE EOUIPMENT. THE WORKMANSHIP IN THE EQUIPMENT. COMPLIANCE OF THE EQUIPMENT WITH THE
REOUIREMENT OF ANY LAW. RULE. SPECIFICATION OR CONTRACT PERTAiNING THERETO. PATENT INFRINGEMENT. OR LATENT DEFECTS. le.... accordingly
agrees not to assert any claim whatsoever against Lessor based thereon. Lessee further agrees. regardless of cause, not to ....rt any claim whatsoever against Lessor
for any dir.ct. indirect, consequential, Incidental or special damages or 10Sl. of any clllalfication, including, without limitation, .ny !oat profits. LeSlor shall have no
obligation to Install. erect. test. adjust. lervice, or maintain the Equipment. Lessee 'hall look 'olely to the m.nufactur.r, Hlle" and/or supplier for .ny and all claims
relat.d to the Equipment. LESSEE LEASES THE EQUIPMENT "AS IS". LESSEE'S OBLIGATIONS TO PAY RENTALS AND OTHER AMOUNTS UNDER THIS LEASE
SHALL BE AND ARE ABSOLUTE AND UNCONDITIONAL.
Lessor hereby acknowledges that the warranti.s of the manufactur.r. ..ller andlor luppller of the Equipment, If any. are for the benefit of both LIIsor and lessee
6. TITLE TO AND LOCATION OF EQUIPMENT: During the term of this Lease, title to the Equipment and any Ind III addition., attachments, repairs. replacemenlS
and modifications thereto or th.refor Ihall be vested in Le".., lubj.ct to the rights of Lellor under thll L..... Upon the occurrence of . termination of the L....
pursuant to the provisions of Paragraph 21 herein. unle.. Llssor elects otherwise, tlUe to the Equipment shall revert 10 Llllor free of .ny right, title and interest of
Lessee. lessee, at Its expense, will protect and defend le....'1 title to the Equipment .nd Lessor's righta therein and will keep thl Equipm.nt free .nd clear from
any and all claims, liens, encumbrances and legal prOCelleS of Ltssee's creditors and OIher persona. All Items of Equipm.nt ahall at .11 times be and remain personal
property notwithstanding that any such Equipment may now or h.reafter be affixed to realty.
In the event of a default. hereunder, at the option of Lellor, title to the Equipment Ihall revert 10 Lessor. .nd Lessee wlll, upon lellor's request, promptly surrender
poullsion of the Equipment to Leslor. LI.... hereby Irrevocably designates, makes, constitutes and appoints Lessor (and all persons designated by L.ssor) as Lessee's
true and lawful attorney in fact with power, at such time of default or luch times thereafter II Lessor, In It I lole and ablolute discretion, m.y determine, in lessee's
or Lessor', name, to endorse the name of LesSla upon any Bill of Sale. document, Inatrument, invoice, freight bill, bill of I.ding or similar document relating to the
Equipment in order to vest title In Lellor and tranlf.r posllssion to Lelsor.
The Equipment ahall be delivered to the location .pacified in the Schedule with reapec:t th.reto and shall not th.reatter be removed from .uch location WIthout
111. prior wrln.n consent of le,.or. Without limitation of the foregoing, leaHe 'hall nOl permn lhe Equipment 01' any pan th.reof to be re_ outside the United Ststes.
7. TAX EXEMPTION: L..,.. hereby conv.nan.. and ogre.. that the panion of lhe renlal paym.n.. under this leu. identified In th. IPproprial. Sch.dul.
u deferred Intereat (the "Inte,est Componen",. upon receipt. will not be Includable a. Fecleral grosl income of the LeIlOr and will be exempt from Federal income
taxe,> NOIwithatandlng anything h.reln 10 th. contrary, If during the Lta.. Term or th.reatt.r, It 'I determin.d that III or any part of the Int.reat Component is sub/ecl
Form "1C, 4192
7---.}.o
.ral Incoma _ I.IaaM ahaIl pay III ....... jlIOIIlpIIy ..., IUCIl -.mInaI\On an _ IUCIl ... .... ~ lot Fedafa/ -- ... on IUCIl _nt,
'culatad on Iha baala ollha hlgheat marginal _........Incoma ... .... than pwalHng, Iha ~ NIIIned by ~ -*I equal (I) Iha IIIlOUlll of... III which
Iha I"",reat Component or tha _ part _ -.Id bO aubjacI K K ... _ . Iha h1ghaat marginal "",por'" Incoma ... .... lot -" ..,.. pa<Iod -
by IUCh _rmlnallon, plua OQ any aIIer.... 1""'_ _nM, penaIllea or _KIonI '" tax Incurred by ~ 01 any mamba< ol a -- group ol which ~
ta aIao a mamber II a _uK ol all or pan. ollha 1""'_ Component being aubjact '" federal Incoma _. In any IUCIl _nt, all - paymanll _Ing due
hereunellr aubeequent '" .uch _rmlnallon ahaIl be adjuatod (baaed upon Iha oaaumpllona ... Iha 1_ Component or Iha -.". part - ahaIl oontlnuo
III be .ubjact 10 _ra1 Income ..... and ... .uch _ are payoblo by lha ~ . Iha h~ marginal 00fII0I* Incoma tax .... than pwalllng) to ... lha
aIIer-IaX ylold on tha Intereat Component ollha rental payrnonla ahaIl be equal III Iha yield which Iha ~ -.Id .-No K Iha 1- Component or Iha -...
pert thereof was not aubfeclto Federal Income ....
8.. USE OF EQUIPMENT, INSPECTION AND 1lEPOIlT1l: Dunng tha _ "rm, ~ .hall be",,-Ill quI<< .._nt 01_ EqulpoMm and may-
and UN the Equipment In accordance with the LHH. pnMded that L.MHe Ie In compUance In all f'MPeCI:I wtIh the I1Nma of thll l..MH and thai IIUCh to -vlo"'l
and u.. are In oonIormlty wKh ~I Ip9,ljcablo _, any lnauranoo poIlclea, and any InIlaIIalIon requ,-* (lncIudlng environmental apoclficaliona) or -- ol
Iha manufacturer, ..liar and/or .uppllar wKh mpacllo Iha Equipment. I.IaaM ahaIl pnMdo all pormKa and -, K any, ~ lot tha 1.-aJ1at1on and opa-
of the Equipment. IAaaOr ahall haW the right, upon reaaonIbIt prior notice III I.IaaM ITlCl during ~u'-' buIl_ houll, III inapecllha Equlprnonl . Iha premlMa
01 L.aaaao or __r tha equipment may be _. I.IaaM .hall promptly noIlIy Loaaor ol any alleged oncu_ on Iha Equlpmant or any _nt allegedly
reaultlng!rom tha _ 01 oparatlon'thareoI 01 any claim _ng _ ~ ahaII be ,-..-..blolor the - ol.. - and - - In 01 ~
atf'I Equipmertbeing l'ItUmed or '-" JII - and L8Ii8Or........ no ....,oa_llttyb.eI'fiJ "'ortlllblr~. rwnIinIng WI or~ -.; rwturned Of. ~ '"
Equlpmant.
g. IlCURITY AGREEMENT; FURTHER ASSURANCES: 'Ib Meure \hi pertormanco ol all ol 1.IaaM'. obI~lon. _undor, 'lAaaM hereby granta III ~
a _urlty Intereat conatKuting a fira1 lion on \hi EqUlpmant and on all anachmanla, _III, replacemenll, ITlCl mod_1onI - 01 -, ITlCl on any... " ja
lharehom. I.IaaM .g.... '" oucute or dallver .uch _Klonal documenll, Including, without Ilm-.lon, financing _mania, opInlonl ol counaal, noIlooa ITlCl a1m11ar
lnatrumenta, In torm "Iafaetory 10 Laaaor, which Laaaor _ma _ry or _roprIalo 10 _I.h ITlCl malnteln fiB Meurlty - In tha Equlpmant 01 lor lha
confIrm.ion or perfection Of thl. LAlli and lAaaor'. rights _unellr. Laaaor It hereby authorizad III fila financing _nil a1gnod only by lAaaor In accordanoI
with the Uniform Commen:lal Coda or algnad by lAaaor II l.IaaM'a attorney In l8ct.
10. RISK OF LDSS: All riak olloU, damage, thafi or __Ion III each Item ol equipment ahall be borne iii tha lAaaao. No auch IoU, damage, thafi or
deStruction d the Equipment, In whole or In part, shan Impair the obIlgattonl of ....... under the lAaM ai' of which ahall continue in full torce and effKt and L.euM.
. Lealor'. option, .hall (a) place the _od Equipment In good repair, condKlon and _Ing ordar, (b) replace \hi aamo with IIlea ... equIpment In good -,r,
oondnion and working ordar and wKh claar tKIa tha_ In I.IaaM and with a _urlty Intereat \harein ..lafytng lha requlremonta ol Pansgraph , hereof having _n
duly granted to L.easor. or (c) pay the L.eISOr an amount equal to all amounts including rent due and to becOmI due under this Laue with rwapect to the IffrrIc:ted
Equipment. Provided that Lessor has received the amount ....rJ*:I to In clause (c) of thll Paragraph 10 tor MY 118m 01 Equlpment. L.Meee shall be emit*' 10 the
proceeds of any recovery In respect of aald Kem from inauran~ Of OIherwise.
11. INSURANCE: Unl..s prohibKad by applicable law (LA.... having given "riIlen noIlce 10 Laaaor ol.uch prohlbKion prior 10 _ring Into thla LAlli), 1.IaaM,
at Its own expense. ,hall throughout the Rental Term Inlure each Item of Equipment against all rlaka and In an amount at .ut equal to thI amount of all unpaid
rent due and to become due under this Lease with respect to such Item of Equipment (or luch greater amount u shall be reasonably ~uired by Leuor), wnh carriers
acceptable to Lessor. under a policy or polictes containing . kIN payable endorsement in favor of LeIaof' and Ita ,ucceuora and ...igns. and affording to L.euor
and Its successors and U&igns such additional prolection aa Lessor and ItIsuccessors and ...ignl thaI! rwuonably Nquire. L.8IIM ahaIl further aI tts expenM rnalnlain
In effect throughout the Rental Term a policy or policies 01 comprehensive public liability and property damage Insurance In form and amount and wtth carriers aatiGactDry
10 Lessor. All such Insurance shall name Lessor and Its succeuors end usignl as additional insureds. The policies ,hall provide thai they may not be cancel'-d
or ahered wtthout at "ast 30 deys prior written notice to Lessor or Ita successors or auigns. l.HHe shall deliver to Lessor coptn or other .....tdence utilfactDry
to Lessor of each Insurance petiey end each renewal thereof. Failure by Lessor to request .....Idence of luch insurance policies or ..newals. or otherwise to verity
the existence of such insurance. shalt nOl conlttt:ute a waiver of the requirements hereof. Lessor shall have the right on behatf of ttletf and L.HMe. to make ctaim
tor, 1'eC8ive payment of, and execute and endorse all documents. checks or drafts received In payment for 101I or damage under aaid insurance policies.
12. MAINTENANCE AND REPAIRS,: Leas.. shall, at tts expenH, maintain each hem of Equipment and aU addttions, .nachmentl and accessories with rwpec:t
thereto. in good repair. conditioI'} and working order, but shall not be rwponsible tor normal wear and tear or deprKiation ..sutting from the authorized use thereat.
Lessee shall. at Its own expense. enter into and keep in toree during the Rental Term. maintenance agreement to maintain. ..rvlce and repair the Equipment. Untns
otherwise agread In writing by Leasor. such maintenance agreement will be with tha manufacturer ol tha Equlpmonl. lAoaor ahaIl haW the right III __ auch mai_
agreement, and L.nHe shall furnish LHsor with an executed copy of such maintenance agreement. LeIIM, wtthout the prior written consent of Lnaor. shall make
no modifications or atterations to any hem of Equipment except engineering changes suggested by the manufacturer. LMMe thall make no repair, addition or .nachment
with respect to any Item of Equipment which Interferes with the normal and aatistactory operation or maintenance thereof, or CfIIate. a aatety hazard. Leuee shall.
at Its own expense and wtthin a reasonable period of time, replace all parts of Equipment that may become worn out, loll. destroyed or otherwise ..ndered permanently
unfit tor un, with appropriate new replaceT!l8nt parts. L.eIIee shall not take any action which might ..suh In the creation of a mechanic's or materiatman's 'ten with
qapect to any item of Equipment. All modificationl. repairl. ..placement parts. additions and attachments, aI any time made or placed In or upon the Equipment
ahall become part of the Equipment and subject to LHsor', aecurhy Interest therein; provided. howtever. that LaAH shall ha.... the option of removing any addition
or anachment which haa been paid tor or Olherwl.. provided by """,, to long II the equipment ahall haW been - 10 Ka original condnion, norrnaJ _r
and .ar excepted. .
13. TAXES: Unla.. prohlbltad by appllcabla law (1.IaaM having given _n noIlce '" Laaaor oI.uch prohlbKion prior '" anterlng - thIlLAIII), I.IaaM ahaIl
1Ima1y pay all _mems, Iloonao leal, _ (Including _, _, _, pareonaI property, ad ..-.n, atamp, documontory and _r taxes) ITlCl all _r _m_
charges. leal, fines or ponaKIos wh_r, _her payable by Laaaor or. a.,-, on or relallng 10 tha Equipmant, \hi rentel paymenta, or \hi uao, regis1ra1lon, ~ntaI,
shipment. tr8nsportation. deli....ry. OWMrlhip or operatton thereof. and on or Nfl1ing to thlllMM; provided. howeWr. that the toregoing than not Include any ..rat.
etate or local Income or franchise taxes of Leiior.
14. LESSOR'S PERFORMANCE OF LESSEE'S OBLIGATION: K l8aaH ahalltall "',duly and promplly perform any ol Ka obI~a undor thla LAllI with
_pact '" the Equipment, Laaaor may, . Ka option, perform any act or _ any payment \llllioh lAaaor _ma _ry lor \hi maintenance and __Ion ol
1ha Equipmant and Laaaor'.lnleraata therein, Including, but noIllmKod 10, paymenll lor aatI_n olllona, _III, ...... - and lnauranco. All upen_ Incurred
by LA..or In portormirg .uch acta and all .uch paymenta mada by Laaaor lOgOlher with Iala charges II pnMded In Paregraph 15 below, and any re_ lagal
leal Incurred by Laaaor In connection \hIrewKh, ahaIl. be odcIKlonal rent undor thla LAllI and payoblo by l8aaH '" Laaaor on damand. The pertormanco ol any
acl or payment by lAaaor II atorosaid .hali noI be _mad a waiver or -.. ol any obI~1on or _uK on tha part ol 1.IaaM.
15. LATE CHARGES: Should I.IaaM 181110 duly pay any pan ol any .......JioJIflInt or ~.~om '" be paid Ill. Laaaor under thlt Laaao (Including, but noI
IImKad 10, any amounta duo II a _uK ol Loaaor'a _reiao ol Ka _lea under ~laph 25 hIiWi/llwKhln tan daya ol\hl dala which IUCIl amount It duo hereundor,
lhan I.IaaM .hall pay lata charges on .uch dallnquent payment from tho _h ti*~ ....r \hi d"; 'iIIoie lhareof until peld (both - 1nclYa1ve), . tha - ol 20%
per annum or the highoat rete pormiltad by law, whlchaWr It leal.
16. INDEMNIFICATION: ""'" illUmes liability lor, ag.... 10, and -. hereby _mnlly, proIaCllTlCl Mop harmleal lAaaor and Ka .ucoaaao.. and _;gns
and their _poeti"" agonla, employeea, oltlcell, dlrectora, _nil, .ubaldiarlaa and atockholdall from and agaInIt any and allllabllitla., obIlg.ions, -, damages.
Injuno., claim., damand., penaKIe., action., coata ITlCl upen_ (Including _ attorney'a ....), ol _r kind and nalure, artalng out ol the -, condKlon
(Including, but not IImltad 10, I.ent and _r ~ and _her or not cIiaC:O\IOTabIa by I.IaaM or, ~), oparaIlon, _..hip, ..Iacllon, delivery, IeaIlng or lIIlum
of any Karn ol Equipment, raganlla.. of _re, how ITlCl by whom oparaIad, or any tallu" on lha pan of lAaaao 10 accopllha Equlpmant or _rwtaa III perform
or comply with any condllona of thla Laaao. The IndomnKIea ITlCl _umpllonl olllabll~1ea ITlCl obI~1ona _In pnMded lot ahaIl oontlnuo In lull Iotco ITlCl aIloct
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"standing the ",pi'etion 0< termin.tion 01 .ny R.ntal Term 0< the L.eeee Term. L.eeee8 Ie .n Independent contractor .nd nolhing oontained In thle ~... .h.1I
uthoriz. ~.... or .ny other person to operet. .ny ".m 01 Equlpmen1 80 U to Incur 0< Impoee 'OY 1Iel>i1l1y 0< obllgetion for 0< on behllf 01 Lessor.
17. NO OFFSET: This Lease is I net Ie... ALL RENTAL PAYMEN'TS SHAU BY PROMPTLY PAID BY LESSEE IRRESPECTIVE OF Nf'( SElOFf, COUNTERClAIM,
RECOUPMENT, DEFENSE OR OTHER RIGHT WHICH LESSEE MAY HAVE AGAINST LESSOR, OR THE MANUFACTURER, SELLER AND/OR SUPPLIER OF THE
EaUIPMENT OR ANY OTHER PARTY.
18. TERMINATION OF LESSOR'S INTEREST: If L.eeee8 Ih.1I hove perlormed III of Its obIigetlonl .nd no dellult Ih.1I hove occurred Ind be continuing under
this Lease, and this Lease shall not have been ..rlieT terminated with respect to the Equipment, then, at the end of the Rental Term with reapect to any hem 01
Equipment, lessor's interest in such Equipment 'hall terminate. LHsee shall be responsible for any applicable NIlS, UN. exci... personal property, ad valorem, Ilamp,
documentary and other appl;cable taxes arising due to luch termination.
19. ADVANCE RENTALS; SECURITY DEPOSIT: Any advance ,.mals paid by LH... to LeslOr ahall be applied to Initial rental payments coming due under
this Lease. A MCurity deposit shall be due upon acceptance by Lessor of .ach SChedule providing therefor in the amount specified in such SChedule. The Mcurlty
deposit shall be non.lnterest bearing and shall be Hcurity for the full payment and performance of all terms, conditions and obligations of the Lessee under this
Lease. Such deposit shall not excuse the performance at the time and in the manner prescribed of any obligation of lnHe or prevent or cure default thereof. Lessor
may, but shall not be required to, apply such security deposit toward discharge of any overdue obligation of Lessee. The portion of the security deposit received by
Lessor in connection with acceptance of a particular Schedule shall be refunded to Lessee, proytded that l.HMe has fully complied with and discharged all its obligations
under such SChedule and is not and has not been in default under this Lease.
20. REPRESENTATIONS AND WARRANTIES OF LESSEE: L.eeee8 hereby repreeenlS .nd we'rents to end Igrees w"h leIaor thet:
(a) Lessee Is a State, . possession of the United States, the District of Columbia, Dr a political subdivision of any of the foregoing within the meaning of
section '03 of the Internal Revenue Code of '986, as amended, and Treasury Regulations and Rulings related thereto. tf Leuee Is incorporated, it is duly organized
and existing under the Constitution and laws of ita jurisdiction of incorporation and will do or cause to be done all things necessary to preserve and keep such
organization and existence in full force and effect.
(b) Lessee has been duly authorized by the Constitution and laws of the applicable Jurisdiction and by a resolution of its goyernlng body (which resolution,
if requested by Lessor, is attached hereto), to execute and deliver this Lease and to carry out its obligations hereunder.
(c) All requirements have been met, and procedures have occurred in order to Insure the enforceability of this Lease, and LeAee has complied with luch
public bidding requireme!lts, If any, as may be applicable to the transactions contemplated by this Lease.
(d) The Equipment will be used by Lessee only for the purpose of performing one Dr more governmental Dr proprietary functions of LeHee consistent with
the permissible scope of Lessee's authority and will not be used in a trade or business of any person or entity Dr for any personal, family Dr household UH.
(e) Lessee has fundS available to pay rent until the end of its current appropriation period, and it will request funds to make payments in each appropriB1ion
period, from now until the end of the term of this Lease.
21. NON...lPPAOPAIATION: If Lessee periodically requests from its legislative body Dr funding authority fundS to be paid to Lessor under this lease and,
notwithstanding the making in good faith of such 1'equest in accordance with appropriate procedures and with the exercise of reasonable care and diligence, such
legislative body or funding authority does n01 approve fundS to be paid to Lessor for the Equipment, Lessee may, upon prior wrinen notice to Lessor Iffective 60
days after the giving of such notice or upon the exhaustion of the funding authorized for the then current appropri81ion period, whichever is later, return the Equipment
to Lessor at Lessee's expense and thereupon be released of its obligation to make all rental payments to Lessor due thereatler, provided: (i) no funds from any source
Dr by any means whatsoever exist for payment for the Equipment or other amounts due under the Lease, (Ii) the Equipment is returned to Lessor in the same condition
as when firs1 delivered to Lessee, reasonable wear and tear resulting solely from authorized use thereof e.cepted, (Iii) the foregoing notice states the failure of the
legislative body or funding aulhority to appropriate the necessary fundS u reason for cancellation, and (iv) the notice is accompanied by payment of all amounts then
due to Lessor under this Lease. In the event Lessee returns the Equipment pursuant to the terms of this Paragraph 21, Lessor shall retain all lums paid hereunder
by Lessee, Including any security deposit paid hereunder, and in addition, Lessee shall pay to Lessor the termination charge, if any, specified in the applicable Schedule
hereto. If the provisions 01 this Paragraph 21 are utilized by Lessee, Lessee agrees not to purchase, tease or rent equipment performing functions similar to those
performed through the use of the Equipment, or to obtain from any source the services or information which the Equipment was to perform or provide, tor the balance
aI the appropriation period following lessee's exercise of its tennination rights hereunder and the entirety cA the next applicable appropriation period foIkM'ing such I8rminatlOn.
22. ASSIGNMENT BY LESSEE: Withoul Lessor's prior written consent, Lessee may not, by operation of law or otherwise, (a) 8S$ign, transfer, pledge. hypothecate
Dr otherwise dispose of this Lease or any interest therein or (b) during the Rental Term, sell, Dr grant, suffer or permit any Iten or ..curity interesl on, or sublel Dr
kmd the Equipment or permit the Equipment to be used by anyone other than Lessee or lessee's employees.
23. ASSIGNMENT BY LESSOR: Lessor may assign, sell or encumber all or any part of this Lease, the rental payments and any other rights Dr interests of
Lessor hereunder, including Ihe rights under this Lease and rental payments relating to any individual Schedule hereto. In the event of any such assignment 01 rental
payments hereunder and written direction by Lessor to lessee, Lessee shall unconditionally pay directly to any such assignee all rentals and other sums due or to
become due unde' 'his L..... THE RIGHTS OF ANY SUCH ASSIGNEE SHALL NOT BE SUBJECT 10 ANY DEFENSE. COUNTERCLAIM OR SET.QFF WHICH LESSEE
MAY HAVE AGAINST LESSOR. Notwithstanding the foregoing, any such assignment (I) shall be subject to Lessee's right to possess and use the Equipment so long
as Lessee is not in defaull under this Lease and (b) shall not release any of Lessor's obligations hereunder Dr any claim which Lessee has against Lessor.
24. EVENTS OF DEFAULT: Lessee shall be in default under this Lease upon the happening of any of the following events Dr conditions ("Events of Default'),
unless such Event of Default shall have been specifically waived by Lessor in writing:
(a) Default by Lessee in payment of any Installment of rent Dr any other indebtedness Dr obligation now or hereafter owed by Lessee to Lessor under thiS
Lease Dr otherwise or in the performance of any obligation, covenant or liability contained in this Lease Dr any other agreement or document with Lessor, and
the continuance of such default tor '0 consecutive days after written notice thereof by Lessor to Lessee, or (b) any warranty, representation or Itatement made
Dr furniShed 10 Lessor by or on behalf of Lessee proves to have been false in any material respect when made Dr furniShed, Dr (c) actual or attempted sale,
te8se or encumbrance of any of the Equipment, or the making of any levy, HiZure or attachment thereof Dr thereon, Dr (d) dissolution, termination of existence,
discontinuance of Lessee's business, iMDlvency, business failure, failure to pay debts as they mature, Dr appointment of . receiver of any part of thl propeny
of, or assignment for the benefit of creditors by Lessee, Dr the commencement of any proceedings under any bankruptcy, reorganiZation or arrangement laws
by or against Lessee.
25. REMEDIES OF LESSOR: Upon the occurrence of any Event of Defautt and at any time thereatler, Lessor may, without any further notice, exercie one
Dr more 01 the following 1'emedies as Lessor in itllOle discretion shall elect: (a) terminlte the Rental Term and all of Lessee's rightS hereunder as to any or all itlms
of Equipment; (b) personally, Dr by Its agents, take immediate possession from Lessee of any Dr all ttems of Equipment wherever found and for this purpose enter
upon Lessee's premises where any item of Equipment is located and remove luch ttem of Equipment without notice or process of law and free from all claims 01
.ny nature whatsoever by Lessee; (c) proceed by appropriate court action or actions to enforce performance by Lessee of tis obligations hereunder or to recover damages
for the breaCh hereof (which damages shall, without limitation, consist of (i) all accrued and unpaid rentals, (ii) the preslnt value of all future rentals due hereunder,
(ill) all late charges, (iv) all of Lessor's costs and expenses incurred In connection with the enforcement of this Lease, (v) the amount of any tax benetits lost by Lessor
by reason of Leuee's defautl hereunder, and (vi) any Dlher damages caused by Lessee's delautt hereunder) or pursue any other remedy available to Lessor al law
or In equity Dr otherwise; (d) deClare all unpaid rental payments and other sums payable hereunder during the term hereof 10 be immedialely due and payable without
any presentment, demand or proeesl (all of which are hereby expressly wiaved by Lessee); (e) cause Lessee, al its sole cost and expense, to promptly relurn Ot make
.vailable to Lessor any or all items of Equipment in the ..me condition IS when first delivered 10 lei"', reasonable wear and tear resulting eolely from authoriZed
use thereof excepted; and (1) take any and all Ictions to which lessor Ihall be entitled under applicable law.
A termination of any Rental Term on account of any Event of Defautt hereunder shall occur only upon written notice by Lessor to Lessee and only with respect
to such Item or items of Equipment as Lessor lpeclfically elects 10 terminale in suCh notice. Except as to auch item Dr items with respect to which there is a termination
of the Rental Tlrm, this Lease shall continue in full torce and -"eel and LessH shall be obligaled to perform all acts and to pay all rental payments and Dlher amounts
required under this Leue.
No right or remedy herein conferred upon or reHMld to lMIOr II exclusive of any right or remedy herein or at law 01' in equity or otherwiH provided or permined,
but .Ich Ihall be cumulative of every other right or remedy given hereunder or now Dr hereafter .xisting It law or in equity or by ltatute or otherwise, and may
be enforced concurrently therewith Dr from time to time.
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26- DISPOSITION OF EQUIPMENT: In the ...nI lAIsor NPOOH.... the Equlpmenl, lAIsor may, withou1 any obligation wttatsoovor on tho pan 01 Lnaor to
~o 80, (a) lease the Equipment. or any portion thereof. In luch manner, for luch time and upon luch terms.. L.easor may determine or (b) Mil the Equipment, or
any portion thereof. at on. or more public or private ..., in luch manner, and It luch timet: and upon luch terms as lH&or may determine.
In the event thai Lessor .....s any .uch Equipment. any rentals received by Leuor tor the Remaining Leue Terma(s) (the period ending on the date when the
Rental Term of this Lease for the Equipment would have expired if an Event of Defautt had not occurred) for luch Equipment ahall be applied to the payment (in
the following order) of (i) all costs and expenses (including reasonable attorney', fees) incurred by Lellor In retaking pouess,ion of, and removing: Itoring. repairing.
Nfurbishing and leasing such Equipment, and (ii) the rentals for the remainder d the Rental Term and all other tums then remaining unpaid under thiS Lease, including,
wtthout limitation, late charges payable uncler Paragraph 15 hereof. The balance or such rentals, If any, shall be applied first to reimbul'M L.esaee tor any sums previously
paid by Lessee to Lessor as damages described in subparagraphs (c)(ii), (iv) and (v) of Paragraph 25 hereof, and any remaining amounts shall be retained by Lessor.
All rentals received by Lessor for the period commencing after the expiration of the Remaining Leue Term(s) Ihlll be retained by Lessor. Without limiting any other
rights or remedies 01 Lessor hereunder, Lessee shall pay to Leasor upon demand any amount by which the lum d the amounts referred to in clauses (i) and (ii)
above shall exceed the aggregate rentals received by Lessor under such leases for the respective Remaining lHH Term(I) applicable to the Equipment ccwered by
IUch leases.
In the ...nt that Lallor .hall lOll or OIhorwiao di.pose 01 (OIhor than pUrluanl to . lelll) any .uch Equipmanl, the procead. thereof shall be applied to the
payment (in the following order) of (i) all costs and expenses (including reasonable anomey's fees) Incurred by Lessor in retaking possession of, and removing, atoring,
repairing, refurbushing and ..lIing or otherwise disposing of such Equipment, and (ii) the rentals for the ,.mainder of the Rental Term Ind all other sums then remaining
unpaid under this Lease, including, without limitation, late charges payable under Paragraph 15 hereof. The balance 01 luch proceeds, if any, Ihall be applied first
to reimburse Lessee tor any .ums previously paid by Lessee to Lessor as damages described In .ubparagraphs (c)(ii), (iv) and (v) 01 Paragraph 25 hereof, and any
remaining amounts shall be retained by lessor. Without limiting any other rights or remedies of LllIOr hereunder, LeHee shall pay to Lessor upon demand any amount
by which the sum of the amounts referred to in clauHs (i) and (ii) above shall exceed the aggregate proceeds received by Lessor In connection with the I8le or
disposition of the Equipment.
'D. REGISTRATION AND REPORTING REQUIREMENTS: The Lessee represents and warrants that the L.Hsee Ihall comply at all times with all applicable
requirements of the Internal Revenue Code of 1986, as amended (the "Code"), including but not limtted to the registration and reporting requirements of Code Section
1..9. In furth.rance thereof, and notwithstanding any other provision of this Agreement to the contrary, the Le.... represents and warrants as Iollows:
(a) The LeIIee .hall maintain, directly or through its agents, a book .ntry registration lyS'Iem with respect to thil Equipment Laue Agreement, which shall
clearly reflect at all times the name, the address, the Taxpayer ldentifica1ion Number, and the ownership interest 01 .ach person who has an ownership interest
in this Equipment Lease Agreement.
(b) Upon receipt of written notice from Lessor or any usignee of Lessor of the IIIle, transfer or asignment of an interest in the Equipment Lease Agreement,
Lessee shall immediately record, in the aforesaid book entry registration aystem, the IIle, transfer or assignment to any person of said interest in this Equipment
Lease Agreement; any failure by lessee to record promptly a sale, transfer or asignment of an interest in thiS Equipment Lease Agreement Ihall constitute a
default under this Equipment lease Agreement.
28. FILING REQUIREMENTS: The lessee shall comply with the provisions of Section 1"9(e) 01 the Code including but not limited to the completion and filing
of the required informa1ion Itatement on a timely basis.
29. COSTS: Lessee shall pay Lessor all costs and expenlls, Including reasonable lIttorney'. tees, incurred by Lessor in enforcing any 01 the terms, conditions
or provisions 01 thiS lease.
30. SEVERABILITY: Any provision of this Lease which is prohibited or unenforceable in any jurisdiction .hall, IS t,o such jurisdiction, be ineffective to the ment
of luch prohibition or unentorceability, wi1hout Invalldatlng the remaining provisions hereof, To the extent permitted by apphcable law, Lessee hereby waives any provISion
or law which prohibits or renders unenforceable any provision hereof In any respect.
31. NOTICES: All notices, reports, and other documents provided lor herein .hall be deemed to h8Y8 been grven or made when received or when mailed, postage
prepaid, or delivered to a telegraph or cable company, addressed 10 Lessor or Lessee at their respective addresses set forth above or .uch other addresses as either
of the parties hereto may designate in writing to the other from time to time for such purpose.
32. AMENDMENTS AND WAIVERS: This instrument and the Schedules executed by lessor and Lessee consti1ute the entire agreement between lessor and
lessee with respect to 1he Equipment and the subject maner of this lease. No term or provision of this lease may be changed, waived, amended or terminated
except by a written agreement signed by both lessor and lessee, except that lessor may insert the seriar number of any item of Equipment after delivery thereof.
No waiver of or delay or omission in the exercise of any right or remedy herein provided or otherwise available to Lessor .hall impair, affect or be construed as a
waiver of its rights thereafter to exercise the same. Any lingle or partial exercise by Lessor 01 any right hereunder Ihall not preclude any other or further exercise
of any right hereunder.
33. CONSTRUCTION: This lease shalt in all respects be governed by and construed in accordance with the laws of the lI1te or other Jurisdiction in which
the Equipment shall be lotated in accordance with Paragraph 6 hereof. The tiUes of the sections of this lease are lor convenience only and shall not define or limit
any of the terms or provisions hereof. Time Is of the essence of this Lease in each of its provisions.
34. PARTIES: The provisions of 1his Lease shall be binding upon, and (subject to the limitations of Paragraph 22 hereof) shalt inure to the benefit of. the assigns,
representatives and successors of lessor and lessee. If there is more than one Lessee named in this Lease, the liability of each .hall be joint and several.
35. INTEREST: "under applicable law any part of the Rental Payments are deemed or determined to be imputed interest finance charges or time-price differential
("Interest"), the parties agree that the Rental Payments shall be deemed to be level payments of principal and Interest, with such Interest accruing on principal amounts
outstanding from time to time. The ra1e of such Interes1 is not intended to exceed the maximum amoun1 of interest permitted by applicable law. If the Interest exceeds
luch maximum, then at lessor's option, if permitted by law, the Interest payable will be reduced to the legally permitted maximum amount of interest, and any excessive
Interest will be used to reduce the principal amount of Lessee's obligation or refunded.
36. ARTICLE 2A WAIVERS: In the event that Article 2A of the Uni10rm Commercial Code II adopted under applicable state law and applies to this Lease.
then Lessee, to the extent permitted by law. waives any and all rig,hts and remedies conferred upon a lessee by Sections 2A.Soe through 2A-522 of such Article 2A,
including, but not limited to, Lessee's rights to: (i) cancel or repudla1e this Lease; (ii) reject or revoke acceptance of the Equipment, Software or Services, (ili) claIm,
'grant or permit a security interest in the Equipment in Lessee's possession or control for any reason; (iv) deduct from Rental payments or other amounts due hereunder.
all or any part of any claimed damages resulting from lessor's default, if any, under this lease; (v) accept partial delivery of the Equipment: (vi) "cover" by making
any purchase or Nlase 01 or contract to purchase or tease equipment in lubS1itution lor Equipment designated in this Lease; and (vii) obtain speCifiC performance.
replevin, de1inue, sequestration, claim and delivery or the like for any Equipment identified to this lease. To the extent permitted by applicable law. Lessee also hereby
waives any rights now or hereafter conferred by statute or otherwise which may require Lessor to sell, Ie.se or otherwise use any Equipment in mitigation of Lessor's
damages or which may otherwiH limit or modify any of leIsor's rights or remeches.
LESSEE HEREBY ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT.
IN WITNESS WHEREOF, lessor and Lessee have each caused this Lease to be duly executed as of the date first abOYe written
City of Chula vista
Accepted as of the date first above written at leIsor's principal ptace or bu.ine.s
In the State of Colorado... forth below:
LESSff
BY.
(Signature)
UNISYS LEASING CORPORATION
(Printed Name and Title)
By
(Signature and Title)
1401 Pearl Street, Suite 200
By
(Signature)
Boulder, Colorado 80302
(Prinled Name and Title)
(Muat be signed by _ duly authoriZed 10 enter into Laaao on beheli 01 Lasaoo)
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II ~:
j
FROM Il..t-IISYS !.lEST C3ROJP
714-'766-4724
1995,07-28
15'53 M5a9 P.02
UNlSYS LEASING CORPORATION
FInancing Quotation for
City of Chula Vista
7/28/95
Vendor: UnJsys
Kems Flnanc:ed:
DescrIolion
V SerIes System 8'N
Sales Tax FInanCed 7.00%
Total Financed
- Eii2!
70,080
4,804
$74,884
Lease
Iml
S Years
PaYment fA!lll!I: 81m
$27,052 0.38087 8.50%
Genaral CondlUons:
payments are due at the beginnIng of Bach pellocl.
This quotation expires after 30 days.
Subjeot to crecfrt approval.
The equipment/softWare uee must be for an _ntlal governmental purpose.
Maintenance, transportation and Insuran08 are excluded.
The factor and payment floelS with the ftnanclal markll\s until Installation.
"g'OO._"
~~
Oon Phillips .
RegIonal leasing Manager
1000 Marina Blvd., Brisbane, CA ll4OO5
(415) 875-4544 Fax: (415) 875-4545
Proposal accepted. Ploase proceed wtth approvels and dooumentation:
X
City of Chula Vista
Date:
;
7~..2f
UNISYS LEASING CORPORATION
NOTICE AND ACKNOWLEDGMENT OF SALE OF RENTAL PAYMENTS
AND
ASSIGNMENT OF LEASE
Unisys leIsing Corporation ("ULC") and City of Chula Vista
"Lessee" have entered into a Master Equipment Lease Agreement or Conditional Sales Contract Number
8680 dated Jun.. 7 , 19~ under which Lessee has, or will have prior to its
execution hereof, leased Equipment (the "Equipment") described in the Lease or Contract Schedule Number
01 dated June 7 , 19..25.- (such Agreement or Contract and Schedules are
hereinafter collectively called the "Agreements").
Lessee is hereby notified that ULC has assigned its interest in the Agreement, in the leased Equipment, and
in the rental payments and ail other amounts provided for under the Agreement.
Lessee is hereby directed to pay any and ail rental payments and other amounts due with respect to which
ULC's assignee ("Assignee") renders an invoice. at the address set out immediately below or as otherwise
directed in said invoice:
Ko~h FinMnr.ia] Corpcr~ticn
"ASSIGNEE"
~O Rox ?6~, Dept. 268
K~n~~~ rity, MO 641g~-O?6R
By signing this Notice and Acknowledgment. Lessee agrees that it will pay all amounts due under the Agreement
as directed in the invoice without any set.off or deduction whatsoever notwithstanding any defect in, damage
to. or requisition of any of the property leased under the Agreement. any other similar or dissimilar event,
any defense. set.off. counterclaim or recoupment arising out of any claim against ULC or Assignee,
Lessee further agrees that Assignee has not assumed any duties under the Agreement or made any warranties
whatsoever as to the Agreement or the Equipment. Lessee agrees that no change may be made to the Lease
without the prior written consent of Assignee.
In signing this, Lessee warrants that its representations and warranties under the Lease are true and correct
on the date hereof.
DATE:
LESSEE: !"i ~y ,..,f !"h"',, vi ..~"
BY:.
NAME PRINTED:
TITLE:
Unisys Leasing Corporation
../
7 - ..2.:::>
Fonn .~. ~2
Information Return for Small Tax-Exempt
Governmental Bond Issues, Leases, and Installment Sales
.... Under Intemll Revenue Code ..c:tlon '4Sl(8) .. For calendar ye.r ending 19 .....
Fo'"' 8038-GC
(Rev. May 1993)
0.0.""'."'1 0111'\. 1"uII"'"
11'11''''1' R.....I'IU4 s.,....c.
OMS No 1545.0120
Reportin
issuer'S name
fUse Form 8038.G If the issue once of the issue is S100,OOO or more.)
Authority Check box 11 Amended Return.. ~
2 luwer'. .":,~loyer lCenUftClltlon ~b.r
Cit of Chu1a Vista
3 NumDer ana Slreellor P.O. box rf ~IIIS nOI O.ll....reo to StrMt .aaress}
276 Fourth Avenue
.
Clly. lown, stili. .na ZIP coal
I Roo"".u".
Chu1a Vista, CA 91910
Description of Obli ations
5 Issue pnce 01 small tax.exempt governmental obligations reported on this form.
6 ChecK the box that most nearly apprOXImates the weighted average matunty 01 the obligation(s):
a 5a Less than 5 years
b 0 From 5 to 10 years
C 0 More thah 10 years
7 Check tne box that most neany approximates the weighted average interest rate on tne
OblioaliOnls):
a 0 Less tnan 5%
b IZ] F,om 5% to 10%
c C More lr'ian i 0%
a Total Issue once 01 tMe ooligatlonlS) reooned on line 5 that is/are:
74,964.20
a ObJigstlon{s) IssueCl In the form of a tease or Installment sale .
b Obllgatlon!s) deSignated by the issuer uhder SectlOh 265(b)(3)(B)(i)(III)
c ObllgatlonlS) Issued to refuno onor Issues
d Loans r:-:aoe from the proceeos 01 another tax.exempt Obligation
9 CheCK cox It issuer has elected to oav a oenaltv in heu of rebate
Sa
8b
N/A
8c
N/A
8d
N A
Uncer penallles 01 Dequry. J Cle<:llre tnal I".",. ...amll'leCllnl$ r.tum.no .ccolTloanvll'9 scneaules anCl Statements. ana 10 In. DeS! 01 my II:now1eclge
ano oellef, lr"ley are true. correct. ano COITIClllt.
o
Please
Sign
Here
~ !..u.. O' oH".,
General Instructions
(Sect/on references are to tl'le Imemal
Revenue COCle unleSS oth,f1Nlse nored.)
Paperwork Reduction Act Notice
We ask tor tne InformatIon on this form to
carry out the Internal Revenue laws of tne
United States. You are reQuired to give us t".
Information. We nHO it to ensure tnat you Ire
complYing with tnese laws.
The tIme neeaed to compl.te and file this
form vanes oeeendlng on IndiVIdual
CIrcumstances. Tn. estimated average lIme
IS:
Leeming about the
llw or the form
Preparing the form
Copying, assembling. and
sending the form to tne IRS 16 min.
If you nave comments concerning tne
accuracv of these tIme estimates or
sU9gestlons for mal<lng thiS form more
Simple. we woulCl be nacey to "e.r from you.
1 hr.. 40 mIn.
2 hr.. 44 min.
Olte
You can wnte to bOth the Intimal Revenue
Service, Anentlon; Reports Clearance CHlcer.
T:FP. Wasr..hglOh. DC 20224: and tho Ollieo
et Management and Budget, PaDlI'WOt'K
ReductIon Project (154)0720), WaShington.
DC 20503. CO NOT seno lho form to orthor
of these efflces. Inst.ad, see Where To File
on page 2.
Purpose of Form
Form B038-GC is used by issuers of
tax..xempt govemmental obligations to
I)rovide the IRS with tne infonnatlon reaulred
by leC1.ion '49(.) and to monttor the
reQuirements of sections '4' through 150.
Who Must File
Issuers of tax-exemot governmental
ObligatIons wltn ISSue pnces 01 less tnan
S100.000 mus. filo Form S03S-GC.
Issue~ of I tax-.xemct govemmental
cbhgauon Wlt/"l an ISSue once 01 5100.000 or
more muSt fill Form 8038-G. InformatIOn
Retum tor Tax-bemet Govemmental
Obligations.
~ Type or Dnnl name IT'lCI tllle
Filing a -"parat. retum.-issuers have tne
OPtion to file. Ilcarate Form S03S.GC tor
any tax-Ixempt governmental ObligatIon WIt!'
an Issue pne. of IIss than S100.000.
However, an issuer of . l&X1xemCIt Oond
UIIC to finlnel conltl\JctJon eXDendrtures
must file a IIParato Form S038-GC for .aen
IsaUl to gIve notcl to the IRS Il'\&t an
'~ion was maa. to pay . oenatty in lieu of
~rtra;. rebate t... Itne Ii instruC1.lonsl.
Filing a conaoUdlted retum.-For all
tax-exemPt gov.mmental Obligations WIth
issue praces of less than $100,000 that .re
not reportee on I s.oarate Form 8038.GC.
an iouer mUlt fill a conaOlidated InformatIon
retum indUCing all sue" lSSues lSSuea Wln\ln
tM calenear year.
Thus. an Issuer may tile I HDarate Form
B03B-GC tor ..Ch 01 . numper cf small
issues and repen the ,emarnoer of small
ISSueS Issula C1unng the Cal.naar year on
one. cons~lO.t.Cl Form B03a-GC; but I
I,parate Form B03a-GC mUSt be Mea to 91ve
,,,. IAS notlcl of th. Ilectlon to pay a 08Malty
in lieu of at1)ltrl;e flDlt..
Cat. No. 641 DeB
7-.2-(,
F""" 8038-G C fAev B3J
!.
ESSENTIAL USE/SOURCE OF FUNDS LETTER
Unisys Leasing Corporation
1401 Pearl Street
Suite 200
Boulder, Colorado 80302
Re: Equipment Lease Agreement No. 8680
Gentlemen:
This confirms and affirms that the Equipment described in the Equipment Lease Agreement referred
to above (the "Agreement") is essential to the function of the undersigned or to the service we provide
to our citizens.
Further, we have an immediate need for, and expect to make immediate use of, substantially all
such Equipment, which need is not temporary or expected to diminish in the foreseeable future. Such
Equipment will be used by us only for the purpose of performing one or more of our governmental or
proprietary functions consistent with the permissible scope of our authority. Specifically, such Equip-
ment was selected by us to be used as follows:
The estimated useful life of such Equipment based upon manufacturer's representations and our
projected needs is
Our source of funds for payments of the rent due under the Agreement for the current fiscal
year is
We expect and anticipate adequate funds to be available for all future payments of rent due after
the current fiscal year for the follOWing reasons:
Very truly yours.
r; toy nf ("h"l::l vi ~r.=l
Lessee
By.
(Signature and Title)
Form.3C 1192
7~ .2 7
OPINION OF LESSEE'S COUNSEL
(Please furnish this text on Attorney's letterhead)
Unisys Leasing Corporation
1401 Pearl Street
Suite 200
Boulder. Colorado 80302
Re: Unisys Leasing Corporation ("ULC") Agreement dated June 7, 1995
Gentlemen:
As counsel for Ci tv of Chu1a Vista ("Lessee") I have examined the duly executed
original Agreement between Lessee and ULC. and the proceedings taken by Lessee to authorize and execute
the Agreement. Based upon examination of law and fact as I have deemed necessary or appropriate. I am
of the opinion that:
1. (If applicable) Lessee IS a public bodv corporate and politic. duly organized and legally eXisting under the
laws of the State of California
2. The Agreement has been duly authorized. executed and delivered by Lessee pursuant to Constitutional,
statutory and/or home rule proviSion which authorizes the transaction contemplated by the Agreement
in accordance with the terms and conditions of the Agreement.
3. The Agreement is a legal. valid and binding obligation of Lessee, enforceable in accordance with its terms.
In the event that ULC obtains Judgment against Lessee in money damages. as a result of default under
the Agreement. Lessee will be obligated to pay such Judgment.
4. No litigatiOn IS pending or. to the best of my knowledge, threatened In any court or other tribunal. state
or Federal. in any way questioning or affecting the validity of the Agreement or the transaction contem-
plated thereoy.
5. The signature of the official of Lessee which appears on the Agreement is true and geniune. I know said
official and know said official to hold the office set forth below his or her name. Said official is duly authOrized
to execute the Agreement on behalf of the Lessee.
6. The Equipment leased pursuant to the Agreement constitutes personal property and when sublected to
use by Lessee will not be or become a fixture under applicable law.
7. The Lessee is a State, a possession of the United States, the District of Columbia, or a political subdivi.
sion of any of the foregoing within the me.aning of Section 103 of the Internal Revenue Code of 1986. as
amended, and Treasury Regulations and Rulings related thereto. That portion of rental payments made
by Lessee during the Lease term identified in the Agreement as interest, upon receipt. will not be includable
as Federal gross income under applicable statutes, regulations, court decisions and rulings existing on
the date of this opinion and consequently will be exempt from present Federal income taxes.
? /.),.f/
Form .sc .
----l'L'E.JIS'E :1f~7('E CJ{)1.'}.rj'LS FF I'}.rIJ0~rw.;1710:N IS 1.1,'CO!J(!J('EC7' 01}( ~ISSI'}.rq----
LESSEE INVOICE INSTRUCTIONS
City of Chu1a vista
L:SS(~ :\am.:
Dcpl\nm.:nl
276 4th Ave, Chula Vista, CA 91910
Str~.:l .-\.ddr..'S.~ and or P.D. B.,:'\
City
Slalt
lip Cod.:
Louie Vignapiano
Billing C.mta..1IDr.. ~Ir.. ~ln... \h.)
fim
\liddle llUtial
Last
Director of Management and Information Services
,1,\bTlIk
619-476-5319
Phon" ;;
Fax ;;
PlJr..:ha~~Ol'd.:r ~-;ll-\d'~l R"I~T':~---
T.I' ID;;
E'luipm':ll1 l,)~'atl\\nlll d1l'1'o:r.:nl1h:tll hllll11~ Jddr<."~l)
276 Fourth Avenue
Chula Vista, CA 91910
. \ddllll)llal ml,'nll;lIHlIl lko...d..:d IlJl 111\ IH,,''''l
7-- ;2;
UNISYS LEASING CORPORATION
1401 Pearl Street. Suite 200
Boulder. Colorado 80302
CERTIFICATE OF ACCEPTANCE
LESSEE OR BUYER City of Chula Vista
MASTER EaUIPMENT LEASE OR CONDITIONAL SALES CONTRACT
("AGREEMENT") NUMBER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rf;RO
SCHEDULE NUMBER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 01
THE UNDERSIGNED ACKNOWLEDGES THAT:
1. The Equipment and products described in the above-referenced Schedule are delivered, installed.
available for use and are placed in service as of the Acceptance Date indicated below.
2. Such Equipment and products are in good operating condition and repair and are accepted as
satisfactory in all respects for the purpose of the Agreement.
3. The undersigned will commence payment In accordance with the provisions of the Agreement.
beginning on the Acceptance Date noted below.
Acceptance Date: x .
Authorized Signature: x .
Name Typed or Printed: x
Title: x
Fo"" .7.. ''92
7~Jo
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 08/15/95
ITEM TITLE:
Resolution / 7'11 ~propriating $8,362.30 from the sewer fund for
purchase of one new backhoe and authorizing the purchase of two Case 590
Super L Loader Backhoes.
SUBMITTED BY: Director of Public worSf ~
REVIEWED BY: City Manager,-l; ~J'}~(4/5THS vote: YesXNo~
The FY95-96 equipment replacement budget provides for the purchase of one replacement backhoe
and the FY95-96 sewer budget provides for the purchase of one new backhoe. Council Resolution
No. 6132 authorizes the City to participate in a cooperative bid with other governmental agencies.
The City is able to obtain the backhoes from the County of San Diego Bid No. 40263.
The total number. of backhoes to be purchased from the County of San Diego cooperative bid is two.
RECOMMENDATION: 1) That Council appropriate an additional $8,362.30 from the
sewer fund (225) and authorize the purchase of 2 Case 590 Super L Loader Backhoes from
Contractors Equipment Company via the County of San Diego Bid No. 40263.
BOARDS & COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
On July 7, 1995, the Purchasing Agent contacted local agencies to ascertain if joining a cooperative
bid for purchase of the backhoes would be cost effective and found that the City is able to obtain the
backhoes from the County of San Diego Bid No. 40263 at the prices listed in the table below.
Co-Bid Unit Price 7 % Sales Tax Trade-In Net
Contractors Equipment Company Allowance Amount
San Marcos
Replacement Backhoe $63,890 $4,472. 30 $14,600 $53,762.30
New Backhoe $63,890 $4,472.30 $ 0 $68,362.30
Total Bid Award $122,124.60
zr-i
Page 2, Item 't
Meeting Date 08/15/95
The County of San Diego bid meets all specifications, therefore, Public Works Operations Staff
recommend the purchase from Contractors Equipment Company from the cooperative bid. The
purchase cost per vehicle is $68,362.30 including sales tax. The following will be traded in for the
replacement backhoe upon purchase: 1986 Case 680K Extended Loader Backhoe, Serial Number
9160796.
FISCAL IMPACT:
Sufficient funds ($73,370) are provided in the Equipment Replacement Fund for the replacement of
one backhoe. The net cost of the replacement backhoe after trade-in of the old backhoe is
$53,762.30. As equipment is purchased during the fiscal year, bids will come in both higher and
lower than was budgeted. Staff will obtain Council's approval to spend more than was budgeted
from the savings. At the end of the fiscal year any unexpended monies will revert to fund balance
for reappropriation. The existing backhoe has annual maintenance of $7,765 and an operating cost
of $1,099. We estimate the on-going maintenance cost will drop significantly while the operating
cost will remain the same. The savings will be reflected in equipment charges, account 100-1460-
5269.
Only $60,000 is budgeted in the sewer fund Account 225-2250-5568 for the purchase of the new
backhoe. The cost for a new backhoe is $68,362.30 therefore additional funds ($8,362.30) need to
be appropriated from the sewer fund (225).
IQ:mp
(2CSE590.CAG)
Attachments:
Council Resolution No. 6132
([/,2
L))
RESOLUTION NO. /799r
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE PURCHASE OF TWO
CASE 590 SUPER L LOAD BACKHOES AND
APPROPRIATING FUNDS FOR THE PURCHASE OF ONE
NEW.BACKHOE
WHEREAS, the FY95-96 equipment replacement budget
provides for the purchase of one replacement backhoe and the sewer
FY 95-96 budget provides for the purchase of one new backhoe for
sewers; and
WHEREAS, Resolution No. 6132 authorizes the City to par-
ticipate in a cooperative bid with other governmental agencies;
and
WHEREAS, the City is able to obtain the backhoes from the
County of San Diego Bid No. 40263 at the following prices:
Co-Bid
Unit Price 7% Sales Tax
Trade-In
Net Amount
Contractors Equipment
Company-San Marcos
Replacement Backhoe
New Backhoe
$63,890
$63,890
$4,472.30
$4,472.30
$14,600
$ 0
$53,762.30
568.362.30
$122,124.60
WHEREAS, the County of San Diego bid meets all speci-
fications, therefore, Public Operations staff recommends the
purchase from Contractors Equipment Company from the cooperative
bid and trading in a 1986 Case 680K Extended Loader Backhoe, Serial
Number 9160796; and
WHEREAS, sufficient funds ($73,370) are provided in the
Equipment Replacement Fund for the replacement of one backhoe; and
WHEREAS, only $60,000 is budgeted in the sewer fund for
the purchase of the new backhoe and with the cost for a new backhoe
being $68,362.30, $8,362.30 needs to be appropriated.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby authorize the purchase of two Case
590 Super L Loader Backhoes via the County of San Diego Bid No.
40263.
BE IT FURTHER RESOLVED that $8,362.30 is hereby
appropriated from Sewer Fund 225 into Account 225-2250-5568 for the
purchase of one new backhoe for the sewer section 0 PUblic Works
operations.
John P. Lippitt,
Public Works
c: \rs\backhoe
Director
P9 ove~a
of Bruce M.
g- '3/ ~ ~ ;ttorney
Presented by
to fo
by
RESOLUTION NO. 6132
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING RESOLUTION NO. 2018 TO AUTHORIZE'THE PURCHASING
AGENT TO JOIN WITH THE STATE OF CALIFORNIA, THE CITY OR
qOUNTY OF SAN DIEGO, THE CHUI.A VISTA ELEMENTARY SCHOOL
'DISTRICT, THE SWEETWATER UNION HIGH SCHOOL DISTRICT, THE
SAN DIEGO UNIFIED PORT DISTRICT OR ANY OTHER PUBLIC OR
MUNICIPAL AGENCY OF THE STATE OF CALIFORNIA IN OBTAINING
BIDS FOR CERTAIN MATERIALS AND SUPPLIES OF COMMON USAGE
OR ENTERING INTO CONTRACTS, ARRANGEMENTS AND AGREEMENTS
FOR COOPERATIVE PURCHASING PROGRAMS
The City Council of the City of Chula Vista does hereby resolve
as follows:
WHEREAS, the City Council has heretofore by Resolution No. 2018,
,;ursuant to Article 1 of Chapter 5 of Division 7 of Title 1 of the Govern-
:ent Coc.e of the State of California, which authorizes public agencies
:0 contract with each other to jointly exercise a power common to said
:ontracting parties, authorized the Purchasing Agent of the City of Chula
Vista to from time to time enter into agreements with the City of San
'iego, the County of San Diego and the San Diego Unified School District
:0 obtain corr~ined bids fOr the purchase of the annual or special require-
~ents of said governmental bodies for various and sundry materials,
supplies and equipment of common usage, and
~~EREAS, said purchasing programs as authorized by the joint
axercise of power legislation has further been approved by the City
:o~cil of the City of Chula Vista pursuant to Section 2.515 of the
:nda Vista City Code, and
WHEREAS, it is now desired to extend the authority of the
?~chasing Agent to governmental agencies other than those mentioned
:r. said Resolution No. 2018.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
::Chula Vista that the Purchasing Agent of the City of.Chula Vista be,
and he is hereby authori zed to advertise when it is feasible and desirable
:or common bids covering the .reSluirements of the State of California, the
:ity or County of San Diego, .:the Chula Vista Elementary School District,
one Sweetwater Union High School District, the San Diego Unified Port
:istrict or any other public or mlinicipal agency, for periods of tiIne
:otto exceed one (1) year in duration or to join with said agencies in
:!leu advertising for bids for certain materials and supplies or to
:ecommend the award of contracts by the City Council to those .persons or
:o~rations whose bids have been accepted by said agencies, or to enter
:nto other feasible or desirable purchasing programs with said agencies.
BE IT FURTHER RESOLVED that the joint exercise of powers as
:uthorized by this resolution shall become effective when and if the
:tate of California, the City or County of San Diego, the Chub Vista
~l~ntary School District, the Sweetwater Union High School District,
~e San Diego Unified Port District or any other public or municipal
'\lency of the State of California shall file with the Clerk of the Board f?/;:-
::Supervisors of the County of San Diego and the City Clerk of the City
:fCbula Vista certified copies of resolution of their respective legisla-
:lVe bodies authorizing the advertising for and receipt of combined bids
is above indicated.
BE
.e effective
:resented by
IT FURTHER RESOLVED that the authority herein contained shall
until rescinded by this City Council.
Approved as to form by
~~~~~
George~. Lindberg, City Atto~y
City Manager
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
, 19 71 , by the
-
=ESTl~ ~;, ')?;, '- -;( /" ~C
V City C.l.erk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHOLA VISTA )
I, JENNIE M. FULASZ, City Clerk of the City of Chula Vista,
California, DO HEREBY CERTIFY that the above and foregoing is a full,
true and correct copy of
, and that t.he
same has not been amended or repealed,
DATED,
.'
CJ.ty Clerk
~--~
"'-..,
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 8/15/95
ITEM TITLE: Resolution / 7 tJ 9 '} Approving Final Map for Chula Vista Tract
95-03, Eastlake South Greens, ~:n/a Unit 20 Phase 2
SUBMITTED BY: Director of Public wO~(l} rrrv
REVIEWED BY: City Manage\ \~\1tX?}~ (4/5ths Vote: Yes_NoX)
On December 20, 1994, by Resolution' h774 (Exhibit A) the City Council approved the
Tentative Subdivision Map for Chula Vista Tract 95-03, Parcel R-20 of Eastlake South Greens,
known as Ventana. On March 21, 1995, Council approved the first development phase of
EastLake South Greens Ventana Unit 20 (Resolution No. 17814). The final map for EastLake
South Greens Ventana Unit 20 Phase 2, the second and final development stage, is now before
Council for approval.
RECOMMENDATION: That Council adopt the resolution approving the final map.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The project is generally located on the west side of South Greensview Drive south of
Clubhouse Drive and consists of 16 lots for single family residential units and one lettered lot
for open space.
Originally, this site, Lot R-20, was to have been subdivided under one map. However, the
southwesterly portion of the Lot was located outside City limits. Consequently, rather than
wait until annexation of the unincorporated area, development of the site was divided into two
phases. The first phase was approved by Council on March 21, 1995 (Resolution No. 17814).
The map now before Council for approval represents the remainder of this site, which has
recently been annexed to the City.
The final map for Ventana Unit 20 Phase 2 of Chula Vista Tract 95-03, has been reviewed by
the Public Works Department and found to be in substantial conformance with the approved
tentative map. Approval of the final map constitutes acceptance by the City, on behalf of the
public, a portion of Boca Raton Drive and a portion of Turtle Cay Way; acceptance of tree
planting and maintenance easements and rejection of open space Lot D, all as shown on the
final map. Lot D is rejected because the open space is to be maintained by the Eastlake Master
Homeowner's Association, instead of the City. However, the City reserves the right to accept
the rejected open space lot in the future per Section 66477.2 of the Subdivision Map Act.
9~/
Page 2, Item
Meeting Date 8/15/95
9
The developer entered into a Subdivision Improvement Agreement and a Supplemental
Subdivision Improvement agreement with the City at the time the final map for Phase I was
approved, on March 21, 1995 (Resolution Nos. 17815 & 17814) and provided bonds to
guarantee construction of the required public improvements (CV drawings 94-470 through 94-
476) for the first development phase). These previously approved agreements and
improvement bonds for Ventana, Unit 20, covered conditions and improvements for both Phase
I and Phase 2. The developer has paid all applicable fees and has provided a bond to
guarantee the monumentation for the Phase 2 subdivision.
At its meeting of July 25, 1995, by Resolution No. 17982, Council approved an Affordable
Housing Agreement for the Eastlake development which included certain milestones to
implement the Affordable Housing Program. The agreement requires the developer to have 112
low income housing units under significant construction by June I, 1998. However, prior to
issuance of a building permit for the 2,550th unit of the Greens, the developer is required to
commence construction on 160 low income housing units (the total affordable housing
obligation for the Greens). After issuance of the 2,550th unit, the City will have the right to
withhold issuance of additional building permits until significant construction has been
completed on the 160 affordable housing units. With the approval of the 16 units for Phase
2 of Unit 20, the current cumulative total of approved units within the Greens is 1,272. All
other conditions of approval of the tentative map for Chula Vista Tract 95-03, Eastlake South
Greens Unit 20 (Ventana), have been satisfied. Staff recommends approval of the map for
Ventana Unit 20 Phase 2.
A plat is available for Council viewing.
FISCAL IMPACT: None. All Staff costs associated with processing of improvement plans
and final map will be reimbursed from developer deposits.
Attachments:
Exhibit A - Resolution 17774 & Minutes of 12/20/94 (excerpt)
Exhibit B - Resolution 17814 & Minutes of 3/21/95 (excerpt) _
Exhibit C - Resolution 17892 & Minutes of 7/25/95 (excerpt)- coW ~ AlA~'
Exhibit D - Resolution 17815 ipc~ 64
Exhibit E - Plat - Eastlake South Greens Ventana Unit 20 Phase 2
Exhibit F - Disclosure Statement
Exhibit G - Approved Supplemental Subdivision Improvement Agreement
Exhibit H - Approved Subdivision Improvement Agreement
EY-413JELG20A
LMe
m:\home\engineer\agenda\unit20p2.bnc
081595
9-,2
RESOLUTION NO.
/7977
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT 95-03, EASTLAKE SOUTH GREENS UNIT 20
PHASE 2 (VENTANA), ACCEPTING ON BEHALF OF THE
PUBLIC THE PUBLIC STREETS DEDICATED ON SAID
MAP, REJECTING ON BEHALF OF THE CITY OF CHULA
VISTA THE OPEN SPACE LOTS GRANTED ON SAID MAP,
ACCEPTING THE EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION
The City Council of the city of Chula vista does hereby
resolve as follows:
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 95-03, EASTLAKE SOUTH GREENS UNIT 20
PHASE 2 (VENTANA), and more particularly described as follows:
Being a subdivision of Remainder Lots 1, 2 and 3 of Chula
vista Tract No. 95-03, Ventana at Eastlake South Greens
unit 20 in the city of Chula Vista, County of San Diego,
State of California, according to the Map thereof No.
13198 filed in the Office of the County Recorder of said
San Diego County March 30, 1995 and a portion of the
fractional southeast quarter of section 3, Township 18
South, Range 1 West, San Bernardino Meridian according to
official plat thereof.
Area: 2.234 acres
Numbered Lots: 16
No. of Lots: 17
Lettered Lots: 1
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public streets, to-wit: Boca Raton
Drive and Turtle Cay Way, and said streets are hereby declared to
be public streets and dedicated to the public use.
BE IT FURTHER RESOLVED that Lot D is hereby rejected for
Open space.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula vista the easement with the right of
ingress and egress for street tree planting and maintenance as
granted and shown on said map within said subdivision, subject to
the conditions set forth thereon.
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BE IT FURTHER RESOLVED that the city Clerk of the City of
Chula vista be, and 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 heretofore stated and that said
lot is dedicated for Open Space and other public uses and are
rejected on behalf of the City of Chula vista and that that certain
easement with the right of ingress and egress for the construction
and maintenance of street tree planting, as granted thereon and
shown on said map within said subdivision is accepted on behalf of
the City of Chula vista as hereinabove stated.
BE IT FURTHER RESOLVED that the City Clerk be, and is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
John P. Lippitt, Director of
Public Works
~
ity
Presented by
Boogaa
C:\rs\ventana.ph2
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RESOLUTION NO. 17774
E ""/-4"06
CXH/EJlr A
~TEJ}1 .;=fq
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING ANO IMPOSING CONDITIONS ON THE
TENT A TIVE SUBDIVISION MAP FOR PARCEL R.20, KNOWN AS
VENTANA, CHULA VISTA TRAC'I 95.03, MAKING THE
NECESSARY FINDINGS AND READOPTING THE MITIGATED
NEGATIVE DECLARATION AND THE MITIGATION MONITORING
AND REPORTING PROGRAM FOR IS.94.19
I. RECITALS
A. Project Site
WHEREAS. the area of land which is the subject matter of this resolution Is
diagrammatically represented in Exhibit A attached hereto and Incorporated
herein by this reference, and commonly known IS Unit 20 of EastLak. Greens
Tentative Subdivision Map, Chula Vista Tract 88.3; and for the Purpose of
genera' description herein consists of 13.7 acres located on the west aide of
South Greensview Drive. south of Clubhouse Drive within the Eastllke Greens
Sectional Planning Area of the EastLake Planned Community (wProjact SiteW);
and,
B. Project; Application for Discretionary Approval
WHEREAS. on August 25, 1994, Brehm Communities (wDeveloperw. and
EestLeke Development Company (WOwner") filed a tentative subclivision map
application with the Planning Department of the City of Chula Vista and
requested approval of the Tentative Subdivision Map for Ventane, Chula Vista
Tract 95.03 in order to subdivide the Project Site into 109 reaidentiallots and
three open space lots ("Project"); and,
C. Prior Discretionary Approvals
WHEREAS. the development of the Project Site hes been the subject matter of
11 e General Development Plan, EastLake II (Eastllke I Expansion) General
Development Plan previously approvad by City Council Rasolutlon No. 1&188
CWGDP"); 21 the Eastllke Greens Sectional Plennlng Area Plen, previously
adopted by City Council Resolution No. 15189 CWSPAW): end 3) a Tentative
Subdivision Map, previously approved by City Council Resolution No. 1&200
CWTSM"), Chula Vista Tract 88.3, all approved on July 18, 1188; 41 en Air
Quality Improvement Plan, EastLake Greens Air Quality Improvemant Plen
CAOIPI; end 51a Water Conservation Plan, EastLeke Greens Weter Conservetion
Plan CWCPI; both previously Ipproved tiy City Council Resolution No.1 6898 on
November 24, 1992; and 61 I GDP, SPA, TSM, AOIP end WCP emandment
previously approved by City Council Resolution No. 17618 on ~.ugult 16,
1994; and,
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Resolution No. 17774.
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D.
PI.nning Commission Record on Applic.tion
.
WHEREAS. the Planning Commission held en edvertised public hearing on .aid
project on December 7. 1994. end voted 6-0 to recommend that the City
Council epprove the Project based upon the findings end .ubject to the
conditions listed below; end.
E. City Council Record of Applic.tions
WHEREAS. e duly c.lIed end noticed public he.ring w.s held before the City
Council of the City of Chul. Vist. on December 20. 1994. on the Project end
to receive the recommend.tions of the P1.nning Commission. end to heer public
testimony with regerd to seme; .nd.
NOW. THEREFORE. BE IT RESOLVED thatthe City Council does hereby find. determine
end resolve .s follows:
II. PLANNING COMMISSION RECORD
The proceedings .nd .11 evidence Introduced before the Planning Commission et their
public hearing on this project held on December 7. 1994. end the minutes end
resolutions resulting therefrom. ere hereby Incorporeted Into the record of this
proceeding.
UI. MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED; MITIGATION
MONITORING AND REPORTING PROGRAM; FINDINGS; A.PPROVALS
A. Mitigeted Negative Declar.tion
The City Council of the City of Chula Vllta hes ,eviewed. enalyzed end
considered the previously epproved Mitigated Negative Declaration on IS-84- 19
(known es Document No. C094- 180 on file In the office of the City Clerk) end
comments thereon. the environmentellmpacts therein Identified for this project
end the Mitigation Monitoring .nd R.porting Progr.m (-Progr.m-) (kilown es
Document No. C094-181 on file In the office of the City Clerk) ther.on prior
to .pproving the Project. Based on the Initl.1 Study end comments thereon. the
Council finds thlt there Is no subst.ntlel evidence thet the Project will haVe a
aignlfic.nt affect on the environm.nt end ther.by re.doptl the Mitlg.ted
Negetive Dlcler.tion.
B. Mitlg.tion Monitoring end "eportlng Progrem
The CIty Council of the City of Chule Viste flndl thet the .Ignlfic.nt
environment.1 effecUI) Identified In the Mitlg.ted Negative D.claratlon will be
reduced to below e level of eignific.nce If the mitigation measures In the
Mitigation Monitoring end Reporting Program .re Implemented. The Mitigation
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Resolution No. 17774
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Monitoring and Reporting Program is hereby reedopted to ensure that its
provisions are complied with.
IV. CERTIFICATION OF COMPLIANCE WITH CEOA
The City Council does hereby find that tha Mitigated Negative Declaration on IS-94. 19
end Mitigation Monitoring and Reporting Program have been prepared in accordance
with requirements of the Celifornia Environmental Ouality Act, the State EIR
Guidelines, and the Environmental Review Procedures of the City of Chule Vista.
V. INDEPENDENT JUDGMENT OF CITY COUNCil
The City Council finds that Mitigated Negative Decleration IS.94-19 reflects the
independent judgment of the City of Chula Vista City Council.
VI. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act,
the City Council finds that the Tentative Subdivision Map for the Project is in
conformance with the elements of the City's General Plan, based on the
following:
1 . Land Use
The proposed density of 7.95 du/ac is in compliance with the approved
Eestlake Greens SPA density range of 5.15 du/ac for the Project aite.
2. Circulation
All of the on.site and off.site public Itreets required to aerve thl Project
will be constructed or DIF fees paid by the developer In accordance with
the Eastlake Greens Public Finencing Plan Ind Development Agreement.
The public Itreets within the Project will be dlllgned In Iccordance with
the City dllign atandards Indlor requirements. The adjoining Itreet
Iystem was designed to handle the Inticiplted flow of \rlffic from this
and other Irla projects.
3. Housing
The EastLlke Greens SPA Plan aree has bien concIitioned to provide I
minimum of 10% affordable housing including a mix of housing types
and lot aizes for aingle.family, townhouses, condominium Ind,
Iventually, Ipartment densities that will provide I wide lpectrum of
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Resolution No. 17774
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housing prices for persons of various Incomes. The alngle-femily
detached residential housing type proposed within the Project I.
consistent with the Eastlake Greens SPA Plan.
4. Conservation
The Mitigated Negative Declaration .nd Mitigation Monitoring .nd
Reporting Program for 15.94-19 .ddressed the goals and policies of the
Conservation Element of the Gel\eral Plan .nd found the development
of the Project Site to be consistent with these goals .nd policies.
&. Parks .nd Recreation, Open Space
The Project Site Is located within the Eestlake Greens SPA Plen .r...
The Eestlake Greens SPA Plan provides publiC parks. trails .nd open
apace consistent with City policies.
6. Seismic Safety
The Project is in conformance with the goals .nd policies of the Seismic
Element of the General Plan for this aite.
7. Safety
The Fire Department .nd other emergency IIrvice .gencies heve
reviewed the Project for conformance with City safety policies and heve
determined thatit meets the City Threshold Standards for .mergency
IIrvices.
8. Noise
Noise mitigation measures included in the Envlronmentellmpact Report
SEIR-86-04 .nd Mitigated Negative Declaration IS.94-19 adequately
.ddress the noise policy of the General Plan. All dwelling unit. within
the project will be required to be designed ao .s to not exceed the
Interior noise level of 45 dBA. Additionally, a" exterior private open
apace will be .hielded by a combinetion of ..rth, berm, w.II, Ind/or
buildings to .chl.ve . 65 dBA noI.e level for outside prlv.t. .r....
.. Sc.nlc Highw.y
The Project Sitela not locat.d Ilong . deslgnet.d Ie.nlc h1ghw,y, but
will provide. 10 ft. wide I.ndlc.pe buff.r .nd d.cor.tlve w.1I .Iong
Gr.ensvl.w Drive In ord.r to .nhenc. the appe.r.nee of the Project
from the .treet.
,
The proJ.ct, a. conditioned, will be fI!fulr.d to provide . "ndlc,pe
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Resolution No. 17774
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buffer in conformance with landform grading and acenic highway
principles of the General Plan.
10. Bicycle Routes
Bicycle lanes have been incorporated within the EastLlke Greens
Planned Community erea design end er. presently In use. The public
Itreets within the project are of adequate width to accommodate bicycle
travel within the interior of the lubdivision.
11. Public Buildings
No public buildings are proposed on the project site. The project Is
subject to RCT fees prior to issuance of building permits.
B. Pursuant to Section 66412.3 of the Subdivision Map Act. the Council certifies
that it has considered the effect of this epprovel on the housing needs of the
region end has balanced those needs egainst the public service needs of the
residents of the City and the available fiscal and environmental resources.
C. The configuration. orientation and topography of the site partially ellows for the
optimum siting of lots for passive or natural haating and cooling opportunities
IS required by Government Code Section 66473.1.
D. The site is physically luitable for residential developmant and the proposal
conforms to all standards established by the City for such projecu.
E. The conditions herein imposed on tha grant of permit or other entitlement
herein contained is approximately proportional both In nature end extent to the
Impact created by the Project.
BE IT FURTHER RESOLVED that the City Council does heraby epprove the Project
subject to the general and special conditions set forth below.
VIII. VALIDITY OF EXACTIONS.
The City hereby finds that the exactions herein required of the Developer ere rerated
to the proposed development and are In en amount or dagrea that II proportional to the
Impact of the davelopment.
IX. GENERAL CONDITIONS OF APPROVAL
The approval of the Project which Is Itated to be conditioned on -General Conditions-
ls hereby conditioned IS follows:
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Resolution No. 17774 l'
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A. Project Site is Improved with Project
Developer, or their isuccessors in interest. shall improve the Project Site with
the Project es described in Tentative Subdivision Map Chula Vista Tract 95-03
Ind the Mitigated Negative Declaration IS-94-19 Ixcept IS modified by this
Resolution.
8. Implement Mitigetion Meesures
Developer shell diligently implement, or ceuse the Implementetion of, III
mitigation measures pertaining to the Project Identified In the Final
Supplemental Impact Report for Eastlake Greens FEIR-86-04 Ind Mitigated
Negative Declaration IS-94-19.
C. Implement the Mitigation Monitoring and Reporting Program
I
Developer shall implement, or cause the implementation of all portions of
IS-94- 19 Mitigation Monitoring and Reporting Program pertaining to the Project.
/ D. Implement previously adopted conditions of approval pertinent to project.
Unless otherwise conditioned, developer shall comply with all unfulfilled
conditions of approval of the EestLake Greens Tentative Map, Chula Vista Tract
8B-3 established by Resolution No. 15200 approved by Council on July 18,
19B9, and amended by Resolution 1761B approved by Council on August 16,
1994, and shall remain in compliance with and implement the tarms, conditions
and provisions of Eastlake Greens Sectional Planning Area, Eastlake Greens
P1annad Community District Regulations, the Eastlake Greens Development
Agreement, the Water Conservation Plan end the Air Quality Plan, Design
Guidelines end the Public Facilities Financing Plan.
E. Implement Public Facilities Financing -Plan
Devaloper shall install public facilities In accordance with the Eestlate Greens
Public Facilities Financing Plan ,s amended or as required by the City Engineer
to meet threshold standards edopted by the City of Chula Vista. The City
Engineer and Planning Director may, at their discretion, modify the HqUlnce of
Improvement construction should conditions change to warrant such a revision.
F. Project Phasing
If phasIng II proposed within an individual map or through multiple hI maps,
aubmit and obtain approval for a development phasing plan by the City Engineer
and Director of Planning prior to approval of any final map. Improvements,
facilities end dedications to be provided with each phase or unit of development
ehall be II determined by the City Engineer and Director of P1anlnll. The City
reserves the rillht to condition approval of IIch final trIap with the requirement
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Resolution No. 17774
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to provide said improvements. fecilities Indlor dedications IS necessary to
provide adequate circulation and to meet the requirements of police Ind fire
departments. The City Engineer end Plenning Director mev. It their discretion.
modify the sequence of improvement construction should conditions chen!;;e to
warrant such a revision.
G. Annexation
Annex all property within the proposed subdivision boundary of lach final map
to the City of Chula Vista from the County of San Diego prior to epproval of
each map.
H. Design Review Approval
The final map shall complv with all applicable plans and conditions epproved
with DRC-95-16.
X. SPECIAL CONDITIONS OF APPROVAL
Prior to approval of the final map unless otherwise indicated. the developer shall:
STREETS. RIGHTS.OF-WAY AND IMPROVEMENTS
, . Design. construct end dedicate right of way for III streets to meet the City
standards for residential streets, or as approved by the City Engineer. Submit
improvement plans for epproval by the City Engineer detailing the horizonta'lnd
verticar alignment of said streets.
2. Guarantee the construction of all improvements Cstr..ts. lewers. drlinage
facilities, utilities. etc) deemed neCessary to provide ..rvic. to the subject
subdivision in accordance with City standards.
3. Design streets to meet 250' minimum distancI between Clntlrline intlrsections
or IS approved by tha City Engineer.
4. The waivers rlquested on the tentltive mlp for the followi"" Irl herlby
granted:
I) cui de sacs
b) tlngent length between Station 28 Ind Stltion 30
c) knuckles
d) driveway .eparation from PCR to be .. f.et minimum
5. Present written verification to the City'Engineer from OtlY Wlt.r District that
the subdivision will be provided Idequatl water .ervicI and long "rm wlter
.toreg. facilities.
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Resolution NO. 11/'"
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6. Design all rasidentialstreets with 200 ft. minimum curve radii.
7. Obt.ln and gr.nt to the City .asements for the m.inten.nce of the proposed
..wer and .torm drain between the northerly .ubdivision boundary and the
point of connection to the .xisting facilities. Said easements .hall be 10' wid.
minimum.
GRADING
8. Submit and obtain approval by the City Engineer for final grading plans.
I. Provide an updated soils r.port or an addendum to the original docum.nt
pr.par.d by . r.gist.r.d .ngineer. as r.quired by the City Engineer.
10. Submit and obtain approval by the City Engine.r for an ero.ion and
sedim.ntation control plan together with grading plans.
, 1. Submit a list of proposed lots indicating wheth.r the .tructur. will be loc.t.d
on fill. cut. or a transition between the two situations.
~GREEMENTS
12. Enter into an agreement with the City whereby:
ao The developer agrees the City may withhold building ~rmits for any
units in tha subject subdivision if any ona of tha following occur:
(11 Regional dev.lopm.nt threshold limits..t by the East Chula Vaata
Transportation Phasing Plan have been raached.
(21 Traffic volumes. levels of aervice. public utilities andlor servic.s
exceed the adopt.d City thr.shold standards.
b. Th. dev.lop.r agr.es that the City may withhold building ~rmiu for
any of the proposed d.valopm.nt If the requir.d publiC facilities. as
Id.ntifi.d In the PFFP or as amend.d or otherwlae conditioned have not
been compl.t.d or constructed to satisfaction of the City. The
developer may propose changes In the timing and ..quenclng of
developm.nt and the construction of Improvements affected. In such
caS'. the PFFP may be amanded II approved by the Planning Diractor
and City Englne.r.
13. Agre. to d.fend.lndemnlfy and hold harmless the City .nd its ag.nts. offlClr.
.nd .mploy.... from .ny claim. ectlon or proc.eding against the City. or its
ag.nts. offic.r. or .mploye.. to attack. ..t .slde. void or annul any .pprovel
by the City. including .pproval by ~ Planning Commission. City Council or any
approval by its ag.nts. offic.r.. or .mployees with regard to this subdivl.lon
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Resolution No. 17774
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pursuent to Section 66499.37 of the Map Act provided the City promptly
notifies the subdivider of .ny clelm, action or proc.eding and on the further
condition that the City fully cooperates In the defense.
14. Agree to hold the City hermless from any liability for arosion, siltation or
Increese flow of dreinage resulting from this project.
15. Agree to Insure that all franchi..d cable television companies (.Cable
Company. I ere permitted equal opportunity to place conduit .nd provide cable
television urvice to each lot within the subdivision. "estrict .ccess to the
conduit to only tho.. franchi..d cable television compani.s who .re. .nd
remain In compliance with, .11 of the terms .nd conditions of the franchise .nd
which .re In further compliance with .11 other rules, regulations, ordinances and
procedures regulating and affecting the operation of c.ble t.levision companies
.s same may have been, or may from time to time be issued by the City of
Chula Vista.
OPEN SPACE/ASSESSMENTS
16. Pay .dditional fees on . fair-share basis Into As..ssment District Number. 90-
3. 91-' .nd other .pplicable ......ment districts due to . change in units
.pproved subsequent to District formation .s determined by the City Engineer.
17. Pay.1I costs .s.ocieted with .pportionment of ....ssments for .n City
...es.ment districts .s . r.sult of subdivision of land. within the boundary.
Request .pportionment .nd provide . deposit to the City .stimated .t
t40/unit/district to cover costl.
"' 8. Preparl . disclosure form to be .Igned by the home buyer .cknowledging that
.dditional fees have been paid Into the AsHssm.nt District or the
Tr.nsportation DIF Fund. .nd that the.. .dditionsl f..s art reflect.d In the .
purchase prlc. of the hom. for those units which have. density change from
that indicated In the ....ssm.nt district'. Engineer's R.port. Submit disclo.ur.
form for the .pprovel of the City Engineer.
19. R.quest .nnexation Into E.stLake Maintenance District " of .11.rea. within
the tent.tive map bound.ry not curr.ntly Includ.d In the district prior to
approval of the first final map which Includ.. Mid .r.... Dtpoalt t3,OOO to
lnItiat. .nnexation proceeding.. Pay .11 costs of proce.ding..
MISCELLANEOUS
20. Tit the bound.ry of the aubclivIIlon to the Callfornl. 'vatem .zone VI (1983).
21. Submit cople. of Final Maps In . digital form.t .uch .s (OXFI gr.phic fil. prior
to approval of aach F'mal Map. Provide computer aided Design (CADI copy of
the Floal Map based on accur.te coordinat. geometry c.lcul.tlons .nd aubmit
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Resolution No. 17774
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the Information In accordance with the City Guidelines for Digital Submittal in
duplicate on 15-1/2 HD floppy disk prior to the approval of aach Final Map.
XI. CODE REQUIREMENT REMINDERS
.
1. Comply with all applicable Hctions of the Chula Vista Municipal Code.
Preparation of tha Final Map and all plena ahall be In accordanca with the
provisions of the Subdivision Map Act and the City of Chula Vista Subdivision
Ordinanca and Subdivision Manual.
2. Underground all utilitias within the aubclivlaion In accordance with Municipal
Code raqulrements.
3. Satisfy the requirement to pay the Transportation Development Impact Faes
(ToIF) prior to fin,1 map approval If the fll Is financed through an assllsment
district or pay the TolF prior to Issuance of building permits.
... Pay the following filS In accordance with the City Code and Council Policy:
a. The Public Facilities Development Impact Faes.
b. Signal Participation FI...
e:. All applicable Hwer filS. Including but not limited to Hwer e:onnection
filS.
d. Interim Pre.SR-125 Impact fie (Ifflctive January 1,1895).
a. Telegraph Clnyon Sewer Pumped F10wI o.v.lopment Impact Fall
a. Pay the amount of applicable feel In afflct at the time of ialuanca of building
permits. The developer II advlled thet fill periodically chlnge. and that It Is
the developer'l responsibility to e:ontact the appropriate City department or
government agency to alcartaln the amount of a given faa due at the tlma of
colllction.
I. Requlrad flrl hydrlnts mutt be Installad and operabll prior to delivery of any
combustlbll construction matlrlals.
7. " any part of the developmlnt wRl be adjlcent to an open apace area,
particularly canyon rlml, a plan for brush managlment and fire. ..llltive
IIndacaplng mutt be aubmlttld.
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XII. CONSEQUENCE OF FAILURE OF CONDITIONS
Resolution No. 17774
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If any of the foregoing conditions fail to occur, or if they are, by their terml, to be
Implemented Ind maintained over time. if Iny of such conditions flil to be so
Implemented and maintained according to their terms. the City shall have the right to
revoke or modify all approvals herein granted. deny or further condition Issuance of all
future building permits. deny. revoke or further condition III certificates of occupancy
Issued under the authority of approvals herein granted. Institute Ind prosecute
litigation to compel their compliance with said conditions or aeek dameges for their
violation. No vested rights are gained by Developer or I successor In Interest by the
City's approval of this Resolution.
XIII. NOTICE OF DETERMINATION
The City Council directs the Environmental Review Coordinator to post a Notice of
Determination and file the same with the County Clerk.
XIII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution II dapendent
upon the enforceability of each and every term. provision Ind condition herein stated;
.nd that in the event that anyone or more terms. provisions or conditions .re
determined by a Court of competent jurisdiction to be invalid. Illegal or unenforceable.
this resolution shan be deemed to be automatically revoked and of no further force .nd
effect eb initio.
Presented by
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Robert A. Leiter
Director of Planning
Bruce M. Boogaer
City Attorney
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Resolution No. 17774
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PROJECT
LOC1TION
EXHIBIT A
(HULA VISTA .LANNING DEPARTMENT
LAlCA 1CI& _. 8MTA.NA. iiI11AD ~.
(!) UDCI . ..en. -, .'
_ IOVIII" ..-- 11M II .. 1 ~ II ._ r.: :r ...,
-IIONE l"jiCi.,..U ,_ -'.r. Yo'" .
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PASSED. APPROVED and ADOPTED by the City Council of the Cit.y of Chula Vistl.
Celifornia. this 20th day of December. 1994. by the following vote:
YES:
_Councilmembers:
Fox. Moot. Padilla. Rindone. Horton
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NOES:
ABSENT:
Councilmembers:
None
Councilmembers:
None
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ABSTAIN: Councilmembers:
None
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Shirley orton. Mayor
ATTEST:
STATE OF CALIFORNIA I
COUNTY OF SAN DIEGO I ss.
CITY OF CHULA VISTA I
I. Beverly A. Authelet. City Clerk of the City of Chula Vista. Cllifornia. do herlby certify that
the foregoing Resolution No. 17774 WIS duly passld. Ipproved. Ind Idopted by thl City
Council It e regular mleting of the Chula Viste City Council held on the 20th dlY of December
1994.
Executed this 20th day of December. 1994.
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MillulcI
December 20. 1994
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.ESOLlmON 17773 APPROVING ABATEMENT OF TIfE TRANSIENT OCCUPANCY TAX
TO EIGHT PERCENT FOR THE PERIOD OF JANUARV I, 1"5 THROUGH MARCH JI, 1"5
11>is belna lbe lime and pu u advertised. &be public hcarina wall declarod """r.. The.... ""inll no pulolic latimon)'.
Ibe public bcuiDa was clecJared closed.
RESOLUTION 17773 OFfERED BY COUNCILMEMBER FOX, nudill# or the text "'115 waived, passed and
approved llllallimollSly.
19. PUBLIC HEARING PCS-954l: CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR
A PROJECT KNOWN AS \'ENTANA. TRACT 95-OJ,INVOLVING 109 SINGLE.FAMILY DWELLINGS
ON 13.7 ACRES LOCATED ON THE WEST SIDE OF SOUTH GREENSVIEW DRIVE, SOUTH OF
CLUBHOUSE DRIVE, AND SUBMITTED BY BREHM COMMUNITIES .Brehm Communities has IIlbmilled
. Tealllive SubdivisioD Map DOwn as Vcnlaoa. T...ct95-()3. in oRler 10 subdivide 13.7 acres into 109linl:Je family
loll aod lbtee opeIIlpACe IoU. The property is c1ai,lnated "" Parcel R.20 wilhin Ihe E.slLake Orecns Planned
Commuoil)'. lIDd is localed on the _ aide of South O......nsview Drive. ""uth of Clubhouse Drive. Staff
recommeods approval of &be IIIIOlution. (DiNOlor of Planninll)
RESOLUTION 17774 APPROVING AND IMPOSING CONDITIONS ON THE TENTATIVE
SUBDIVISION MAP FOR PARCEL R.20. KNOWN AS VEI\'TANA. TRACT '5-03. MAKING THE
NECESSARY FINDINGS AND READOPTING TilE MITIGATED MONITORING AND REPORTING
PROGRAM FOR JS..94-1'
Tllil beiDa &be lime lIDlI pu u IIdvertised. &be pulolic holerinll wa.' dcclarod cl.-l.
. Scot SlIDcIstrom. 2835 Camino Del Rio Soulh. San Diell". CA. ftlJ'~linl: Brehm Communili., ..led
*y _ ill IIlpport of &be ..ff NCOlIUIICl\dalion. The projecl __ their fifth in EastLake.
1bere beiDa DO funber public teltilllODY. &be public llearin, was _larod .1oM!.
CouP";J-ber RiDdooe IIated a pallel'll bad dcvelllplll early in EastLake which promut" &be developn.ll of cui.
..... aad biDdencla aooiI flow of traffic. He questioned whcIhcr lhal_ a Jl"l'ilian IlIIccn Ioy a previoul C-Cil.
Jlobert Leiter. Direclor of Plaonina. ruponded thaI part of the 101layoUI for the projecl Iocfore Council was L r IIU
it was a aolf ClOlIIW oollllllllDily. In lookin, al new projOC:III lIIIlff _s pmmnlin, tIoc _ of a rrid pallCI'II.
Cowtci1member RiDdODe IIalod if iliff was _1'MlI wilh rr-rc from d.=vclnpe", tIocy 1Ih1lUld lorin, Ibe iasue
IIack to CouDciJ for . policy _il;OII.
RESOLUTION 17774 OJl1:RED BY COUNCILMEMBER FOX, ftlIdillJl urtbe text "'II.' waived, pa'IIIICI and
approved lIIIlIIIimollSly.
20. PUBLIC HEARING ACQUISITION OF CERTAIN RIGHT -oF.\v A Y FOR EAST - J- nREET
On 7118191. CouDcil approved tIoc Ieolllivc IIlbdivisiOll map for RalII:ho del Rey SPA III. Tl'lICl 90-02. In onIcr
10 OOIIIply willi lbc Ieo\alive .., ooadilioas, Rancho del Rey Partnerohip iII....uired to 00I\III_1 an off1i1c porUOII
of East OJ' SInCI. II nqui_ atRCI ri,hloOf.way _ propcr1y owncd hy SUllie Mary lennell. The pl'llpelty is
Ioc:atacI ...... Pueo Ladaa and River AIh Drive and -.oj"", of ahaul 1.07 _. The eft'orts of Rancloo del
.cy PutDcnhip to obtaio Ibe property by _,OIialillll "VC failed. Due to time _rainll, Rancho clcl by
PutDcnhip c:aDDOI wailllDY Iooacr and mDCIII *,-in rr-Jin," mullt ....in. Staff _mends -rProval of
... NlOluliOD. (Difector of Public Works)
RESOLUTION 17775 DETERMINING AND DECLARING THE' PUBLIC NECESSITY TO
ACQUIRE CERTAIN RlGHT-oF.WAY FOR EAST -J" nREET AND AlTI'HORIZING THE
COMMENCEMENT OF CONDEIIINATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE
lAID RlGHT-oF.WAY
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RESOLUTION NO, 17814
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT 95-
03, EASTLAKE SOUl H GREENS UNIT 20 (VENTANAI,
ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS
DEDICATED ON SAID MAP, REJECTING ON BEHALF OF THE
CITY OF CHULA VISTA THE OPEN SPACE LOTS GRANTED ON
SAID MAP, ACCEPTING THE EASEMENTS GRANTED ON SAID
MAP WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
The City Council of the City of Chula Vista does hereby resolve es follows:
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 95-03:EASTLAKE
SOUTH GREENS UNIT 20 (VENTANAI, and more particularly described IS follows:
Being a subdivision of Lots 3, 4, and 5 of Chule Vista Tract No. BB-3A,
Eastlake South Greens Phase 1 in the City of Chula Vista, County of San Diego,
State of California, according to the Map thereof No. 13180 filed in the Office
of the County Recorder of said San Diego County January 17, 1995, as FIP 95-
0019312.
'Area: 12.058 acres
Numbered Lots: 93
Remainder Lots: 3
No, of Lots: 99
Lettered Lots: 3
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is made in the manner and form prescribed by law and conforms to the surrounding surveys; ,
and that said map and subdivision of land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public
the public streets, to-wit: Boca Raton Street, Turtle Cay Place, Turtle Cay Way, Brooks Trail
Court and Waterwood Court, and said streets are hereby declared to be public streets and
dediceted to the public use.
BE IT FURTHER RESOLVED that Lot A is hereby rejected for Open Space.
BE IT FURTHER RESOLVED that Slid Council hereby accepts on behalf of the City of
Chula Vista the easements with the right of ingress and egress for street tree planting and
maintenance, sewer end dreinage, general utility easement within Open Space Lots A, Band
C, all as granted and shown on said map within said subdivision, subject to the conditions set
forth thereon.
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Resolution No. 17814
Page 2
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BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be. and she
is hereby authorized and directed to endorse upon said map the action of said Council; that
said Council has approved said subdivision map. and that said public streets are accepted on
behalf of the public as heretofore stated and that said lots are dedicated for Open Space and
other public uses and are rejected on behalf of the City of Chula Vista and that those certain
easements with the right of ingress and egress for the construction and maintenance of street
tree planting. sewer and drainage. as granted thereon and shown on said map within said
subdivision is Iccepted on behalf of the City of Chula Vista as hereinabove stated.
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BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to
transmit said map to the Clerk of the Board of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement
dated the 21st day of March. 1995. for the completion of improvements in seid subdivision,
known as document number C095-024. a copy of which is on file in the office of the City
Clerk, and the same as though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be. and she is
hereby authorized and directed to execute said agreement for and on behalf of the City of
Chula Vista.
Presented by
Approved as to form by
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10hn P. Lippitt
Director of Public Works
Bruce M. Boogaard
City Attorney
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Resolution No. 17814
Pege 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 21st day of March, 1995, by the following vote:
YES: Councilmembers:
Fox. Moot. Padilla. Rindone, Horton
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
ABSTAIN: Councilmembers:
None
ATTEST:
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO I ss.
CITY OF CHULA VISTA)
I, Beverly A. Authelet, City Clerk of the City of Chula Vista. California. do hereby certify that
the foregoing Resolution No. 17814 was duly passed, approved, and adopted by the City
Council at a meeting of the Chula Vista City Council held on the 21st day of March, 1995.
Executed this 21st day of March, 1995.
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Beverly . Authelet, City Clerk
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Minutes
March 21, 1995
Pag. 2
c. Letter reque:!ttin)t a nnuncial contrihutinn frmn tht: City lei help spun'lur trip tn Aw.;tn.lia and Nt:w
Zealand with IIPeuple to P~ple" :.. Rohin Rc:.a<.lc:r, 285 S~" Vulc: Slr"I, Chul.. ViSUl, CA 9J910. II is
r"""mm.nd",", thaI th. r"'Ju.st b. d.ni.d.
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6. ORDINANCE 2629 AMENDINGSECTION2.28.0500FTHEIlfUNICIPALCODERELATING
TO THE CODE OF ETHICS TO PROHIBIT EMPLOnlENT OF A FORMER CITY COUNCILMEMBER
FOR A PERIOD OF O!l.'E YEAR AFTER LEAVING OFFICE (first r."di,,"l - On 1110/95, Council dirocted
Ih. City Attom.y to prepar. an amendmenllo the provisiun of th. Elhics Cod. "roh,hiling a form.r .locl",", official
from ap"""ring befor. a City body or City oftic.r or .mploy.. as an ag.nl for .oDl..me .Is. .oliciling a n.n.fil or
enlitlemenl in fronl of Ihe City. The Council's int.rest was evaluating an expansion of tbal provision 10 proclude
a fotlllllr elecled official from ~ing .mployed for Ihe sam. on. y.-r period of hm. after l.:aving office. Staff
rocommends Council place the ordinance on first r.-ding. (City Attom.y) Pulled from the Consent Calendar.
Councilmember Padilla questioned Ih. rational. for Ih. inclusion of languag. for a 4lSlh's vote 10 allow for persons
covered und.r the ordinance to be employ.d by Ih. Cily.
Mr. Boollaard r.plied the Board look very seriously the facI Ihal the ordinanc. could proclud. an elocted official
frolll a field of employmenl. If it should happ.n Ihal an .Iecled "fticial wos Ihe b.st suit",", person for a particular
job with the Cily Ihe Board did nol want 10 pr.c1ude the Cily from hoving Ih. opportunily of .mploying thai elected
official afler I.-ving office. It was f.1t with the 4lSlh's vol. of Ih. Council il would hove 0 public airing. public
disclosure of the fact, and a determinalion by a sup.r-majorily of Ih. Council thaI the person, despil.lheir previous
..rvic. as an elocled offic.r could still s.r.... th. puhlic in a paid em"loymenl capacily.
ORDINANCE 2629 PLACED ON FIRST READING BY COUNCILMEMBER PADILLA, r...din~ nl'the texl
,,"us waived. pas.~ed und approved ullllOilllllusly.
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7.A. RESOLUTION 17835 Alii ENDING CONDITION NUMBER 38 OF RESOLUTION 17618
APPROVING THE TENT ATlVESUBDIVISION MAP FOR TRACT 88-3A, EASTLAKE SOUTH GREENS-
On 12120194, Council appmv",", Ihe T.nlall\'e SuhdIVlSllln Map Illr Tracl 95-03, Parc.1 R.20 of E.sILak. Suulh
Greens, known as V.nlana. Council also approv.d on 7118'89. Ihe Tentallve SuhJ,,'islOn M,p for Tract 88-3,
EastLak. Gruns and on 8/16/94, approv.d an am.ndmenl 10 th. south.rly porI IOn of said EaslLake Groens
T .ntali". Map. Slaff ,,:comm.nds approval of Ihe r.soIUlions. (O"oclor of Public Works, Direclor of PlaMing
and Director of Community O.velopmenl)
B. RESOLUTION 17814 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 95-03. EASTLAKE SOUTH GREENS, UJ\IT 10 (VENTANA)
C. RESOLUTION 17815 APPROVING SUPPLnlENTAL SUBDIVISION IMPROVEMENT
AGREEME!l.T REQUIRING DEVELOPER TO COMPLY WITH CERT AIN UNFULFILLED CONDITIONS
OF RESOLUTION NUMBERS 17774 AND 15200 APPROVING A TENT A TIVE SUBDIVISION MAP FOR
PARCEL R-20. KNOWN AS VENTANA. AND AUTHORIZING THE MA YOR TO EXECUTE SAME
Mr. Boogaard inform.d Cuuneillhat h. had .ecur",", 0 leller iOllie'ling Ea.tutk.'s eonsenl 10 th. a_ndment of
Clln.Jilion No. 38 of Resolution 17618.
8.A. RESOLllTION 17836 REJECTING LOW BID FOR ALTERNATE A (SIDEWALK RAMPS) FOR
NON-COMPLIANCE WITH MINORITY AND WOMEN OWNED BUSINESS REQUIREMENTS FOR
"CONSTRUCTION OF SIDEWALK RAMPS ON VARIOUS STREETS AND PLACEMENT OF ASPHALT
CONCRETE ON ACCESS ROAD TO NATURE INTERPRETIVE CENTER (ST-513. STL-213)". On 2/1/95,
the Diroctor of Public Works roc.iv",", ..-Ied hids for 'Conslnletion of Sidewalk Ramps on Various Streets and
Placem.nt of Asphal! Concr.te on acc.ss road to Nalure Inte",reli.. Cenl.r.' Th. City bid three alternates (A,
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RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ADOPTING A PROGRAM FOR THE
PROVISION OF AFFORDABLE HOUSING WITHIN THE
EASTLAKE PLANNED COMMUNITY; AMENDING
RESOLUTION NO. 15200 AND APPROVING AN
AFFORDABLE HOUSING AGREEMENT
I. RECITALS
A. Project Site.
WHEREAS, the area of land which is the subject matter of
this resolution is diagrammatically represented in
Exhibit A attached hereto and incorporated herein by this
reference, which is composed of what is commonly referred
to as the planned community of EastLake Phases II, III
and the Land Swap Parcels ("project Site"); and,
B. Project.
WHEREAS, the EastLake Affordable Housing Task Force has
recommended that the City Council consider the adoption
of the Affordable Housing Program for the Project Site,
attached hereto as Exhibit "B" and incorporated herein by
this reference("Project"); and,
C. Developer.
WHEREAS, a person having control over all or a portion of
the development of the Project site is identified as
EastLake Development Company ("Developer"); and,
D. Prior City council Action.
WHEREAS, On July 18, 1989, the City approved a Master
Tentative Map, for approximately 830 acres located within
the Eastlake Planned Community, by Resolution Number
15200 ("Eastlake Greens Original Tentative Map").
Condition Number 44 of Resolution 15200 required that a
low and moderate income housing program be established
with a goal of providing 5% low and 5% moderate income
housing units within the Eastlake Greens Tentative Map
area ("Affordable Housing Requirement"). (A 1% deviation
resulting in 4% low and 6% moderate income housing was
originally considered acceptable.) The City deferred the
Affordable Housing Requirement pending further evaluation
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of the General Plan density policies as related to
parcels R-24, R-25, R-26, R-27 and R-2B; and,
WHEREAS, the City Council, as a Condition of Resolution
No. 17309 adopted December 12, 1993, for General Plan
Amendment GPA-93-04 ("GPA-93-04"), reinstated the
Affordable Housing Requirement previously established by
Condition No. 44 of Resolution No. 15200; and,
),
WHEREAS, the city Council, resolved per Resolution No.
17309, to create an ad hoc EastLake Affordable Housing
Task Force ("Task Force") for the express purpose of
creating an affordable housing implementation program for
the Project Site; and,
WHEREAS, on August 16, 1994, the City Council amended by
Resolution No. 1761B, the Eastlake Greens Original
Tentative Map to include an additional 22.7 acres and
authorize development of a total of 3192 dwelling units
("Eastlake Greens Tentative Map")
WHEREAS, the proposed Project would serve as the low and
moderate income housing program for the Eastlake Greens
Tentative Map area and provide implementation policies
for establishment of affordable housing within the
remaining Project Site; and,
Application for Discretionary Approval.
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E.
WHEREAS, on December 21, 1994, the Task Force recommended
that the City Council consider the Project for adoption;
and,
F. Planning Commission Record on Application.
WHEREAS, the Planning Commission held an advertised
public hearing on said project on June 14, 1995, and
voted 5-0 (two members absent) to recommend that the City
Council approve the Project in accordance with Resolution
PCM-95-15, and based upon the findings and subject to the
conditions listed below; and,
G. city Council Record of Applications
WHEREAS, a duly called and noticed public hearing was
held before the City Council of the City of Chula Vista
on July 25, 1995, on the Project and to receive the
recommendations of the Planning Commission, and to hear
public testimony with regard to same; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council does
hereby find, determine and resolve as follows:
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II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the
Planning commission at their public hearing on this Project
held on June 14, 1995, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record
of this proceeding.
III. MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED
Mitigated Negative Declaration.
The City Council of the City of Chula Vista has reviewed,
analyzed and considered the previously approved Mitigated
Negative Declaration on 15-95-21 (known as Document No. ____
on file in the Office of the City Clerk) and comments thereon,
the environmental impacts therein identified for this project
prior to approving the Project. Based on the Initial Study
and comments thereon, the Council finds that there is no
substantial evidence that the Project will have a significant
effect on the environment and thereby adopts the Mitigated
Negative Declaration 15-95-21.
IV. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the Mitigated Negative
Declaration on 15-95-21 has been prepared in accordance with
requirements of the California Environmental Quality Act, the
State EIR Guidelines, and the Environmental Review Procedures
of the city of Chula vista.
V. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council finds that Mitigated Negative Declaration IS-
95-21 reflects the independent judgment of the City of Chula
vista city council.
VI. ADOPTION OF PROGRAM
The City Council does hereby approve and adopt the Project on
the terms and conditions herein specified.
VII. AMENDMENT TO EASTLAKE GREENS TENTATIVE MAP
The city Council does hereby amend Condition No. 44 of
Resolution No. 15200, adopted July 18, 1989, for the EastLake
Greens Tentative Subdivision Map, to read as follows:
As soon as possible after the adoption of Resolution No.
, but in no event later than the recordation of the
Final Map containing the 1500th unit. of this Tentative
Map, the City and the Developer shall have entered into a
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binding and recordable agreement ("Affordable Housing
Agreement") providing that among other things (1) after the
building permit for the development of the 2,550th unit within
the territory of this Tentative Map, as amended by Resolution
17618, has been issued, the city shall have the absolute and
unfettered right to withhold the issuance of any building
permits for any construction within the territory of this
Tentative Map until the Developer has under significant
construction 160 qualified low income housing units that meet
with the approval of the City; and (2) the Developer shall,
without regard to the further and additional development of
the territory of this Tentative Map, have under significant
construction, no later than June 1, 1998, 112 qualified low
income housing units that meet with the approval of the city.
Said affordable Housing Agreement shall be executed by
Eastlake Development company, and an abstract of the same
satisfactory to the city shall be recorded. The Affordable
Housing Agreement shall further provide that after significant
construction commences, it shall be diligently prosecuted to
completion pursuant to plans and agreements approved by the
city. Failure to reach agreement or violation of the
Affordable Housing Agreement, once reached shall be deemed a
violation of this condition.
Developer shall construct 160 moderate income housing units
and provide documentation satisfactory to the City's Housing
coordinator that such units qualify as moderate income
housing. The documentation shall be submitted for approval by
the City's Housing Coordinator, no later than three months
from the date of sale of each moderate income housing unit or
for units sold prior to the adoption of Resolution No. ,
documentation shall be submitted within 5 months from the
adoption date of such Resolution. Developer shall complete
construction of the 160 moderate income housing units prior to
the City's approval of the Final Map containing the 3030th
unit of this Tentative Map. For purposes of this condition,
the term "moderate income housing units" shall mean housing
units which are offered to qualified families whose income
levels range from 80-120% of the regional median income.
Market-rate units may be qualified by the city's Housing
Coordinator as moderate income housing if such market-units
meet the definition of moderate income housing.
Except as modified herein, all other Conditions of Resolution
No. 15200 shall remain in full force and effect.
VIII.
APPROVAL OF AN AFFORDABLE HOUSING AGREEMENT
The city council hereby
Agreement, dated
attached as Exhibit "e"
reference, as a means to
approves the Affordable Housing
day of __95, a copy of which is
and incorporated herein by this
implement the low income housing
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requirement of Condition No. 44 of Resolution No. 15200. 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.
IX. IMPLEMENT MITIGATION MEASURES
Developer shall diligently implement, or cause the
implementation of, all mitigation measures pertaining to the
Project identified in Mitigated Negative Declaration 15-95-21,
prior to subsequent and appropriate discretionary approvals.
X. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the terms or conditions of this approval shall fail
to occur, or if they are, by their terms, to be implemented
and maintained over time, and 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, deny or further condition issuance of all future
building permits, deny, revoke or further condition all
certificates of occupancy issued under the authority - of
approvals herein granted, institute and prosecute litigation
to compel their compliance with said conditions or seek
damages for their violation. No vested rights are gained by
Developer or a successor in interest by the city's approval of
this Resolution.
XI. NOTICE OF DETERMINATION
The city .Council directs the Environmental Review Coordinator
to post a Notice of Determination and file the same with the
County Clerk.
XII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City council that its adoption of
this Resolution is dependent upon the enforceability of each
and every term, provision and condition herein stated; and
that in the event that anyone or more terms, provisions or
conditions are determined by a Court of competent jurisdiction
to be invalid, illegal or unenforceable, this re olution shall
be deemed to be automatically revoke of no urther force
and effect ab initio.
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Presented by
Robert A. Leiter
Director of Planning
(.: ,ahared\815rea.ccr)
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Minules
, July 25: 1995
Page 8
process was mixed with respect as to what affordabl~ housing was and what s()m~ of Ih~ real issues wer~ versus
stigma. The up front portion of the task forces' lime was looking at and dispelling myth, They used a variely of
publications produced by both lhe State of California and olher documents and materials provided hy South Bay
Community Services. Some of the reports made availahle by South Bay Community Services also related direclly
10 Item d where some agencies, particularly lhe State of California and other areas of lhe nation had published
reports which posted occupancy evaluations over lime of surrounding property once affordable housing projecls were
buill. Through those factual surveys the task force determined lhatthere was not a malerial reduclion after the fact
in property values around projects.
. Amy Serrano, 1174 Pacific Grove Loop, Chula Visla, CA, queslioned if lhe Homeowners Association dues
would go up, if lhe Mello Roos would go up, if the occupanls of lhe affordahle housing would
have privileges to the amenities and who would pay for it. would the area he kept up. and if the
occupants would be responsible for maintaining the property.
. Bill Ostrem, representing EastLake Developmenl, responded that the Phase I project was not within
EastLake II Homeowners Associalion and it was not conlemplaled that it would he folded into the
Association. The facility would not participate: in the: Homeowner's fa\.'jliric:s. The)' would have
similar facilities on-site to take care of thdr r~rc:ational nec:ds.
. Brendan F. Ward, 1040-D Baywood Circle, Chula Visla, CA. stated he had heen living in his home for
three weeks and had not seen the plan nor heen notified, He fell he had heen done a great
disservice by EastLake. The: Council n~d~ 10 keep in minJ that a corporation was nol a
constituent. H~ r~qu~st~d that Council continue: the ite:m until thr: m~.iority of the: homes had h~e:n
sold and list~n to the owners rather Ihan a corporation. They had neen poorly rr:prcscntc:d hy their
Associalion memhers on the task foro~. They had done little or nothmg in making th~
homeowners aware of what was going on, He felt Ihe liduo,.r) duty of lhe develop men I company
in making them aware of their future plans had hcc:n hrcal.:hrd. He also 1.1Uestioned the impa~ts
on fees, Mello Roos, and CC&R's. There were suftkient low inl.:ome housin~ opportunities
currently within the City. All uocuments should he: made availanlc: 10 the homc.owners for revieW.
Mayor Horton stated every five years the City had to revisit the Gen.ral Plan and pari of that Plan induded a
Housing Elemenl. Within the Housing Element il was mandalory for the developer hullding in th. easlern areas
10 provide low/moderale housing,
Mr. Ward replied that he was not anli poor/moderate income, He did nol feel it had heen adequalely explained and
felt those affected by Ihe projecl should have an opportunity to examine whal researc'h had heen done,
. John R. Albiso, 101O-E Baywood Circle, Chula Vista, CA. staled many of his oon,'enlS had already heen
expressed. He had recently purchased his home and il had not heen disdosed to him by lhe
developer Ihataffordahle housing would he huilt aoross the streel. The perceplion was thai it was
Jaw income housing v~rsus affon.1ahle housing. As long as thai pc:rspc:ctive existed it would cause
. decline in interest in olhers purchasing homc:s and decrc:asc: in property valueS. Hc: expressed
concern r~garding their quality of life and impaots if the pr"j""t was huill. The housing should
be placed in areas of Chula Vista where il would have a positive afl"cl.
. Richard A. Edelin, l005-B Baywood Circle, Chula Vista, CA. slated he was a new home purchaser. His
concerns were nol based on a desire to keel' others from heing ahle 10 arrive al whal he had hut
to help each olher in building a stronger communily where inv.slmenls Were prot""led and lhere
was an opportunity to hell' pull each oth.r up. He did nol want to he penalized heeause he was
a new homeowner and not he given lhe opportunity 10 participale in the process. He felt they
should be given Ihe opportunily to review the sludy and add th~ir contrihutions. Ther~ would he
a dividing line along EaslLake Parkway. j,e. those living south of th. Parkway would he memhers
of the Greens and EaslLake 11 Homeowners Associalion and Ihose renting or purchasing 10 the
Dorth would nol. He felt there would be an artificial harrier hetween the citizens who should and
could be memhers of th~ same community and those who would he ahle 10 participate and henefit
from Ihe amenities of EastLake Greens and those who would nol. The students at EaslLake High
School felt Ihallhe qualily of education had heen impacted in other areas hy the ~xistence of low
income housing in the neiJ:hborhoods of those schools, He r"'lu<sted Council allow them 10
participate in the process. .
. Dan Marcus, 315 Fourth Avenue, Suite E. Chula Vista, CA, represenling South Bay Community Services,
Member of Ihe EastLake Affordable Housing Task Force, staled he had volunleered over 75 hours
~ r;-;2~
Minutes
July 25, 1995,
Pa~e 9
durin~ a 6 month period to extensively study the issue ofhuildin~ aflordable housing in EastLake.
The public had been included in the process and a puhlic lorum was held. The proposal was for
workin~ families thaI would have to meet ..ricl re,juirements, ""reenin~ process and comply with
ri~id mana~ement requiremenls. Many times lho,", were more slriclthan nonnal private .sector
apartments. There was an imhalance of johs and housin~ in the tastem section of the Cily. The
.horta~e of affordahle housin~ affected the llConomy as well as individual families housing
situations. The number one problem in San Diego County was affordable housing. The Slate of
California performed a study where they reviewed how IS affordahle housin~ developments
affecled nei~hhors property values. Fourteen of Ihe fifteen prqjllCts showed either slable or
incrtased values. It was his understanding that the developer would pay Mello Roos, full property
..xe., and every thin~ else a developer in EaslLake paid. There would also be mana~ement that
would be highly revi.wed by investors, No specilic Pr<\jecl was being proposed and there was
plenty of lime for puhlic input. Council was only consid.ring a policy. He encoura~ed support
of the projecl. '
. Erlinda Youn~, 2284 Willow Creek Circl., Chula Vista, CA, stated she WLS strongly opposed to lhe
proposal due to personal .xperi.nce. She stat.d thaI she had previously lived in a project Ihal had
deteriorated when op.ned 10 low income h,milies. They had heen forc.d 10 move from the area
due to crimt, graffiti. antll:an~ Hcti\'ili~!oi.
. Donald Youn~, 2284 Willow Creek Circle, Ch"la Vista, CA, staled he had worked hard and saved his
mon.y for IS years 10 locale in an area he Idl was safe. He qu.stioned the incom.s of the people
that would he moving into th. afli>rdahle hn"sing, H. felt th.r. was availahle affordahle housing
currently in the City.
. Regina Hick~y. 21 Fourth A\'~nll~. ChulCt ViSht, CA, Slal~d Ih~ Llu.:stion WMS free: private c:nlc:rprist versus
non-profit organizations. Fr~t' privalt' ~nttrpris~ WitS rc:~uJy. willinll. anti ablt to build low rent
housing. Private tnterprist' inv'C:sttc.l its own monr:y. did II a:nod manaa:ement job. and paid all
taxes and fU$ to a:ovemmtmt. Non-profits had nl1 in\:tnlivr: to manaa:c: well Mcaust th.:)' got paid
no mall.r what they did. In 1993 Council funded Ca.. Nueva Vida wilh "xpayers money. The
lack of management, lack of cleaning. landscaping and maintenance had seriously impacted Ih,
two n~ighhoring low in~om~ prqj':cls whi~h \\'~r~ pri\'Hh::I)' own.:d. Sh.: invitted th.: Council tt
compillr.: th~ sicJt-hy-sid~ prop.::rlic:s and dC:l.'iu'C' for th'C'msdv.::s who provid~ MUtr low income:
housing. Le:. fr.::c: ~nle:rprisc: or nlm.protiIS. ThdC: was it 7~ \'itl:anl.:Y ral.:: in the: South Ba)' .rlCa
and the vacancies should he Ii lied wilh rent mu,'hers heti,re pohlic capital was spent on low
income housing hy non-prolits. She urgeJ Council 10 ~iv< free enterprise a chanc. hy issuin~ rent
vouchers. She r"'luesled lhat Council "''1uest lhat Mr. Marcus meet with her 10 see what could
he done so Ihey could live side-hy-side,
. Chuck Alhrecht, 2286 Willow Creek Circl.. Chula Visllt. CA, stal.d he was a new home o\\"er in
EastLake. It was strictly an iss"e of ecom>nllcs and val".s. H. put down .verylhin~ he owned
to live in an arta where he could raise his children without fear. He qu.stioned the impacts on
Iheir quality of Iif.. H. felt it was a had deal and he would do everythin~ he could to oppo,", it.
He fell Council had already mad. up their mind.
. Tammy Alhrechl, 2286 Willow Creek Circle, Chula Vista, CA, stal.d th.)' had moved in in March. They
were not aware of Ihe projllCI and would have chosen anolher plac. to live if Ihey had been
informed. She f.lllh.r. w.r. many olher ar.as in Chula Vista lhat would meet the needs of all
incomes. They w.r. concerned re~ardinll Ihe Iype of people Ihat would ho moving in and lhe
impacls upon their quality of life.
. Amir Pishdad. 2471 Oolfcrest Loop, Chula Vista, CA, staled h. worked very hard and slru~~led to
purchase Iheir ham. and they valued the area they lived in. EastLak. Dev.lopment Company was
mis-r.pre..ntinglhe puhlic, current homeown.rs, and pol.ntial huy.rs. It was his perceplion lhat
the City Planninll Department Was supposed 10 presenl an unhiased opinion, pro and con, as to
what the values would be of any d.velopment y.' .v.rylhing h. had _n had """n pro approval.
There had alrtady been a 13~ drop in his property value in the last ytar. The EaslLake
Developmenl Company ran the Homeown.rs Association and the newsl.lIer, O...nsview only
had one article addr.ssingthe issue and that was in Sepl.mhor with the distribution in Oclober.
The vacancy rate had not """n addr.s....d in other prqjects used as .xamples. H. was not opposed
to a prqject 10 purchase hom.s of a I.sser value, hul he Was opposed 10 a 'for renl' project. The
Slate had approved the prqj.ct and for th. City 1<> change Ihe pn!jecl _mod to he a conflict of
interest between the City and the Slate. Ther. need.d 10 he more opportunity lor puhlic input.
p--->5 9 -- J ()
Minutes'
July 25, 1995
Page 10
. Terri Pishdad, 2471 Golfcrest Loop, Chula Vista, CA, slated there was a <lift"renee he:lw<on renters an<l
homeowners. When money was investe<l Ihere Was pri<le in what Ihey owned and lheir
neighborhood. They were already having a lillle Irouhle wilh people from oUlside Ihe area
ulilizing their parks and pools. If the homeowners were in control of the Soar<l that woulll not
be happening. She felt that coul<l be controlled when they coul<l make the rules. It was a nalural
Ihing Ihal was happening already. She agreed wilh commenls "reviously ma<le an<l that il was not
good for Iheir community.
. Andre Chapman, 2470 Golfcrest Loop, Chula Vista, CA, stated he <li<l not feel the is..ue ha<l been well
advertised. He did not feel Ihat Ihose renting woul<l treat the property wilh Ihe same pri<le as
those Ihat had invesled in their property. He wanted 10 ... faelual proof ..gar<ling Ihe impacts
and a financial impact study regarding property values. He hoped more lime would be given for
community input ~forc a decision was maue.
Mayor Horton questioned where he received lhe information Ihat lhe project was rental unils.
Mr. Chapman stated there had heen a Ilyer <listrihuled in their neighhorhl~ld.
Mayor Horton slaled that Council ha<l not been told it woul<l he rental units. It was her underslanding that had nol
been detennined and would he deci<led laler alier other approvals were reeeive<l.
Mr. Chapman stated he hoped Ihal hefore Council vOled on the issuethallhey woul<l he assure<llhal woul<l not he
the case. It was his undcrstandjn~ that Ea~ILakc was hdng coc::rcc::u into providing afftm,h1hlc:: housin~ or the)' could
be fined.
Mr. Gustafson explained that Council would ~ votinJ: on Mplan that institutl:c.I polkits and includc::u possihlt tar~cl
ailes for affordable housing. Ohviously, the one that had reeeive<l the most aUention and would prohahly he the
'irst 10 be developed was lhe R26 site. Council was not deciding on a pr<\iecl. When a pr<~iect was formulaled for
iU6 it would be brought to Council for due consideration. Slaff had looked a several possihle non-profit rental
projects for R26, but Ihey were also looking at consideralion hy the EaslLake Developmenl Compan)' 10 build a
market driven, for-profit affordable housing that would he "for sale". There were m"ny litels thaI were still to he:
known before a cognizanl analysis could he made of the impael on R26 or other sites.
Mr. Ostrem, representing EaslLake Development Company. recommended Ihat if Council did vole on Ihe issue that
EastLake hold another public forum hefore a pr<\iecl was hroughl forward to address the homeowners concerns.
Mr. Leiter Slated the issue needed to he moved forward in order tilT EastLake 10 conllOue processing tinal maps.
He did not feel there would he an impact wilh a <lelay of several weeks in order to hili .I a puhlic forum. He
recommended Ihat the puhlic forums he: scheduled with Ihe puhlic hearing heing renoliced. A largel dale could he
sel for six weeks and if Ihere was a prahl em in selling the puhlic fOnlm in thaI lime frame stHII wnuld ..port hack
and reDolice if Decessary.
MOTION: (Hol1on) to continue the puhlic hearillJlto the secnnd TUt!Sdu)' in Seplemher.
Mr. Booaaard queslioned whether Ihere were any pending maps to he: processe<! in lhat six week time frame. There
was a CODditioD in the tentative map Ihat would not be met untillhe pm~ram was adnpled.
Mr. Oslrem responded there were several maps agendized which involved SCHOO units. He felt a thirty day
continuance woul<l be acceplable.
)IOTlON OlEO FOR LACK OF SECOND.
Cotmcilmember Padilla queslioned how lonlllhe commillee met on the issue 10 develop the policy.
Councilmember Moot Slated Ihey had met for 6-7 months, eve~y two weeks, with all meelings nnticeiltn the puhlic.
The process was started by pUlling in articles in Ihe local leaflels 10 the homeowners invitin~ them tn ~ive their
input. A public forum was held where they presented Iheir ideas and pmposals and 10 gol as much input from Ihe
bomeowners iD EastLalce.. It was unfortunale lhat people hou~ht in the interim lime hetween the limo the report was
fmished and Ihe lime il was brought 10 Council. 11 was an emolinnal issue Hnd he <lid not know anything ahout
C'~f~JI
~
Minutes
July 25, 1995
Page II
affordable housing when he started on the Ta.k Force. The task nf affordahle housing was to have a projectth.
worked and fit inlo a community and that Ihe community accepled. The Task Force was presented many instances
of projects currenlly wilhin the City where that exacl thin~ had been done. Affordahle housing, when planned
correclly, could be dooe. The people in Ihe projecl had take ......utiful care of them and Ihey did not have grafliti
and other problems he though had exisled in such projects. Everyone needed 10 work together as a communily and
try to understand that there was a need for that housing for those startin~ out. Because Soulhern California was
such a desirable place 10 live the land values were eXlremely hi~h and Ihe prohlem with affordable housing was
extremely acute. It was a small percentage of all housin~, hut a very important percentage because it was the
vehicle thst allowed people 10 enler into the path of pride of ownership and pride in the community. People needed
a way to start oul. The object of the Task Force was 10 provide a mechanism and pul il in place so that as
communities were built it was assured that each community inte~rated within it affordable housing. When it was
concentrated in one area of the City it resulled in the blighting effecl described during the hearing. He felt everyone
could be comfortable thai those types of projecls and policies in Ihe long run benefited Ihe communities and cities.
Council member Padilla slated when people disagreed Ihey needed to treat each olher appropriately. Everyone had
the right to express Iheir opinion and be respecled for it. A lot of Ihe concerns expressed were not uncommon.
It was understandahle and Council did acknowled~e their cuncerns. The prohlem was Ihal Council's job was nol
always easy or th~ most popular thin~ to do and s()m~lim~s it was v~ry un~()mf()rh..hlc:. hut it did not m~an that t~).
should back off an issue that was correcl not mailer how unpupular it may he. The City had exisling low/mod
housing dev.lopments that had been there for ten years and he 'Iuesliuned if anyone had evidence, factual evidence,
about anyone by name of the particular prqiects Ihat Clrtrenlly exisled thai had experienced an increase in crime.
Ilrafliti, or a reduction in property values that was allrihulahle to Ihe I.ct thai amung some of Ihose people were
people that qualified Ii" thaI housing. It was his belief and cunvictiun lhalthere was not. They needed 10 proceed
from facts and not innuendo. The: concc:ms wc:rc: not unr~sonahlc:. hut in his hontst assc=:ssment they did not
measure up with the facls. There was no hislury in Chula Vista Ihal property values dropped, that people moved
out, or thaI crime wenl up because people in Ihe pr<~iecl were luw/mod. He hoped Ihat everyone could work
together to share information and work to~.:ther anJ move: fnrwitnJ tn aUltin the pusitive impacts of providini:
affordable housin~. It was an economic issue, there was a hICk of afti"dahle housing and it was diflicult 10 allract
business and industry which ,,,suhecJ in ~onomic impacls ahat Hfte:Clw r\'~'yond in the: City.
. Sally Albiso, 101O-E Baywood Circle, Chula Visla. CA. slated many of the speakers had reacled wilh
emotion because they did not have all the f.cts. It was dear tu American hearts to have a voice
and opinion and Ihat was whal they were askin~ fi". She realized Ihey had to respect the council
but felt the Council should also respecl the speakers.
Councilmember Padilla understood I""'ple bein~ upset in nut bein~ nutilied. In I.irness 10 those thai had worked
on the issue, because those Ihat had just moved in were nul nutilied. it did nul mean that notification was not made.
Council member Alevy there had been a greal deal of notilication and discussion, He felt it was important to note
Ihat people that lived in developments near Ihe area that had been nutified and were not in auendance because they
understood the process. He had not made up his mind ahead nf lime. He requesled Ihat staff clarify Ihe idea of
havinll 5 % affordable housing in new developmenls.
Mr. Leiter stated the State law required thaI every city adupl a Housin~ Element in their General Plan. The anal)'sis
was done by SANDAG 10 estimate Ihe total need and then that Was allocaled among Ihe jurisdictions. Each
jurisdiction then adopted their housing elemenl to implemenl its regiunal share. The City's re,ional share fi,ure
was approximately S!Ii for low income and approximately 5 If for muderate income. That allowed Ihe City 10
comply with the Stale law and that WI.' updated every live years.
CounciJrnember Alevy stated it was his understandinlllhatlhe requirement was lor each developmenl and had to
be within that specific plan and not in other areas of Ihe City.
Mr. Leiler stated that every p~iect of over 50 dwellin~ unils under Ihe General Plan was required 10 have an
affordable housing program and provide 5 If; low and 5 Sf muderat. huusin~ as a lar~et for the pr~iecl.
Councilmember Alevy stated Ihal il was nUl a choice of where lu PUI aftilfdahle housin~ in Ihe City bUI where to
put affordable housing in the EasILake dev"lopment. .
~J2
Minutes
July 25, 1995
Page 12
Mr. Leiter stated that was correct and was consist~nl with how citic:~ throu1:hout the: rc:gion LlC:i11t with il.
There beine no further public testimony, Ihe public htaring was declared closed.
CounciJmember Rindone stated Chula Vista had done: extremely well with thdr affonJahlc: housing program
Ihrou!:boullhe City, especially in comparison to other cities. When the comprebensive affordable housin!: elemenl
was focused on Ihe EastLake area Council needed to conlinue 10 look allow income housing "for purchase" rather
than -for rea.- .
COUDcilmember MooI staled EasILake was not being singled out in any particular way, i.e. Ihey were required 10
have affordable housine and other artas were not. When Ihe plan was pul togelher the Task Force was trying
sprtad oul affordable housing throughout Ihe Cily in fundamental fairness. The Task Force did not fee thaI any
particular region, development, or part of the Cily should b.oar more Ihan it's fair share of affordable bousing bul
it was also very dangerous to locate it all in one particular arta of the City because hislury had shown Ihat caused
blighling effects, graffili, and crime. History had shown Ihal was Ihe besl way to do it and produced more posilive
effecls.
Council member Padilla staled Council would be adopling a policy and nol a plan. Each plan would have a public
hearing process in order 10 obtain public input.
RESOLUTION 17982 OFFERED BY COUNCILMEMBER PADILLA, relldin:: of' Ihe 1.'1 was wah'ed.
Councilmember Padilla stated he did nol want to cut off dialogue. he had asked if anyone had specifk information
that they could site about a specific prqject in Chula Vista and hal.:k it up with documc:ntation. His inh:ntion in
askinS the question was to make a raint and he hall no inlc:nlion of pu...hing the: Counl,.'il to re'ol"e'n the: 1"1Ihli~ h~rjng
but if someone could specifically answ-=r his qu~sti(}n hd wO\llJ r.:c.luc:sl that CO\lnl.:il he:ar th~m.
",uncilmember MooI seconded Council member Padilla's re'luest. He had leamed thaI people should he ahl. 10
.-peak because il was a very importanl par1 of the proc....
Mr. Ward staled he was nOllrying 10 be unresponsive to the '1ueslion. hUI ~1r. Mool had slat.d Ihal he had seven
months 10 become educated aboutlhe issue. He may well be convinced Ihill it was not a had id.... bul he was asking
for Ihe opportunily to become informed before somelhing happened Ihal would eradicale Ihe opportunily of undoing
il. They had not seen Ihe studies and what the basis was of the sludies an~ the statistical analysis. H. was sure
thaI Ihe legal requiremenls for notification had been met hul he had been notified hy a xeroxed flyer in the
neighborhood. He felt Council owed itlo them as constiluents 10 brinl1lhem up to speed beti,re taking action.
Councilmember Padilla staled ways could be idenlified when pr~iecls were hrou~ht tillward on how the Cily could
do b.=.U~r in obtaining mor~ involv~m~nt in th~ prucr:ss Mm.1 nolitkation.
Mayor Horton staled concerns such a "for renl" versus "for sale" would be addressed in future puhlic hearings along
with olher concerns expressed.
AMENDMENT TO MOTION: (Alevy/Moot, allreed 10 by the Maker of' Ihe Moliun) lu direcl sIan' 10 work
wilh EastLake Developmenl to bave a well nul ked community furum wilbin Ih. nexl 30 dllYs.
Mr. Ward requested Ihat Ihe hearin!: be conlinued for 30 days and Ihal during Ihat lime Ibe homeowners be !:iven
access to all the documents prepared by Ihe Task Force and presenl Iheir commenls. A community hearin1! could
tlteo be held in 35 days, once they had Ihe opportunily 10 review Ihe malerials.
VOTE ON MOTION, AS AMENDED: approved uDllnimullsly.
ORAL COMMlINICATIONS
None .
. . . Council recessed al 9:15 p.m. llnd ~uD\'ened al 9:28 p.m. · · ·
~
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- This Page Blank -
~9~3i
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EXH-161-r D.
I
RESOLUTION NO. 17815
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPilOVEMENT AGREEMENT REQUIRING DEVELOPER TO
COMPLY WITH CERTAIN UNFULFILLED CQNDITIONS OF
RESOLUTION NOS. 17774 AND 15200 APPROVING A
TENTATIVE SUBDIVISION MAP FOR PARCEL R-20. KNOWN AS
VENTANA. AND AUTHORIZING THE MAYOR TO EXECUTE
SAME
WHEREAS. on December 20. 1994. by Resolution 17774. the City Council approved
the Tentative Subdivision Map for Chula Vista Tract 95-03. Parcel R-20 of Eestlake South
Graens. known as Ventana; and.
WHEREAS. Council also approved on July 18. 1989. by Resolution 15200. the
Tentative Subdivision Map for Chula Vista Tract 88-3. Eastlake Greens which contains an
unfulfilled condition of approval relevant to Ventana; and. -
WHEREAS. the developer has executed a Supplemental Subdivision Improvement
Agreement to satisfy the following conditions:
1. Tentative Map Condition of Approval "0" which requires the developer to
comply with all unfulfilled conditions of approval of the Eastlake Greens
Tentative Map. Chula Vista Tract 88.3 established by Resolution No. 15200.
and amended by Resolution 17618. and to remain in compliance with end
implement the terms. conditions and provisions of Eastlake Greens Sectional
'Planning Area. Eastlake Greens Planned Community District Regulations. the
Eastlake Greens Development Agreement. the Water Conservation Plan and the
Air Quality Plan. Design Guidelines and the Public Facilities Financing Plan.
2. Condition 12 which requires the developer to enter into an agreement whereby
the developer agrees that the City may withhold building permits for any units
in the subject subdivision if regional development and traffic threshold limits
have been reached. and if the required public facilities. as identified in the PFFP
have not been completed to the satisfaction of the City.
3. Condition 13 which requires the developer to agree to indemnify and hold
harmless the City from any claims. actions or proceedings against the City to
attack. set aside. void or annul any approval by the City with regard to the
subject subdivision.
4. Condition 14 which requires the developer to agree to hold the City harmless
from any liability for erosion. siltation. or increased flow of dr"inage resulting
from the subject subdivision.
~~-J5'
Resolution No. 17815
Page 2
.
.
5. Condition 15 which requires the developer to agree to insure that all franchised
cable television companies lire permitted equal opportunity to place conduit and
provide cable television service to each lot within the subject subdivision.
6. Condition 31(c) from Resolution 15200 which requires developer to linter into
an agreement not to protest formation of an asses~ment district for the
construction of street improvements to connect Orange Avenue and Palomar
Street to existing improvements to the west. .
NOW. THEREFORE. BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve the Supplemental Subdivision Improvement Agreement requiring Developer
to comply with certain unfilled conditions of Resolution Nos. 17774 and 15200 approving a
tentative Subdivision Map for Parcel R-20. known es Ventana. known as document number
C095-o25. a copy of which is 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 of the City of Chula
Vista.
Presented by
as to form by
, )
~_ M. .,,,..,;
City Attorney
~/t;;-
-I6hn P. Li~pitt ~
Director of Public Works
. .
~-Jb
C(L
.
e
Resolution No. 17815
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 21st day of March, 1995, by the following vote: .
YES: Council members:
Fox, Moot, Padilla, Rindone, Horton
NOES: Counci!.nembers:
None
ABSENT: Council members:
None
ABSTAIN: Councilmembers:
None
.dI:.'
ATTEST:
~ ~ {2;Jfo(;.i
Beverly A. Authelet, City Clerk
STATE. OF CALIFORNIA I
COUNTY OF SAN DIEGO I ss.
CITY OF CHULA VISTA I
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No.1 7815 was duly passed. approved, and adopted by the City
Council at a meeting of the Chula Vista City Council held on the 21st day of March, 1995.
Executed this 21st day of March, 1995.
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07/31/1995 16:64
&19G915171 CITY OF CHULA VISTA
E!-x hi. 10 I + r:-
THE CfrY OF CHUU nSTA PARTY DISCLOSURE STATEMENT
PAGE 02
Statement of disclosure of certain ownership interests, payments. or Campaign contributions. on all mal'
which will require discrelionlll)' aClion on the plIrt or the City Council, Planlling Commission, and aU 01
official bodies. The following InformatiolllnUit be disclosed:
1. US! tbe names of all persons having a finaneial interest in the contract, i.e., contrac:
subcontractor, material supplier.
Eastlake Development Co.
Ventanas - Chula Vista, ~.P.
-
2. If any penon identified pursuant to (1) above Is a corporation or partnersllip, list the names Of
individuals owning more than 10% of the shares In tbe corporation or owning Iny partnen:
interest in the partnership.
3. If any person Identified pursuant to (1) above is non-profit organization or a trust, list the nar:
of any person serving as director of the non-profit organization or as trustee or beneficiary
trustor of the trust.
( <C.
Have you had more than $250 worth Dr business tran$a~ted wilh any member of the City 51:
Boards, Commissions. Committees and Council Within the pasl twelve months? Yes_
No...!... If yes, please indicate person(s):
5. Please Identify each and eveI)' person, Including all)' agents, employees, consultants or Independ,
contractors who you bave assigned to represent you before the City in tltis malter.
Brehm Communities ~ Scot Sandstrom & Jack Hepwotth
~ R.~ n - R~n~y ~Afinn
6. Have YOII and/or your offlcers or agents, in the RRregate, contn'buted more than '$],000 to
Councilmember in the current or preceding election period? Yes _ No..J!.. fryes. state whi'
Councilmember(s):
lm!l!l is deClne4l5: ~ illdMdu(lI,Jlm~ clrponMI1h/p.Joillt vt1IlII"'. tlllOCil/liI1II, _inJ c41b./rIImrttr1 OtJtutizat/(JIJ. corporMc
~J""I". '"111, reccl,.tr. rylldictllt, thll /Jlld I/IIY {)Iltt, COllIII)I. city alld CDUIIJ,.,. c;O'. mUIlit/ptl/4y. 4JIlriCI t1r fJlJU!r potltlCdl !ll1/rdlViti<',
or .IIQ' olher ",,"p <If Cfmlbit!ntIDllI1r1inl /111/1111;1.'
(NOTE: Atlllcll addhlollll palles as nccc$$a'1)
Date: ~ '9'. 9~
~
1.\.11 \.\Dl~CLOSI!.nil1
~~~k A ~.pw~~+h
Print or type name of cQntractorJappliCllnl
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RECORDING REQUESTED-BY, AND
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No traIlIfer laX II due U IbII II . CODveyaDCe to .
publi, aceD'>, of.... lbaD . fee lalemt for 'loti,b DO
cull OOtIIideratioD Ilu lleeII paid or received.
Declarant
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SUPPLEMENI'AL SUBDMSION IMPROVEMENT AGREEMENI'
VENTANA AT EASTLAKE SOUlll GREENS UNIT 20
THIS SUPPLEMENT ALSUBDMSJONIMPROVEMENT AGREEMENT ("Agreement")
is made and entered into this day of , 1995. by and between
VENTANAS-CHULA VISTA, L.P., . California limited partnership ("Subdivider" or
'Developer"), and the CITY OF CHULA VISTA, . California municipal corporation ("City") with
reference to the facts set forth below, which recitals constitute a part of this Agreement:
A. This Agreement concerns and affects certain real p.operty located in Chula Vista,
California, more particularly described on Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is part of. project commonly known as Eastlake Greens ("Project").
B. The City bas approved a Tentative Subdivision Map commonly referred to as
Ventana at East1alcc South Greens Unit 20, Chula Vista Tract No. 9S-03 rTentative Subdivision
Map") for the subdivision of the Project
C. The City bas adopted Resolution No. 17774 rResolution') pursuant to which it bas
approved the Tentative Subdivision Map IUbject to certain conditions as more particularly
described in the Resolution. The City has also previously adopted Resolution No. 15200
approvin& Tentative Map 88-3, Eastlake OIeens, which contains an unfulfilled condition of
approval relevant to this project. The description of the conditions in this recitalleclion of this
Agreement is intended only to IU1IImarize and paraphrase IUch conditions in the Resolution, and
is not intended to modify or explain them, and is not intended as. basis for inlely.etina them.
. D. Subdivider is ready to file a final map for the Plu!""l)' (the 'Final Map') and by
this Agreement will satisfy. number of conditions of the Resolution required to be satisfied prior
to the fi1ina of the Final Map.
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E. Item .D" of Resolution No. In74 requires Developer to · implement previously
adopted conditions of approval pertinent to project.
Unless otherwise conditioned, developer shall comply with all unfulfilled conditions of
approval of the Eastlake Greens Tentative Map, Chula Vista Tract 88-3 established by
Resolution No. 15200 approved by Council on July 18, 1989, and amended by
Resolution 17618 approved by Council on August 16, 1994, and sha11 remain in complianet.
with and implement the t.erms, conditions and provisions of Eastlake Greens Sectional
Planning Ana, Eastlake Greens Planned Community District RCiulations, the Eastlake
Greens Development Agreement, the Water Conservation plan and the Air Quality Plan,
Design Guidelines and the Public Facilities Financing Plan.. .
F. Condition No. 12 of Resolution No. In74 requires Subdivider, prior to the
approval of the fint Final Map, to .enter into an apeement with the City whereby:
a. The Developer agrees that the City may withhold building permits for any
units in the subject subdivision if anyone of the following occurs:
(I) Regional development threshold limits act by the East Chula Vista
Transportation Phasing Plan have been reached.
(2) Traffic volumes, levels of service, public utilities and/or services
exceed the adopted City threshold standards.
b. The Developer agrees that the City may withhold building permits for any
of the proposed development if the required public facilities, as identified in the
Public Facilities Financing Plan (pFFP) or as amended or otherwise conditioned,
o have Dot been completed or constnIcted to the .ric'aetion of the City. The
Developer may propose changes in the timing and lequcncing of development and
the construction of improvements affected. In auch case, the PFFP may be
amended as approved by the Planning Director and City Engineer..
G. Condition No. 13 of Resolution No. In74 requires the Subdivider,prior to
...yrova1 of the fint Final Map, to · Agree to defend, indemnify and hold harmless the City and
its agents, officers and employees, from any claim,lCtion or proceeding against the City, or its
agents, officers or employees to attaCk, let aside, void or annul any approval by the City,
including approval by its Plannin& Commission, City Council or any approval by its agents,
officers or employees with rqud to this subdivision pursuant to Section 66499.37 of the Map Act,
provided the City promptly notifies the Subdivider of any claim, lCtion or pooee<li'lg and on the
further condition that the City fully cooperates in the defwe. ·
H. Condition No. 14 of ResolUtion No. In74 requires the Subdivider, prior to
....i" oval of the first Final Nap, to · Agree to hold the City harmless from any liability for erosion,
ailtation or increase now of dBinage JeSUlting from the Project..
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I. Condition No. 15 of Resolution No. Im4 requires the Subdivider to "Agree to
insure that all franchised cable television companies ("cable company") are permitted equal
opportunity to place cOnduit and provide cable television service to each lot within the
lubdivision", and to "Restrict access to the conduit to only those franchised cable television
companies who are, and remain in compliance with, all the terms and conditions of the franchise
and which are in further compliance with all other rules, regulatiol:s, ordinances and procedures
regulating and affecting the operation of cable television companies as the same may have been,
or may from time to time be, issued by the City of Chula Vista."
J. Condition No. 13(c) of Resolution No. 15200 requires Developer to" enter into an
agreement wherein he agrees to not protest formation of an assessment district for the construction
of street improvements to connect Oran&e Avenue and Palomar Street to existin& improvements
to the west of the subject property and to not protest inclusion of the subject improvements as
projects in the Eastern Territories Development Impact Fee system."
X. There are certain other unperformed and unfulfilled conditions of said Tentative
Subdivision Map.
L. The City is willin&, on the premises, leCurity, 1mns and conditions herein
contained, to approve the Final Maps as being in substantial conformance with the Tentative
Subdivision Map.
NOW, THEREFORE, in exchange for the mutual covenants, 1mnS and conditions herein
contained, the parties agree as let forth below.
1. ~f"!t!ment Runs with the Land. The burden of the covenants contained
in this Agreement ("Burden") is for the benefit of the Property. The Burden
. touches and concerns the property. It is the intent of the parties and the parties
agree, that this covenant sha1l be bindin& upon, and run with, the ownership of the
land which it burdens. The Burden of this Agreement sha1l be released from title,
of any individual lot within the Project upon ale of such lot improv~ with a
residence. However, as to any Jots which have not been released, the Burden of
this Agreement shall continue to encumber such lots and sha1l be bindin& upon, and
run with, the ownership of such lots until such lots are released. The City may
refuse to issue BulJdin& Permits for any such unreleased lots while Developer is in
breach of any 1mnS or conditions of this Agreement or the Tentative Map. If
requested by Subdivider, the City sha1l execute a quitclaim releasin& the Burden of
this Agreement, from the title to any such lots.
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a. Subdivider ReJ.llCe on Cued Builder A<<lrnments. If subdivider
assigns any portion of &he Project, Subdivider shall have &he right to obtain
a release of any of Subdivider's obligations under this Agreement, provided
Subdivider obtains &he prior written consent of &he City to IUch release.
Such assignment Ihall, however, be subject to this Agreement and the
Burden of this Agreement ahall remain a covenant running w:&h the land.
The City shall not withhold its consent to any such request for a release so
long as &he assignee acknowledges that the Burden of &he Agreement runs
with the land, assumes the obligations of the Subdivider under the
Agreement, and demonstrates, to the reasonable satisfaction of the City, its
ability to perform its obligations under this Agreement as it relates to &he
portion of the Project which is being acquired by the Assignee.
b. Partl.l Relyw or Subdivider's AmR'llees. If Subdivider assigns
any portion of the Project subject to the Burden of this Agreement, upon
request by the Subdivider orits assignee, the City shall release the assignee
of the Burden of this Agreement as to such assigned portion if such portion
has complied with the requirements of this Agreement and such partial
release will Dot jeopardize, in the opinion of the City, the likelihood that the
remainder of the Burden will not be completed.
2. Apft@ment A.DDli~ble to SubseQuent Owners.
a. Air eement BlDdlDl UPOD SucceaOI'S. 'Ibis Ap'eemeIlt ahall be
binding upon and inure to the benefit of &he successors, assigns and interests
of &he parties as to any or 111 of the Pl Clpert)' until released by the mutual
consent of the parties.
b. A.naneDt Runs with the LaDd. The burden or the covenants
contained in this Agreement ("Burden") is for the benefit of the Property.
The Burden touches and concems the p..,)lerty. It is the intent of the
-parties, and the parties agree, that this covenant shall be binding upon, and
run with, the ownership of the land which it burdens.
,
3. Jmplement ~vlou!lly AdQpted CondltlolUi Dr Apnroval Pertinent to
JD1m. Unless otherwise conditioned, developer shall comply with all unfulfilled
conditions of approval of the East1ake Greens Tentative Map, Cbula Vista
Tract 88-3 es1ablished by Itaolution No. 15200 *t>aAO~ed by Council on
July 18, 1989, and amended by IteJotution 17618 lIt'yroved by Council on
August 16, 1994, and Ihall remain in compliance with and implement the terms,
conditions and provisions of East1ake Greens Seclional Planning Area, Eastlake
Greens Planned Community District lte&u1ations, the 1:.utl.b Greens Development
Agreement, the Water Conservation Plan and the Air Quality Plan, Design
Guidelines and the Public Facilities Financing Plan.
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4. A~ment Not To Protest Fonn.flon or Ane!m1lent District. Developer
shall -enter into an qreement wherein he agrees 10 not protest formation of an
assessment district for the construction of street improvements to connect Orange
Avenue and Palomar Street to existing improvements to the west of the subject
property and to not protest inclusion of the subject improvements IS projects in the
Eastern Territories Development Impact Fee system.
5. Condition No. 12 or Resolution 1'7'7'74 . Pennlts Not to lmJe 'Whlle
Thresll;;ld nenclent or PFFP Facilities Not Comolefed. In satisfaction of
Condition No. 12, Subdivider qrecs IS follows:
a. The City bas the rliht 10 withhold buDding permits for any dwelling
units on the ~operty at such time IS anyone of the following occur:
1. Regional development threshold limits set by the East Chula
Vista Transportation Pbasing Plan have been reached; or,
2. Traffic volumes, levels of service, public utilities and/or
services exceed the threshold standards in the Idopted City ~reshold
standards.
b. The City bas the right 10 withhold buDding permits if the required
public facilities, IS identified in the PFFP or as amended or otherwise
conditioned have not been completed or constnlCted to the satisfaction of the
City. The Subdivider may propose changes in the timing and sequencing of
development and the construction or improvements affected. In such case,
the PFFP may be amended as approved by the Planning Director and City
Engineer.
6. ~ondltlon No. 1~ or Resolution 1'777~on AnnronllPdemnl,U.
In satisfaction of Condition No. 13 of the Resolution, Subdivider qrecs 10 defend,
indemnify and bold harmless the City and its lIents, officers and employees, from
any claim, action or proceeding qainst the City, or its qents, officers or
employees to attack, set aside, void or annul any approval by the City, including
approval by its Planning Commission, City Councl1 or any approval by its qents,
officers or emplo)'llC$ with regard to this subdivision provided the City promptly
lIotifies the Subdivider of any claim, action or pr<<ecdi"l and on the further
condition that the City fully cooperates in the defense.
7. pftndltlon ~ft.. t(,g[R80\ulJmL17774 _-JrMIDn.. 111t.flon .nlt Draln..e
)J1demnlty. JD atisfaction of Condition No. 14 of the Resolution, Subdivider
&peeS that, on the condition that the City Iha11 promptly notify the Subdivider of
any claim, action or pro ~ee<Jil\g and on the further condition that the City fully
cooperates in the defense, the Subdivider aha11 defend, indemnify and bold harmless
the City, or its aaents, officers or employees, related to erosion, siltation or
increase flow of drainaae resulting from the Project.
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S. ~ondltlon No. 1~ o( Resolution 17774. Cable Telfvlslon 'FJlcements. In
satisfaction of Condition No. 15 of the Resolution, Subdivider Alrees to permit all
cable television companies franchised by the City equal opportunity to place conduit
to and provide cable television service for each lot or unit within the Project.
Subdivider further agrees to lrant, by license 0: easement, and for the benefit of,
and to be enforceable by, the City, conditional access to cable. television conduit
within the properties situated within the Project only U) those cable television
companies franchised by the City and condition of such crant being that (a) such
8CCtSS is coordinated with Subdivider's construction schedule 10 that it docs not
delay or impede Subdivider', constrUction schedule and does DOt require the
trenches to be reopened to accommodate the placement of such conduits; and (b)
any such cable company is and mnains in compliance with, and promises to remain
in compliance with, the terms and conditions of the franchise and with all oiher
rules, regulations, ordinances and procedures regulatin& and affcctinl the operation
of cable television companies u same may have been, or may from time to time be,
issued by the City. Subdivider hereby conveys to the City the authority to enforce
said grant upon a determination by the City that they have violated the conditions
of the arant.
t. ComDlIanc, with UnfuInlled Conditions. Subdivider agrees to comply
with all the conditions of the Tentative Subdivision Map applicable to the Property
which remain unperformed or unfulfilled at the time of the filing of the Final Maps.
10. Satisfaction of Conditions. The City agrees that the execution of this
Agreement constitutes satisfaction of Developer', obligation of
Conditions 12 (a and b), 13, 14 and 15 of Resolution 17774 and Condition 13(c) of
Resolution No. 15200. .
11. Jl~ordln,. nis Azreement, or an abstract hereof prepared by either or
both parties, may be recorded at the option of either party.
12. &fLcrellanMul.
L Notices. Un1esI otherwise provided in this Apecment or by law,
any and all DOtices required or permitted by this Apement or by law to be
ICfVed on or delivered to either party Iba11 be in writin& and Ihall be
deemed duly served, delivered and received when penonally 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 recisfered mail,
return receipt requested, first-class posta&e prepaid, addressed to the Iddress
indicated in this AzreemcnL A party may chanle such addless for the
putposc of this para&raph by aMn& written DOtice of such change to the
other party. JlacsimUe transmission sba11 constitute personal delivery. .
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City: THE CITY OF CHULA VISTA
276 Founh Avenue
Chula Vista, California 92010
Attn: Director of Public Works
Subdivider: VENTANAS-CHULA VISTA, L.P.
. California limited partnership ,
16830 Ventura Boulevard, Suite 352
Enclno, California 91436
Attn: Richard O. Werner, Chief Executive Officer
A party may change such address for the putpOse of this paragraph
by living written notice of such change to the other party in the manner provided in this
paragraph. Facsimile transmission shall constitute personal delivery.
b. Captions. Captions in this Agreement are inserted for convenience
of reference and do not defme, describe or limit the scope or intent of this
Agreement or any of its terms.
c. Eotlre AlfHmeDt. This Agreement contains the entire agreement
between the parties regarding the subject matter hereOf. Any prior oral or
written representations, agreements, understandings and statements shall be
of no force and effect. This Agreement is not intended to supersede or
amend any other agreement between the parties unless expressly noted.
d. PreparatloD or A&reemeDt. No inference, assumption or
presumption shall be drawn from the fact that . party or his attorney
prepared or drafted this Agreement. It shall be conclusively presumed that
both parties participated equally in the preparation and cIlafting of this
Agreement.
e. Recitals; Exhibits. Any recitals set forth above are incorporated by
reference into this Agreement.
f. Attoraey'. Fees. In the event of any dispute arising out of this
Agreement, the prevailing party in any action shall be entitled to reasonable
attorney's fees in addition to any other costs, damages or remedies.
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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
VENTANAS-CHULA VISTA, LP.,
. California limited partnership
Shirley A. Horton, Mayor
By: VentanaS.C~ula Vista General Partner, L.P.,
. Calif 01 Ilia limited partnership
General Partner
By:
Auest:
7f~t7
lerk
By: Hearthstone Advisors, Inc.,
. California corporation
Gen~ Partner .
By,G! ~.c...-~ O. L..1) L..-
Richard O. Werner
Chief Executive Officer
Bruce M. Boogaard, City
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EXHIBIT. A.
PROPERTY LEGAL DESCRIPl10N
LOTS 3, 4 AND S OF CHULA VISTA TRACT NO. 88-3A, EASTI.AKE SOUTH GREENS
PHASE 1, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 13180, f1LED IN THE OFFlCE
OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON JANUARY 17, 1995 AS
FIP 9S-0019312.
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
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On 11Mcl-lt , 19';0: before me, f"l t;:k:>RA# IIclc.,.,.-nr-
NolaIy Public in and for said State, personally appeared
Il, (;.(.4 tit 0 D. w 1!!7bIJ~ ,
,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in hislher/their authorized c:apacity(ies), and that by hislher/their signature(s)
on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed
die instrument.
WITNESS my hand and official seal.
D.borah HolstlClt
Com.., .'007112
OTIII'r1l'Ul4.C .CAL.1IIIOMrw
twtlN COUNTY 0
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Signature AhJ-. ~ -&dI-
(Seal)
ST ATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On , 19_. before me,
Notary Public in and for said State, personally appeared
,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in hislher/their authorized capaclty(ies), and that by hislher/their signature(s)
on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed
die instrumenL
WITNESS my hand and official leal.
Sipature
(Seal)
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RECORDING REQuEsTED BY, AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CHULA VISTA
270 Fourth Avenue
CbuIa Vista, CA 91910
No tnIlIfcr lax Is due U lbil Is . _veyuee to .
public qcllC)' or leu .... . r.e ill..,.. for Mic" DO
..m -.ilklntioll" IIeeD paid Of _ivad.
Declarant
EXH-/(3IT H
SUBDMSION IMPROVEMENT AGREEMENT
VENTANA AT EAS1LAKE SOUTH GREENS UNIT 20
THIS SUBDMSIONIMPROVEMENT AGREEMENT (. Agreement.) is made and entered .
into this _ clay of , 1995, by and between VENTANAS-CHtJLA VISTA, L.P.,
a California limited partnership, 16830 Ventura Boulevard, Suite 352, Enano, California 91436
(.Subdivider"), and the CITY OF CHULA VISTA, a California municipal corporation ("City")
with reference to the foUow1ng facts:
A. The City Council of the City, on December 20, 1994, approved Resolution
No. 17774 (the .Resolution.), approving a tentative map of QuIa Vista Tract 95-03, a proposed
subdivision known as Ventana at Eastlake South Greens Unit 20 (the "Subdivision"), subject to
certain requiremenu and conditions.
B. The Code provides that before a final subdivision map is finally IfIproved by the
City Council of the City, a subdivider must have either installed and completed all of the public
improvemenu and land development work required by the Code to be installed in subdivisions
before final maps of subdivisions are approved by the City Council for the purpose of recording
in the Office of the County Recorder of San Diqo County, or, as an alternative, the subdivider
abal1 enter into an apeement with the City, tecured by an approved improvement ItcUrlty to insure
the performance of the work pursuant to the requiremenu ofntle 18 of the QuIa Vista Municipal
Code, qreeing to install and complete, flee of liens at Subdivider', own expense, all of the public
improvemenu and land development work required in the subdivision within a definite period of
time prescribed by the City Council.
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C. Complete plans and specifications for the construction, installation and completion
of the Improvement Work have. been prepared and submitted CD the City Engineer. The
Improvement Work consists of the following public improvement project:
City File No. EY406 (Ventana at Eastlake South Greens Unit 20) as shown on
Drawing Nos. 94-470 through 94-476 inclusive, on file in the office of the City Engineer.
D. An estimate of the cost of constructing the Project according to the plans and
specifications has been submitted and approved by the City in the amount of $974,000.
NOW, 1lIEREFORE, TIlE PAR'I1ES AGREE AS FOUOWS:
1. Subdivider, for itself and its successors in intereSt, an obligation the burden of which
encumbers and runs with the land, qree5 to comply with aU of the t.emlS, conditions and
Jequirements of the tentative map ICSOlution, and CD do and perform or cause CD be done and
performed, at its own expense, without cost CD the City, in a good and workmanlike manner, under
the direction and CD the satisfaction and approval of the City Engineer, aU of the Improvement
Work Jequired CD be done in COMection with the Final Map in and adjoining the Subdivision, and
will furnish the necessary materials for the Improvement Work, aU in strict conformity and in
accordance with the plans and specifications, which documents bave been filed in the office of the
City Engineer and are incorporated by this reference in this Agreement. .
2. 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 bave not been installed.
3. Subdivider will cause aU necessary materials CD be furnished and aU Improvement
Work Jequircd under the provisions of this Agreement CD be done on or before the third
anniversary date of City Council approval of this Agreement.
4. Subdivider will perform the Improvement Work as let forth above, or that portion
of the Improvement Work serving any buildings or structureS ready for occupancy in the
Subdivision, prior CD the issuance of any certificate of dearance for utility COMections for the
buildings or structures in the Subdivision, and such certificate shaD not be issued until the City
Engineer has certified in writing the completion of the Improvement Work or the portion thereof
ICfving the buildings or structureS approved by the City; provided, however, that the improvement
JeCUrity shall Dot be Jequired CD cover the provisions of this parl&flPh.
5. In the performance of the Ilklp1'6.e1llerlt Work, Subdivider will conform CD and abide
by aU of the provisions of the ordinanceS of the City and the laws of the State of California
applicable to such work.
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6. Subdivider agrees to furnish and deliver to the City, simultaneously with the
execution of this Agreement, an approved improvement security from a sufficient surety, whose
sufficiency has been approved by the City, in the sum of four Hundred Eighty-Seven Thousand
Dollars ($487,000) to secure the faithful performance of the respective Project and is attached as
f,xhibit -A-.
? Subdivider qrees to furnish and deher to the City, simultaneously with the
execution of this Agreement, an approved improvement security from a sufficient surety, whose
IIIfficiency has been approved by the City, in the sum of Four Hundred Eighty-Seven Thousand
Dollars ($487,000) to secure the payment of material and labor in cOnnection with the installation .
of the respective Project by Subdivider and is attaehed as Elhibit .B".
I
8. Subdivider agrees to furnish and deliver to the City, simultaneously with the
execution of this A&recment, an approved improvement security from a sufficient surety, whose
sufficiency has been approved by the City, in the sum of Twenty-one Thousand Dollars ($21,000)
to secure the installation of monuments, which security is attaehed as Exhibit .C".
9. Upon certification of completion of the Project by the City Enpecr and acceptance
of the work by the City, and after certification by the Director of Finance that all costs of the work
are fully paid, the whole amount of the improvement security for the Project, or any part thereof
IIOt required for payment of the costs of the work, sball be re1ea~ to Subdivider or its suc:crlSors
in intereSt, pursuant to the terms of the improvement security. -
10. If the work on the Project is not completed within the time specified, the sums
provided by the improvement securities for the Project may be used by the City for completion of
the Project in accordance with such specifications contained or referred to in this Aarecment.
Subdivider agrees to pay to the City any shortfall between the total costs incurred to perform the
work, including design and administfttion of construction (mcluding a reasonable allocation for
overhead) and any proceeds from the improvement security.
U. In no case will the City, or any department, board of officer thereof, be liable for
any portion of the costs and expenses of the Improvement Work, Dot abal1 any officer, hisfher
sureties or bondspersonS, be liable for the payment of any sum or sums for such work or any
Jnaterials furnished for the work, except to the limits established by the approved improvement
lecllrity in accordance with the requirements of the state Subdivision Nap Act and the provisions
ofntle 18 of the Code.
12. Any engineering costs (mc1uding plan checking, inspection, materials furnished and
other incidental expenses) incumd by the City in connection with the approval of the Improvement
Work, plans and installation of the Improvement Work, and the costs of any Itrecl signs and street
trees as required by the City and ayproved by the City En&inecr, IbalI be paid by Subdivider, and
that Subdivider Ibal1 deposit with the City, prior to recordation of the final Nap, a sum of money
sufficient to cover such costs. .
.
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13. Vntilluch time as all work on a Project is fully completed and accepted by the Chy,
Subdivider will be responsible for the care and maintenance of, and any damage to, the Project .
improvements. It is further understood and qreed that Subdivider shall.uarantce all public
improvements for a period of one (1) year from the date of final acceptance and correct any and
all defects or deficiencies arising during such period as a result of the act or omission of
Subdivider, its agents or employees, in the performance of this Agreement, and that upon
acceptance of the work by the City, Subdivider shalllf8Jlt to the City, by appropria': conveyance,
the public improvements constructed pursuant to this Agreement; provided, however, that
acceptance by City shall not constitute a waiver of defects. .
14. City, as indemnitee, or any officer or employee thereof, shall not be liable for any
injury to person or ploperty occasioned by reason of the act or omission of Subdivider, its agents
or employees, ldated to this Agreement. Subdivider further agrees to protect and bold the City,
its officers and employees, hannless 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, ldated 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 hannless shall elttend to damages to adjacent or downstream plV~es or the
taking of property from owners of such adjacent or downstream I"operties as a result of the
construction of the Subdivision and the public improvements as provided in this Agreement. 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
ftSpOnsibility for such damage or taking. nor shall the City, by such approval, be an insurer or
surety for the construction of the Subdivision pursuant to approved improvement plans. The
provisions of this paragraph shall become effective upon the eltecution of this Agreement and shall
remain in full force and effect for ten (10) years following acceptance by the City of the
improvements.
IS. Subdivider agrees to defend, indemnify and hold hannless the City, its agents.
officers and employees, from any claim, action or pI()Ce"tIilli against the City, or its agents,
officers or employees, to attaek, let aside, void or annul an approval of the City, advisory agency,
appeals board or leiislative body concerning a subdivider, which action is brought within the time
period provided for in 166499.37 of the 'California GoVERNMENT CODE.
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16. Arreement Runs with the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property. The Burden souches and concerns the
property. It is the intent of the parties and the parties agree, that this covenant shall be binding
upon, and run with, the ownership of the land which it burdens. The Burden of this Agreement
ahall be released from title, of any individual lot within the Project upon sale of such lot improved
with . residence. However, as to any lots which have not been released, the Burden of this
Agreement shall continue SO encumber such lots and shall be l':nding upon, and Nn with, the
ownership of such lots until such lots are released. The City may refuse SO issue Building Permits
for any such unre1eased lots while Developer is in breach of any terms or conditions of this
Agreement or the Tentative Map. If requested by Subdivider, the City sba1l execute a quitclaim
releasing the Burden of this Agreement, from the title SO any such lots.
a. SlIbdivider Release on Guest Builder Assirnments. If subdivider assigns any
portion of the Project, Subdivider shall have the right SO obtain a release of any of
Subdivider's obligations under this Agreement, provided Subdivider obtains the prior
written consent of the City SO such release. Such assignment shall, however, be subject SO
this Agreement and the Burden of this Agreement shall remain a covenant Nnning with the
land. The City shall not withhold its consent SO 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 Subdivider under the Agreement, and demonstrates, SO the reasonable
satisfaction of the City, its ability SO perform its obligations under this Agreement as it
relates to the portion of the Project which is being acquired by the Assignee.
b. Partial Relea~e of Subdivider's As~i1,"ees. If Subdivider assigns any portion
of the Project subject to the Burden of this Agreement, upon request by the Subdivider or
its assignee, the City shall release the assignee of the Burden of this Agreement as SO such
assigned portion if such portion has complied with the requirements of this Agreement and
such partial release will not jeopardize, in the opinion of the City, the likelihood that the
remainder of the Burden will not be completed.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the date set fonh above.
ATI'EST
W,ICMLIaUllN\EAl'l'lAX2UG\5CIMlOO.1EV
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VENTANAS-CHULA VISTA, L.P.,
. California limited partnership
By:
VentanaS-Chula Vista General Partner, L.P.,
. California limited partnership
General Partner
By: Hearthstone Advisors, Inc.,
. California corporation
General Partner
ByQ:. 0..-90. ~.u~~
Richard O. Werner
Chief Executive Officer
CITY OF CHULA VISTA,
. California municipal corporation
By
Mayor of the City of Chula Vista
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STATE OF CALIFORNIA )
~.!I~IS"D ) ss.
COUNTY OF SAN ~ )
On f71ALCI-(~, 19 VS', before me, JI=1'.D~AH' ~ L~TE e;
Notary Public in and for said State, personally appeared ~, ~ ulHe DO. WIi':% "J02
,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in hislher/their authorized capacity(ies), and that by hislher/their silJUture(s)
on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Deborah Holstedl
Comm. '1CC7182
OTA.h' fi'LJIl.IC. C:Al.IFQIIIN~
IilAAINCOI"Itrn't' (')
CelMl ..'.. Oct 11 '.,. ~
Signature /lJk 11 Id & ttd:l-
(Seal)
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On , 19_. before me,
Notary Public in and for said State, personally appeared
,
.'
.
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) Ware subscribed to the within instrument and acknowledged to me that helshe/they
executed the same in hislher/their authorized capacity(ies), and that by hislher/their si&nature(s)
on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed
tbeinstrument.
WITNESS my hand and official-.
Si&JWW'e
(Seal)
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LIST OF EXHIBITS
Exhibit "CO:
Improvement Security: Faithful performance
Form: Bond
Amount: $487,000
Improvement Security: Material and Labor
Form: Bond
Amount: $487,000
Improvement Security: Monuments
Form: Bond
Amount: $21,000
Exhibit "A":
Exhibit "B":
IS to form and amount by:
Improvement Completion Date:
Three (3) years from date of City CouncU approval of ihe
Subdivision Improvement Agreement.
W:\CIYIL~RMI_200.JEV
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COUNCIL AGENDA STATEMENT
Item
jt}
Meeting Date 8/15/95
ITEM TITLE: Resolution /8'tJt7t? Approving Final Map and Subdivision
Improvement Agreement for Chula Vista Tract 93-03, Telegraph Canyon
Estates Neighborhood 3 Unit 7
SUBMITTED BY: Director of Public W()rt~ ~
REVIEWED BY: City Manage~4 ~, j~\ (4/5ths Vote: Yes_NoX)
() ~/
On January 19, 1993, by Resolution 16960 (Exhibit A), the City Council approved the Tentative
Subdivision Map for Chula Vista Tract 93-03, Telegraph Canyon Estates. The thirteenth final
map for said tentative map is now before Council for approval.
RECOMMENDATION: That Council adopt the resolution approving the final map and the
subdivision improvement agreement for Telegraph Canyon Estates Neighborhood 3 Unit 7.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The project is generally located on the northerly side of Otay Lakes Road and adjacent to the
western side of the proposed alignment for State Route 125. It consists of approximately 112
acres which are proposed to be subdivided into 344 residential lots and open space lots. The
first 12 units of the development, which were previously approved by Council, consisted of a
total of 261 numbered single family residential lots and a total of five (5) lettered lots for open
space and other public purposes totaling approximately 92.3 acres.
The map now before Council for approval represents the third map for Neighborhood 3 of the
development. This map consists of a total of 23 numbered single family lots totaling
approximately 5.04 acres. Approval of the map brings the total number of approved lots for the
development to 284 numbered residential lots and 5 lettered lots for open space and other public
purposes. All conditions of approval applicable to this map have been satisfied.
The final map for Neighborhood 3 Unit 7 of Chula Vista Tract 93-03, Telegraph Canyon Estates
has been reviewed by the Public Works Department and found to be in substantial conformance
with the approved tentative map. Approval of the final map constitutes acceptance on behalf of
the public a portion of Chateau Court and tree planting and maintenance easements all as shown
on the final map.
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RESOLUTION NO.
/ gOtf)~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT 93-03, TELEGRAPH CANYON ESTATES
NEIGHBORHOOD 3 UNIT 7, ACCEPTING ON BEHALF OF
THE PUBLIC THE PUBLIC STREET DEDICATED ON SAID
MAP, AND THE EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
The city Council of the city of Chula vista does hereby
resolve as follows:
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 93-03, TELEGRAPH CANYON ESTATES
NEIGHBORHOOD 3 UNIT 7, and more particularly described as follows:
Being a subdivision of a portion of Southwest Quarter of
section 34, Township 17 South, Range 1 West, San
Bernardino Base and Meridian, in the city of Chula Vista,
County of San Diego, State of California according to Map
thereof No. 166, filed May 11, 1869 in the office of the
County Recorder of said County.
Area: 5.041 acres
Numbered Lots: 23
No. of Lots: 23
Lettered Lots: 0
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public street, to-wit: portions of
Chateau Court (as shown on the final map) and said street is hereby
declared to be a public street and dedicated to the public use.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula vista the easements tendered with
the right of ingress and egress for street tree planting and
maintenance, all as granted and shown on said map within said
subdivision, subject to the conditions set forth thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be, and she is hereby authorized and directed to
endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that said public streets are
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accepted on behalf of the public as heretofore stated and that
those certain easements with the right of ingress and egress for
the construction and maintenance of street tree planting, as
granted thereon and shown on said map within said subdivision is
accepted on behalf of the City of Chula vista as hereinabove
stated.
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of , 199_, for
the completion of improvements in said sUbdivision, a copy of which
is attached hereto and by reference made a part hereof, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and he is hereby authorized and directed to execute
said agreement for and on behalf of the city of Chula vista.
John P. Lippitt, Director of
Public Works
Presented by
C: \ rs\ TCNeigh3. 7
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Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this_day of ,199_, by
and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City",
and BALDWIN BUILDER, a California corporation, 11975 EI Camino Real, Suite 200, San
Diego, CA 92130.
hereinafter called "Subdivider";
.w:IINESSEIH~
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
Telegraph Canyon Estates, Neighborhood 3, Unit 7 pursuant to the provisions of the Subdivision
Map Act of the State of California, and in compliance with the provisions of Title 18 of the
Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map;
and,
WHEREAS, the Code provides that before said map is finally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the public
improvements and/or land development work required by the Code to be installed in subdivisions
before final maps of subdivisions are approved by the Council for purpose of recording in the
Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider
shall enter into an agreement with City, secured by an approved improvement security to insure
the performance of said work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all
of the public improvements and/or land development work required in said subdivision within a
definite period of time prescribed by said Council, and
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WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the public 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. 16960, approved on the 19th
day of January, 1993 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said public improvement work have been prepared and submitted to the City
Engineer, as shown on Drawings Nos.94-20 through 94-01 inclusive, on file in the office of the
City Engineer, and
WHEREAS, an estimate of the cost of constructing said public improvements according
to said plans and specifications has been submitted and approved by the City in the amount of
One Hundred Fifty-Nine Thousand One Hundred Fifty-One Dollars and No Cents ($159,151.00).
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 public
improvement and/or land development work required to be done in and adjoining said
subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict
conformity and in accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by this reference are incorporated
herein and made a part hereof.
2. It is expressly understood and agreed that all monuments have been or will be installed
within thirty (30) days after the completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name signs if permanent street name
signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the third anniversary date of Council approval of the Subdivision
Improvement Agreement.
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4. It is understood and agreed that Subdivider will perform said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said public improvements or the portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security sball not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of Seventy-Nine
Thousand Five Hundred Sixty-Seven Dollars and No Cents ($79,567.00) which security shall
guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked
Exhibit" A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the City of Chula Vista
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of Seventy-Nine
Thousand Five Hundred Sixty-Seven Dollars and No Cents ($79,567.00) to secure the payment
of material and labor in connection with the installation of said public improvements, which
security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as
contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City in the sum of Two Thousand
Five Hundred Dollars and No Cents ($2,500.00) to secure the installation of monuments, which
security is attached hereto, marked Exhibit "CO 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 Dot .required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
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terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds from the improvement
security.
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of fmal acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the public
improvements constructed pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or
omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, harmless from
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property from
owners of such adjacent or downstream properties as a result of the construction of said
subdivision and the public improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow, modification of the velocity of
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the water, erosion or siltation, or the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of plans providing for any or
all of these conditions shall not constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of
the subdivision pursuant to said approved improvement plans. The provisions of this paragraph
shall become effective upon the execution of this agreement and shall remain in full force and
effect for ten (10) years following the acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or armul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
IN WIrnESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
SUBDIVIDER: BALDWIN BUILDERS,
a California Corporation
ATTEST
City Clerk
BY~!~~
V" e President
Mayor of the City ofChula Vista
(Attach Notary Acknowledgment)
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A-~
LT~T OF FXHIBITS
Exhibit. A .
Improvement Security - Faithful Performance
Form: BOND
Amount: $79,567.00
Exhibit "B"
Improvement Security - Material and Labor:
Form: BOND
Amount: $79,567.00
Exhibit .C"
Improvement Security - Monuments:
Form: BOND
Amount: $2,500.00
Securities approved as to form and amount by
4- Ih. ~....Q
City Attorney
Improvement Completion Date:
THREE (3) YEARS FROM DATE OF COUNCIL
APPROVAL OF TIiE SUBDMSION
IMPROVEMENT AGREEMENT
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STATE OF CALIFORNIA
COUNTY OF
SAN DIEOO
}
}ss.
}
On ~/;~h5
personally appeared
, before me,
JOAN crozzo
TDDmY J. O' GRADY
. personally known to me
(01 Pi oved to r\ ,(. 01' tIle!. ba3i3 of 3ati3faetef) 6vieteRse) to be the person(s)-whose name(.) is~
subscribed to the within instrument and acknowledged to me that he/iil:1i/~IH~Y executed the same
in his,!l:1ii~/tl:1iiir authorized capacit~), and that by his/l:1ir,!tl:1iir signatur~ on the instrument the
person(sT or the entity upon behalf of which the personisT acted, executed the instrument.
WITNESS my hand and official seal.
Signature
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(This area for official notarial seal)
Title of Document
Date of Document
Other signatures not acknowledged
No. of Pages
/tJ'i /
3008 (1/94) (General)
First American Title Insurance Company
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Pc.s. '1'.03
e Y?h, ~
RESOLUTION NO. 16960
RESOLUTION OF THE cln COUNCIL Of THE CITY OF CHULA
VISTA APPROVING THE TENTATIVE SUBDIVISION MAP FOR
ULE6RAPH CANYON OTATES. CHU:.A VISTA TRACT 13-03; AND
MAKING THE NECESSARY FINDINGS: READOPTING THE STATEMENT
OF OVERRIDING CONSIDERATIONS AND THE MITI6ATION
MONITORING PROGRAM FOR EIR II-OS
WHEREAS. the property which fs the subject ..tter of this resolution fs
fdentified and describe~ on Chula Vista Tract 13-03. and fs COImOnly known as
Telegraph Canyon (states (.property.); and,
WHEREAS. the 'aldwin Vista Associates. Limited, A California Partnership
(Developer) filed a duly verified aPflication for the subdivision of the Property
fn the fo~ of the tentative subdiv sion ..p known as Telegraph Canyon Estates.
Chula Vista Tract 13-03l with the Planning Oepart.ent of the City of Chula Vista
on September 3D, 1192 ,.project.); and,
WHEREAS. said application requested the approval for the subdivision of
approximately 111.8 acres located on the north side of Olay Lakes Road directly
tast of Otay Lakes Lodge .obile home park and directly south of Eastlake Shores,
east of the easterly te~inus of Gotham Street, fnto 345 residential lots. open
spice arels and one recreation lot; and, .
WHEREAS. the devel~~nt of the Property has been the subject~tter of.
General Development Plan ('6DP') and a Sectional Pllnning Area 'lan ('SPA Plan')
previously approved by the City Council on August 25, 1112 by Resolution No.
16768 wherein the City Council, fn the environmental .valuation of said GDP and
SPA Phn. relied in part on the Telegrlph Clnyon Estltes Seneral OeVllo~nt Plln
and SPA Plan Environmental J~act Report No. 11-03. SCH No. .1071033 ('program
EIR II-OS'). a program environlentll f~act report as 'Iae fs defined in CEQA
Guideline Section 15168; Ind,
WHEREAS. this Project is .. subsequent activity fn the ,rogram of
development .nvironllltnta'ly .valuated under Progr.. EIR '1-05 that is fn
substantial confoT'lllnce fn an rel.vant respects, fncluding lot size. lot
numbers. lot configurations. transportation corridors, .tc., to the project
descriptions in said f,,..r .nvironlental .valuations; and,
WHEREAS. the City [nvirollMntal Review Co.ordinator us reviewed the.
proposed Tentativ. Map and detenained that is fn substantial confo....nce with the
lOP and SPA Plan, the"fo" DO Iltw .nvirollMntal doc...nts a" IlK'SSlry:
IlHEREAS. the Planning C_isston held an advertised ~lic ..aring'on Slid
project In Oec_er 16. ltl2and woted to recCllllltnd that the City Council approve
the Tentative Map in accordance with' the findings and conditions list.d below and
readopted the Stat...nt of Overriding Considerations Imd the Mitigation
Monitoring Program: and.
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T-TE/n #/0
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:solutfon No. 16960
Ige 2
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WHEREAS, the Cfty Councfl set the tf8e Ind ,l.ce for I publfc 'e.rfng on
Ifd tentltive subdfvfsion ..p Ipplic.tion Ind notfce of s.id he.rfng, together
th its purpose, w.s shen liy its public.tfon in . MWSp.per of ,ener.l
irr.lIl1tfon in the City .nd tts ..fling to ,roperty ownen within 1.000 .et of
It exterfor lioundarfer of the property It le.st tin da.Ys ,nor to the Martngi
,d,
..\>>
WHEREAS, the ,ublic .elrfn, .IS 'eld at the tt8e and ,lace IS adverttsed.
uMly 6:00 p..., .J.nulry 12, III 3, in the Council Ch..en, 276 Fourth Avenue,
!fore the City Counctl and Slid public 'e.rtng ..s there.fter closed.
lOW THEREFORE. THE CITY COUNCIL ftnds. detentines and ...solv.s .s follows:
:CTJON I. CEQA Finding... Previously Ea..in.d Eff.cts.
The City Council hereby ffnds th.t the Project, IS a later
activity to thlt .v.lulted in the progra. tlR II-OS, would
h.ve no new .ffects th.t were not .x._ined in the ,...c.ding
Progr.m EJR 91-05 (Gufdelfnes Section 15168 (c)(2)i and.
:mON II.
ECTl~ III.
CEQA Ffndfng ... Project within Scope of Prfor Progr.. EIR.
The City Council 'ereby ffnds th.t U) th.re were no eIl.n,es
in the ,roject from the progr.m EIR whfch would requ re
revisions of slfd reportsi (2) no subst.ntfal ch.nges '.ve
occurred with respect to the circuut.nces UtIder which the
,roject ts undertaken since the previous ...porti (3) .nd no
new information of subst.nti.l 1.,ort.nc. to the ,roJect ..s
liecome av.fl.ble since the issu.nce and approval of the ,nor
reporti and th.t therefore, no fttw .ffects could occur or ftO
ftew .ftfg.tfon 8elSures .ill be required in .dditfon to those
alre.dy tn .xistence and currently ..de a conditfon for
Project i.pltllltnt.tfon (Guidelines Sectfon 15162). tIltrefore,
the City Councfl approves the Project as In .ctiYfty thlt fl
within the Icope of the ,roj.ct covered liy the Progr.. EIR.
and therefore, ftO fttw ...vf,....nt.l _..ntl .... nquf...d
(Guidelin'l 15168(c)(2)). ' .
'e
o.
4.
. Incorporation of All '.asflil. Rftfg.tion ReasUl'lI .nd
Altem.tfves.
The City 'OIl hereby .dopt and incorporat. .....fft II condi-
tions for all approvals hirefft ",ant.d allI1iUs.U...su...1
Ind alt.m.th.I, if lni. ..fch it "s Mt.ntffttd. " the
findings ..d. in thelD' .nd SPA "solution. to be feastlil. tn
the approY.l of the IIneral Dlvel....nt Plan and the SPA Plan.
nlplctiv.l,. .
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/tJ -JY
SECTION IV.
SECTION V.
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Resolution No. 16960
'Ige 3
Notice ~th Later Activiti.s.
The City Council dots lIereby ,he .0Uc~, to the .xtent
req\lired lIy llW, thlt ttlts Project is an activity ~thtn the
scope of the progrl. Ipprov.d .arlier in the IDP and SPA "ln
ResoluUon and the .rogr.. EIR adequltely describes thp
activity for the purposes of CEQA (Guideline 15168 (e)).
Senerll "ln rindings--Confo~nce to the Senerll ''In.
'ursulnt to tovernaent Code Section 66473.5, in the
Subdivision Map Act, finds thlt the tentltive subdivision aap
IS conditioned herein for T.l.grlph Canyon Estltes, Chull
Vistl Trlct No. 13-03, is in conforaanc. ~th III the vlrious
elements of the City's Seneral ''In, the Telegrlph Canyon -
Estltes Generll Development ''In and Sectionll Pllnning Are.
''In IIlsed on the following:
A. Lind Use - The project is a residenUIl COIIIlunity which
provides three lot sizes ringing lIetween 5,6B5 squire
feet and 8.350 squire feet. The project density is
consistent with aidpoint of the Low Medium density
Generll Plln rlnge Ind the approved IDP Ind SPA PliO.
The project is Ilso consistent ~th Senerll "ln Ind SPA
"ln polici.s rellted to grlding Ind llndforms.
Circulltion - All of the on-site and off-site publiC
streets required to serve the subdivision consist of
Circulltion Eltlltnt rolds Ind 10cIl streets in 10CIUons
required by slid El...nt. The developer sh.n constr:uct
those flciliti.s in accordlnce ~th City stlndlrds or
p.y in-li.u fees in Iccordlnce ~th the T,'.grlph Clnyon
Estltes 'ublic Flcilities Finlncing ''In.
C. Housing - the d.v.loper il required to .nter into In
agre..nt ~th the City to provide and illpl...nt a low
and IlOderlt. illcOllt prollra. off-sit. of the project or
an in-li.u contrtllution prior to the approvIl of the
Finll IIIp.
D. Conl.rvlUon and Open Spice - TItt ,roj.ct provides
approd..t.ly 26 acres of .,.n Ipac., 23' of the totll
111.8 acns. Irldinllus Men fait.d on st.ep
hillsides and ,rldinll ,lalt approvIl will require the
rev'lIetaUon 0 slopes In ..tural "lIetation.
'IrkS and R.crelUon - TItt proj.ct ~ll provide 0.7 and
1.5 acre privlt. proj.ct recreation areas and the
"1Mnt of full 'AD f..s. In addiUon. a public trail
Iyst.. ~ll .. provid.d withill the project.
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B.
E.
,lution No. 16'60
! 4
F.
Seismic Safety - 10 leil.ic flults 'Ive "en identified
in the yic~nity of the property. .
Public Safety - All ,ubllC Ind privlte flciUtl.s will
be relchable within the threshold response ti..s for
fire Ind police lervlces.
Public Flcilitles - The developer will ,rovide III on-
lite Ind off-site Itreets, lewers Ind .Iter flcllltl.s
.ecesslry to lerve this ,roject.
loise _ Tht project .nl include noise Itt.nuatlon .Ills
IS require~ .y In Icoustic Itudy dated ~une za, 1"1
prepared for the project. In Idditlon, III units Ire
required to ...t the stlndards of the USC with regard to
Icceptlble interior noise levels.
Scenic Highway - The roldway design ,rovides wide
landscaped buffers Ilong Telegraph Clnyon Road, I scenic
highway. The development .dge .ill .e required to be
enhanced consistent .ith Icenic highway policy.
Bicycle Routes - Bicycle paths Ire provided within the
project Ind Otay Likes Road has .een designed to provide
.icycle lines.
Public Bui11ings - While no public .uilding sites Ire
required of the subdivision, the project is subject to ~
RCT Ind 01, f.es.
5.
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CTlON VI.
Subdivision Map Act Findings.
A. 'allnce of Housing leeds Ind Public Service leeds.
Pursuant to Section 66412.3 of the Subdivilion Map Act,
the Council certifies that it 'IS considered the eff.ct
of this IpprovIl on the businl Mlds of the reltOll Ind
lias "allnced those Meds Ilalnst the ,ubUc Itrvlce
..eds of ~he rest dents of tbe City and the IVlilable
fhcIl Ind envirollMntll resources. The .vel.,.nt
will provide for I yari.ly .f Itngle f.n, detlched
....s Ind will ,rovtde for ,. and .derlte ,riced
'oustnl off-sfte of tilt project conshtent with re,fonll
lOlls.
I. Opportunities for ..turll "'Itinl and Cooltnl
Incorporlted. .
The confi,urltfon, orientation and topolrlphy .f the
site partfl11y l110ws for the opti_ sitinl of lots for
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SECTION VII.
(
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Resolution No. 16960
.age 5
passive or natural heating and cooling opportunities as
required lIy SoverMtnt Code Section 66473.1.
C. .Finding re Suitabilitl for Residential Development.
The site is ,hysica", suitable for residential
development and the propos., confo,.s to all st.ndards
.stablished b1 the Cit1 for such projects.
Conditional Approv., of T.nt.tive Subdivision Map.
A. Chula Vistl Tract 13-03 Tentltive Map is hereby
.pproved, subject t~ the following conditions, and on
occurrence of the following conditions, the City will
approve and authorize the recording of the Final Hap for
the territory covered by s.id Tentlthe Map (unless
otherwise speCified. all Conditions and Code Require-
.nts shall be fully cOlllpleted to the Cit1's
satisfaction for .ach unit or ,hase ,rior to the
approv.' of the corresponding Final Map. Unless
otherwise specified. ededic.te. .ans ,rlnt the
approprilte ..sement. rlther thin fee title):
B. The developer shill: .
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1.
2.
Inst.ll publiC facilities in accord.nce with the
'ublic 'acilities Fin.ncing "an (PFrp) as
...nded Dr as required b1 tile City Engineer to
.et threshold standlrds adopted by the Cit1 of
thul. Vista. In addition. the sequence in which
i.,rovtltnts are constructed sh.ll correspond to
any future East thula Vistl Trlnsportltion
PhlSing ".n as ..y be ..nded in accordlnce with
the fin.' HNTB SR-125 Finlncing Study adopted b1
the Cit1. The tity Engineer and 'llnning
Director ",. at their discretion. IIOdif1 the
sequence of i.,rovtltnt construction should
conditions ch.nge to .arrant such a revision.
(Engineerin,]
....p.re. ..it and _tain approval of a
DtvtloJllllnt PhlSing "an ., tile titl Engineer and
tile Director of "anning prior to tile approval of
any Ftnal Map. said Phasing Plan to .. consistent
with tile PFFP. I.,rovtltnts. facilities and
.dic.Uons to .. provided with ..ch phlSe or
lIIIit ,f dtvellJllllnt Ih.n .. as detenained bl the
titl Engineer and the Director. of "anning. The
titl nserves tile "rllt to condition approvll of
/tJ~/7 ~
solution No. 16960
it 6
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.Ich finll ..p with the requiretHnt to ,rovide
said t~rov...nt facilities and/or dedicltions.
The City Engineer and Pll~ning Director ..y, at
their dilc'" don, 8Odif)' the sequence of
fllprovtlllnt constructfon should conditions change
to .arrant such .a revision. {En,fne,rfn,.
'ZlInnfn,]
3. The aitfgation ..lSures required before Final IIIp
Ipproval by the Finll EnvirollMnUl I~act Report
for Telegrlph Clnyon Estates (FElR) '1-05 Ire
IIereby tncorporlted fnto this Resolutfon by
reference. Any such .Isures not Sltilfied by I
.specific condition of this Resolution or .y the
,roject design shill be t~le..nted to the
sltisflction of the Director of Pllnning.
Mitigltion .Isures shill be ~nitored yil the
MiUgaUon Monitoring Progrlm approved tn
conjunction with the FEJR. ModifiCltion of the
sequence of aitigation shall be It the discretion
of the Director of Pllnning should changes tn
circumstlnces wlrrant such revilion. ('lllnnfn,]
.
4. Unless oth.rwile conditfoned, cOlllpl)' with, ftIIIin
1n complilnce with, Ind t~lement, the tenDs,
conditions and ,rovisions of the Telegrlph Clnyon
Estltes 'enerl~ Development Plln, Sectionll
Pllnning Arel Plln, IIIster Plln of Reclliaed
Wlter, Wlter Conservltion Plln, Air Qullity
I~rov...nt Plan Ind the Public Flcilities
Finlncing Plln Ipproved by the Council (.Plans.)
IS Ire Ippliclble to the ,roperty which is the
subject ..tter of this Tentltive IIIp, ,rior to
IpprovIl of an)' Finll IIIp. or shill hive .ntered
fnto In Igretlltnt with the Cit)', ,roviding the
City with such s.c~rity (tncluding recordltion of
covenlnts ~ning with the 'Ind). and
. f~ltlllntatfon ,roc.dures IS the City '"
require, Issuring thlt, Ifter l~provIl of III
ftnll IIIps, the .veloper Ihlll conttnue to
cOlllPl)' with. .....in fn c.pltlnc. with, Ind
f~l_nt luch Plans. {'ZInInfn,. .""fM,rfn,]
o
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JtNetl. ~.v ."U_NV_ftts
I.
Proytde securtty f. Iccordance with CIII,tu 11.11
of tht Ilunict'll Code, .dicate and construct
full Itreet faproy_nts for III fUblic streets
Ihown Oft tht T.ntlttyt IIIp within tht subdiYilion
Mllftdll'1 IS required for .Ich unit or ,hlst.
Said faproytMntl Ihln tIIclude, "'t lICIt be
Ua1ttd to, u,hllt COftcrete pI.tMnt, Hie,
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6.
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. 7.
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8.
9.
Resolution No. 16960
..ge 7
10.
concrete curb. lutter .nd sidewalk. sewer.
nclai.d .ater .nd .ater utilities. drainage
facilities. street lights. signs. and fire
lIydr.nts. All streets shill confol"lll to the
City's Street Design Standards 'olicy adopted by
City Council Resolution '15349 unles~ otherwise
conditioned or .pproved by the Ci~ Engineer.
[Engineering] .
Dedicate for publi' use .11 the streets .hown on
the tentative ..p within the subdivtsion boundary
for .ach final ..p IS det'1'1Iin.d by the City
Engineer. [Engineering]. .
'rovide design details for the bridge like
structure at the ,roject .ntry for review and
.pproval of the City Engineer and Director of
Planning ,rior to the approval of the first Final
Map which creates individual residential lots.
[Engineering. 'l~nning]
Include right-of-way for SR 125 in a lot granted
in fee to the City for open spice .nd
transportation ,urposes ,rior to the Ipprovll of
the fint. final Map .tIich creates individua1
residential lots. Include .aid lot in an open
space district until transferred to the State of
Califomia. [Engintering. '~rks tmd Recreotion]
Install I fully Ictivlted traffic signal on Otay
Lakes ROld at the ,roject .ntry.lnstall
conduit. pull boxes; .nd wirin, to interconnect
said traffic signa to traff c .1gnals along
Telegraph Canyon Ro.d. 110 Traffic Signal fee
credit will be Itv.n for Slid installlUon.
[Engi.eering]' .
Irant to the City .n .a.,.,nt or .Is..,nts for
street tre. ,1 anti ng Ind ..intenlnce." Ind
landsclpe buff.r .rels .10ng all public streets
in the width required by the City's Street Design
St.ndards. [Engineering]
Irant I 10-foot wid. utnitY.Is,.,nt within open
~Ice.lots 1~lc.nt to street rights-of-way.
{Engineering]
SubIlft to and _tain approvll by the City
Engineer If .triping plan. for III coll.ctor
.treet. .i.lt....OUS1, with the Issoci.ted
illProv,.,nt plans. [Engineering]
11.
12.
/ ~ -- /1 -fl--:'T
llution No. 16560
! 8
.
13.
14.
15.
16.
J.w!rs
17.
Design all vertical cunes and illtenecUon light
distances to confo", to Itlndards tn the CllTrlns
Mighway Design ManuIl. (Engfneerlng]
'"stlll tralll't ...n't'~s 011 'oth Ii des of 0111
Lakes Road at the ,roject .ntry or .ppropriate
.ltemlthe location as .pproved 'y the Cit)'
Ellgineer. Transit .-enities '"clude lIut are not
H.ited to "nches .IId/or Ihelten .IId .re
lubject to approval II)' the tit)' Engilleer. . 'ay
$5.000 clsh depol.t to the tit)' ,nor to the
.pprovIl of the fint 'ir-Il Map to fUlld trans't
Utnities when required. {En,fnttrin,]
Requested Maiver 1 '1 approved lubject to
complilnce with ,arking requil'tlHnts 'n Street
Design Standard 'olicy. item 120, lage 12.
Requested wlhen 2 and 4 as Hlte on the
tentathe up are hereby approved subject to
submission of a letter from a registered civil
engineer 'ndiclting that the results of the
wahers requested conf01"ll with connon .ngineering
,rlctice and Itlndards in considerltion of public
safety. Requested Maher 3 is denied.
[En,fneerfn,] .
Vaclte the OtlY Mater Di!trict access .Isnent
across Lots 6-12. [En,fneerln,]
.rovide access to all sanitary sewer unholes via
an 'aproved access road with a .ini.um width of
12 feet, tlesigned for an "-20 wheel load, or
other 10lding, subject to the .pproval of the
tity Engineer. (En,ineerin,] ·
.
18.
.rovide ,raded access Inll 12 ft. wide HII_ntl
to III ,ublic ItOnl drain Itructurel, fncluding
fnlet Ind outl.t Itructures. Construct fllProvell
ICC.SI ICrol1 lide ,Irds to drainage Itructures
.xc.pt IS etherwfle directed III the ct"
Engineer. lln,ineerin,]
Sublln I Hst of .nlPOltlI lots fftdicatfftl """her
the Itructure win .. lOClt.d on ft11, Cut or I
transition ..tWlen the two Ittulttonl ,rlor to
IPproval of Hch Fillll Map for Itnll. f.-fl)'
residential .Ie. {En,ineerin,]
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20.
21.
22.
23.
24.
MI11I
25.
[
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Resolution No. 16960
Page ,
'rovide a letter of permission for Irading from
$OGlE prior to any ,rading within or adjacent to
the 120 ft. SOGlE laswent or tlhich would affect
access thereto and peraission to locate a public
Itora drain within laid .aselent. [En,ineerin,1
Construct retention/detention facilities on site
or as approved by the City Engineer to reduce the
~uantity of runoff to an .-ount .qual to or less
than ,resent flows for the 100 rcar frequency
Itorm. Provide design and calculations for said
facilities to the City Engineer for approval
trior to issuance of . lra~ing permit.
(En, inti ring]
Prepare and obtain approval by the City Engineer
and the Director of "anning an erosion and
ledi.entation control phn and
landscape/irrigation plans as p'art of the grading
plans. [Engfneerfng. 'IDnning]
Design the Itorm drains and other drlinage
facilities to include lest Management 'rlctices
to .inimize non-point source pollution
satisflctory to the City Engineer. [Engfn"rfni]
'rovide a letter of permission from the CWA for
grading and construction of Itreet t~rovements
.ithin the 120 ft. .ide 'Iselent. ,rior to any
Irading or construction within or adjlcent to the
County ..ater . Authority (CWA) .aselent.
[Engfneering]
'rese~t written verification to the City Engineer
from O1IY "ater District thlt the lubdivision
will be provided adequate water lervice and long
t.ra water Itorage facUiti.s. {En,entlreng]
,
Provide to the City a ,.tter f,.01l1l1uniCilll
..ater District . indicating that he
assesl..nts/bonded indebtedness for all parcels
.dicated to the City Mve "en patd or that 110
als..s..nts .xilt en the ,arcel(s).
CEnle.,rin,J
IWI1IIUWI
26.
27.
Enter into .n .g,....nt with OWD to c_it to use
of reclai..d .ater .t the .arli.st possible date.
Make all reclai..d .ater use conform to the
/tJ~c2l
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solution No. 16960
ae 10
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.pplic.bl. regul.tions of thul. Vist., R.gional
Vat.r Quality tontrol lo.rd .nd the Stat.
Departllent of ....,th. {Ellgillrlrillg, 'lllllllillg]
28. Det....fn. the DO:.nt of .nd d'vosft .11 costs
pot.nUally incurred froll retrofitting the
"clailled .at.r sfst.. ill .11 .reas to b.
ulti..t.,y publicly ..intailled, wh.n recl.illed
.at.r "COlleS .van.bl., the aIIOunt of s.id
deposit subj.ct to .pproval of the City Engill.er.
{Eng inrl ring]
29. Install recl.illed .at.r tin.s as outlin.d fll the
Public Facilities Financing "an wh.n the
associated road i~rovlMtnts are construct.d or
when the City Engineer dete...ines that the
facilities are lIec.ssary to provide a link to a
live system. (Engilleerillg]
\
&areem!nts
Enter into. Supplllllntal Subdhhion Agreellent(s) with
the City to:
30. Authoriz. the City to withhold building ,....its
for any units in the subject subdivision if .ny
one of the following occur:
a. Regional development thresholw li.its set
by the East Chula Vista Transportation
Phasing ".n have been reached.
b. Traffic vollllllts, t.vels of servic., public
utilities and/or servic.s exceed the
adopt.d City threshold st.ndards.
31. Comply with the "requirtlllnts of the "vis.d
East.rn Chul. Vista Tr.nsportation Phasillg ".n
.nd Transportation Dev,'o...nt IlIpact fee ,rogr..
or as .aid doc...nts ..y be "vis.d "sed en the
conclusions of the M.N.T.I. Stat. lout. 125
financing study. {E"fillllrillJ1
12. lot ,rotest foruUon of .lId tnclulfon ill .
lIIint.n.nc. District or Zone for the ..illt"'lnc.
of lalldscl,.d _dilllS .nd sc.nic com don ,'ong
stre.ts within and adjl,C.llt to the subj.ct
,roperty or an AsltsllllntDfstrict or Zone for
the ..int.nlnc. of T.l'Jraph Canyon flood Control
Chlnn.l. {Engineering]
/ tJ,- cJ-:L
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34.
35.
36.
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Resolution No. 16960
" 'Ige 11
37.
lot ,rotest fO\'WIUon of and inclusion in a
Coanunftl '.cfUtl Distrfct to ffn.nce
construction of SR 125. CE",i""ri",]
Defend, tndnnffl and hold ha,.l.ss the City and
its agents, officers and .101ees, from any
Clli., action or proceeding against the City, or
its .gents, officers or .101.es to attack, set
asfde, yofd or annul anl approval bl the Cfty,
including approvIl by its Planning c.nission,
Cfty Councfl or any approval by its agents,'
officers or. 1IIP10yees with ngard to tMs
.ubdivis'on provided the Cfty promptly notifies
the subdivider of any clai., action or proceeding
and on the further condition that the City fully
cooperates in the defense. [E",i""ri",]
Hold the City hlnlless frolll an)' lilbility for
.rosfon, sfltatfon or increase flow of drainage
, "sulting frolll thfs project. [E",f""ri",]
Insure that all franchised Clble television
companies (.Clbl. Company.) are ,ermitted .qual
opportunity to ,lice conduit and provide cable
television .ervic. to .Ich lot within the
.ubdivfsfon. lestrict access to the conduit to
only those fr.nchfsed cable televfsfon companfes
who are, and ,...in in c..,lilnc. with, III of
the t.T'IIS and conditions of the frlnchise Ind
which .re in further complfance with .11 other
rules, "gul.tfons, ordfnances and procedures
"gullting .nd aff.cting the operation of Clble
television cClIIpanfes as .1.. ..y hive been,or
.y frDlll tf.. to tf.. be issued by the Cfty of
thull 'fstl. CE",i""ri",]
,
Sublllit c.rtfffcatfon .fgn.d bl the Chula Vfsta
IltMntar.r School Dfstrict and Sweetwater Union
Hfgh Scllool Dfstrfct indfcating that the
~veloper and the Dfstrict have .ntered fnt' a
bfnding irrevoclbl. .grttlllnt ,rovfdfng for full
.ftigation (.s deffn.d in tilt ~cfll T.x leports
dateil Dec..ber 1.82) of Ichool flc11ftl needs
.nerlt.d by tilt ,roj.ct. through MUllly agreed
,rovfsfons for tII. .stabU....nt of . .pecfll
taxfng district, U per Spect.l TlX Reports dat.d
, Dtc_er 1.82' or if .tulll.1 ag1"'tld, tilt .ctual
construction .1 dev.loper of Iclool f.cflftf.s,
or luch ether ..tfgation u .y be ......d
appropri.t. bl tilt .ff.cted school distrfct prior
to the approvIl of the ffrst final .p ""fch
contlfns any "sldentfll unfts. Developer .hlll
//J-olJ ~
,olution No. 16960
ae 12
.
. "
'. .
have specifically .atvld the liaitations, if Iny,
of 'OVIrnMnt Code 13080 Ind 65995 .t slg.
insofar IS thoseprovhions would U.U full
.itigation of school f.ci1ity DlIds Ind i.,acts.
{'Zonntng]
.
'~
J)ben SDace
38.
39.
40.
41.
42.
43.
-
'rant open 'pacl lots -A' Ind -D'. Ind Iny
portion of Lots -I' Ind -C' not dedicated in fte
to the County "ater Authority, to the City in fee
on the first Final Map which creates individual
residential lots Ind .xecute Ind record I deed
for .ach lot. {Engtn"rtng. hrb ond
RecreaUon]
Submit I list of open 'pace items to be
.aintained Ind I rough esti..te of ..intenance
costs to .11ow City staff to detenline I
pre1i.inary cost and s2read for the open 'pace
district. (Engtne,rtngJ
Request that the Citl fo~ an ~en Space District
to ..intain publiC Open Seace lots 'A' and 'D',
Ind .ny portion of Lots '. .nd 'C' not dedicated
in fee to the County "ater Authority, Ind submit
to the City the Issociated diagr.m, cost
esti.ate, description of work and . deposit of
$8,000 for processing the fo,..tion of t~!
district. {Engtn"rtng, hrb ond RrcreaUonJ
Submit co.prehensive detailed landscape and
irrigation plans Ind .ater ..nal...nt guidelines
for .,1 '.ndscape irrigation in Iccordance with
the Chula Yista L.ndscape Manual. The llndscape
fOT'lllt .ithin the project shall be in substanUal
confo,..nce with SIction 3.2 (L.ndsc.pe Concept)
of the 'elegr.ph Canyon lst.tes SPA ,1111 and
,"all be subject to the aPfroval of tile tiq
Landscape Arehitect and the D rector of ..rts and
IIcreaUon. {'Zonnt",. hrb OIId lfeCNOUOn]
Obtain Ipprova' of III "Int ..terta's, .t111 and
locaUons. Ind ,rovfsions for irrigat,OII of .,.n
.pace ..intenlnce lreas f,.. the Director of
'Irt, Ind IIcreation. {hrll, OIId lfecNnf.on] .
.
Irlde I leve'. cl.ar lrea It '.ast three flit
wide. I'ong the '.ngth of 11\1 ..11 puttinl In
open "ace district lot, IS ..asured f,.. face-
of-wa' to Hlinninl of ,'ope, 'Itd arel IS
approved by the Cit1 Enlineer and Director of
1
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44.
45.
46.
47.
48.
49.
lesolution 10. 16960
'age 13
10.
'arks and Recreation. {E",f""rf",. ~rb ""d
R~creat fon]
Obtain .pproval .y the Director of 'arks and
Recreatl"n for the sfle and location ",f all
Iccess ,oints to open spac. ..intenance lreas. .
C'lJrks mid R'CNlJt ion}
Indicate on the trading ,lans that all wa'ls
which Ire to .. ..intained 'y an open space
..intenance district Ire constructed entirely
within the district ,roperty. {Parks Gnd
R,cNation. f",t""rtn,J
'rovide 3 ft. wide soHd 'ase on an walls
fronting u20n an open space district. (Paries Gnd
R~crelJtfon)
Obtain IPProva' of fina' recreation tran and
fence design Ind location from the Director of
'arks and Recreation. {Paries Gnd Recreation]
. Locate a 5 ft. wide decOllposed granite tr.fl with
a post and r.i' fence Idjacent to the existing
sidewalk on the lIorth side of Olay Lakes Road
subject to review and approval of the Director of
'.rks and lecre.tion. Loc.te said fence 2.feet
Iway from the .dge of the trlfl. ; {Paries IIIId
R,creation]
I.prove an I.footwide pedestrian .asement along
the entire westerly sfde of Street A, along the
lIorth sfde of Lot ... to the San Diego County
Water Authority .asement, lIorth along the east
side of .afd .aselent to Ind through the trail
,ath ~tween lots 148 Ind 149. lIortherly along
the west sfde of Street F to the southerly side
of lotha. Street, IlId west to the westerly
,roperty "undar,r subject to revfew .nd approval
of the Cfty Engfneer and the Dfrectors of 'arks
Ind Recreation and 'lannfllg. {E",tn~"in,. 'arles
.nd bcreGtion, Illlllnfnl1 .
SubIIit Dnua' 'unding ..~it reports, traffic
counts Ind fiscal tllPact ,"alysis to the Cfty
c_ncfng with the construction of the project
.nd sch.duled to coincid. with the .nnual revfew
of the lrowth llanag..nt Oversight eo.itt". . .
l'ZGnninl1 .
/t!J~e2_~ ~
solution No. 16960
ge 14
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l;sceUan.DUS
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t. )
51.
52.
53.
54..
15.
56.
Tie the boundlry of the subdivision to the
Califomfa' Systtll - Zone VI (1983).
(E",illurill']
Submit copies of finl' Maps in a dilital fo,..t
such as (DXF) ,raphic file ,rior to approval of
tach Final Ma! for a~ unit. Provide CDlputer
aided Desiln (CAD) copy of the Finll Map blsed on
accurate coordinate ,eOlllttry calculations and
submit the info,..tion in duplicate On 5-1/2 HD
floppy disk ,rior to the approval of tach final
Map. (E",illeerill']
Mitiglte noise i~lcts on the residences along SR
125 by the ,lacellltnt of solid Wills on the
building pads at the top of the slopes adjacent
to the roldwlY. The Wills shill be constructed
in confOnllnce with the design guidelines Sit
forth in the SPA "an for TeTegraph Canyon
[stites. The end of .ach noise wlTl shall wrap
around the building pad enough to block the line
of lilht from all ,oints in the .xterior living
spice to any portion of the implcting roadwlY.
Indiclte on the ,rading plans the locltion of
Slid Wills. The design and plac...nt are subject
to the approvll of the City Engineer and the
Director of "anning. (EII,i"eeri",. 'Z'''''ill']
Construct a block Will "tween the ntaining
Wills indicated on the Tentltive Map along the
south lide of lotham Street adjlcent to the OtlY
~Iter Diltrict ,roperty. Said Will shill not be
lower thin 5 feet in Ileight along itl entire
length and shill .. constructed with decorative
concrete blocks. subject to the approval of the
Director of "anninl~ (Iland",]
Include the pedestrian path between loti 148, 149
and 150 in Lot C. (ll'IIIIill,]
Preplre Covenants, COnditions. and IIstricttons
(CClR's) for the ,yooJect, subject to the approval
of the ~irector of 'lanninl, which ,rovide that:
a. The ..flinl .f ttCnattona' ..hicl.l.
,tranen or hits within the .veloplltnt
shill be ,rohibited.
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57.
58.
59.
60.
61.
,
;
.
i 63.
Resolution No. 16960
'Ige 15
62.
.. F.ncing on rear slop.s sha"" liait.d to
coat.d chain link or wrought tron colored
lre.n. "ack or .arth ton.s.
[Planning]
'ain approval 'y the Directors of "anning and
'arks Ind Recreation of the final development
r'lns of the recreation lrelS on Lots "A" Ind
.". {Plannin,. fJorb ""d bcrel1tfon1
Enhlnce the developlent .dg. 110nr the Olay Lakes
Road scenic corridor. i.I.. wlr ed heights Ind
setbacks. archit.ctural treatllent. and decorathe
landscaping and walls. subject to Ipproval by the
Director of "anning. [Planning. 'arks and
lecrel1t lon1
'rovide I letter werif)'ing that a qualified
pal.ontologist has "en retained to iapl.ment the
.itigation ..asures relative to paleontological
resources IS outlined in tbe Mitigation
Monitoring .rogram prior to the issuance of I
Irading p....it. {Pll1nnln,1
.
Mitigate Idverse iJpacts ISsocilted with
geological hazards in cOlllpUlnce with the
aitfgation IIOn1tor1ng program of the Final
Environmental lapact Report for Telegraph Canyon
[states SDP Ind SPA "an (EIR 11-05). [Pll1nning.
En, Inte rln,1
Dedicate and record an open space .asement on a
.1niaum of 0.1 Icres wetlands Issociated with a
larger wetlands lrea on the Olay Ranch property
in I. location approved .)' the Director of
"annlng. {Plannln,1
Enter into an Affordabl. Housing Agreement with
the City in confo.-nce with Condition No..' of
the Telegraph Canyon Estates lOP Ind SPA Plln
(Resolution No. 16768) ,rior to the a2provIl of
any final IIIp. (~nlflllerdo".ntJ
Use Street A as Dclusiye access to the property
.)' construction "hiclts. Iotha. Stre.t Ind
Creekwood ..ay shan .....in closed IIIItn the
IIOrthwesterl)' ",ase of the ~j.ct is
constructed. subj.ct to the approval of the City
Engineer and the .Director. of Planning.
(En,IM,r"". ,,,,,,nlll,1
/tJ/'~/
~
solution No. 16960
ige 16
64. Pay off all existing deficit accounts associated
with the processing of this application to the
satisfaction of the Director of Planning.
[Planning]
65. landscape the area between the retaining Malls on
the souuth side of Gotham Street along the Otay the
Hunici sidewalk /trail! subject to the appprrovalnof the
Director of Planning. [Planning]
66. Prepare detailed plans for the development Within
and adjacent to the Walkway between lots 148.
1490 and 150p said plans to include landscaping.
fencing and house siting on adjacent lots,
subject to the approval of the Director of
Planning and Parks and Recreation. [Planning.
Parks and Recreation)
67. Provide a planting area a minimum of 3 feet in
width between property line fences and retaining
walls 3 feet in height or highers subject to the
approval of the Director of Planning.
[Planning)
Code Requirements
68. Cause the =onin9 of an off -site parcel(s) to be
used exclusively for a Community Purpose
Facilities site(:)* subject to the satisfaction
and approval of the Director of Planning. prior
to the recordation of the first Final Map for the
project. or submit a Revised SPA Plan and
Tentative Nap which provides for said site within
the subdivision. [Planning. City Attorney]
69. Comply with all applicable sections of the Chula
Vista Municipal Code. Preparation of the final
Nap and all plans shall be in accordance with the
provisions of the Subdivision Nap Act and the
ity of Chula vista Subdivision Ordinance and
Subdivision Nanuai. [Engineering. PlOnRing)
70. underground el itipal he�dn-
in c ornc w tthMunci Codrequiraets
[Engineering)
71. City Code following fats licy accordance with the
,'
u]
. Resolution No. 16960
'11Ie 17
The Trlnsportation and 'ublic facnities
Developlent I~act 'ees prior to the
tssuance of a~ building perait.
Silnal 'arttctpatton ,..s.
A" appltc.ble .ewer fees, includinll Ilut
.ot li.ited to sewer connection f.es.
d. 'IY the Tel.graph 'CI~n Sewer IIsln fee.
.. 'IY the T.l.graph Canyon drainage fees tn
Iccordance with Ordinance 2384 prior to
final ..p approval.
'.y the lIlOunt of said fees In effect at the till!
of issuance of building peraits. [Engineering]
72. MIke." proposed developlllent consistent with the
(astLakt I SPA ,'.nned COIIIlunity District
Regulations, IS .-ended in the Telellraph Canyon
(states SPA ".n, subject to the .pproval of the
Direct~r Pl.nning. [PZannlng] .
73. Comply with TUle 24 and Iny other energy ...
conservation ordinances Ind policies in effect It
the ti.. construction occurs on the pro~erty tn
confo~nce .with this Tentltlv, Nip. [Building
end Housing, 'Zanning] .
I.
II.
t.
SECTION VIII.' Consequence of flllure of Conditions.
If .ny of the forelloing condlUons f.U to occur, or if they
are, lIy their tenDS, to lIei~l...nted and ..lnt.ined over
tll1le, or if Iny of such conditions f.U to .. so illlllnented
and ..intalned according to their tt~, the City, following
a public II,arlnll by the City CouncU at _lch the applicant or
successor in interest is Itv,n nottce and th, opportunity to
appear .nd be ....rd with reg.rd thereto, .h." .ave the right
to revoke or IlOdify a" approvals IIereln Irlnted, deny or
. further condition issulnce of all future liuUding "naits,
deny, revoke or further condition all certlficltes of
occupancy issued under the authority of approvals IIerein
,ranted, institute Ind prosecute litllatlon to CDlPel their
complllnce with .aid condittons or ..et 4IIIles for their
wiol.Uon. .'
[
SECTION IX.
.
CEQA Findings.
/tJ --d-J
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solution No. 16160
ge 18
A.
e.
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.".. ..
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The Council does IIereby .....pprove. Iccept IS fts own.
Ind ....incorporde .s ff set forth fulllltrein. Ind ake
..ch .nd every one of the CEQA findings .ttached lIereto
IS Exhibit A. .
.
As IIOre fully fdentifi.d Ind set forth in the 'rogr..
EIR and fn the CEQA findings for thts Project. the
Council lIereby finds. ,ursuant to Public R.sourc.s Code
Section 21081 and CEQA &uidelines Section 15011. that
the eitigation ~asures described in the Ibove
...ferenced docUlllent .re feasible .nd w111 becOllll binding
upon the .ppropri.te .ntity such .s the Applic.nt. the
City. or other speci.l districts which lI.s to f~le..nt
these specific .itigation ~asures.
.
C.
As fs .lso ftoted fn the environment.l documents
...ferenced in the flftediately ,recedinl paragraph, six
.lternatives to the Project which were fdentified IS
potentially feis1ble Ire IIereby found ftot to be
feasible. These alternaUves .re: ftO Ilroject. two
.lternative designs Ind three .ltern.tive loc.tions.
D.
As ...qu1rtd by the Public Resources Code SecUon
21081.6, City Council IIereby "..dopts the Mitigation
Monitoring .nd Reporting progr.m (-progr.m-) set forth
IS Exhibit e to thts ...solution Ind fncorpor.ted lIerein
by ...ference .s set forth in full. The Cfty Council
finds that the Progr.. is desil"ed to tnsu... that during
'the project fllPl..ntaUon Ind oper.tion. tll. Applic.nts
Ind other responsible ,.rti.s illPl..nt the project
COlllPonents Ind cOIIlPly With the f..sibl. .iUgaUon
~lSu...S idenUfitd in the ffndings and in the ,rogr...
E.
Even aft.r tilt ,,-adoption of III f.asfb't .fti,auon
_asu...s. c.rtafn sfl"ific.nt or pot.nU.ll, lipf ic.nt
.nvironaental .ff.cts caused by tile ,roj.ct c..,l.thel,
.ill nuin. "'erefore. the Cit, Council of tile Cit, of
Chula 'tsta ".issues. pursuant .to CEQA "'idelines
SecUon 15013, . Stat..nt of Overriding Consider.tions.
IS let forth Ind Itt.clled "reto IS Exhibit C.
fdentifying the specific econoaic. loci.l. Ind other
consider.tions tllat rlftder the ..avoid.bl. significant
/tJ"'Jo ~
aesolution No. 16960
'1ge 19
advene Iftviror.ental .fftcts stm significant but
acceptable.
SECTION X.
lotice of Dtte,.ination.
City Council directs tht Environlentll Review C~ordinator to
post a Notice of Dtte,.inltion and fU, tile .ue with the
County Clerk. .
SECTI ON XI.
Adoption of Street ..mes.
City Council IIereby accepts tile nc_ndlUon of the Planning
Conrnission and approves and adopts as the officill street
names for III streets within the subdivision. those set forth
in E~hibit D attlched IIereto, pursuant to Chull Vistl
Municipal Code Section 12.44.010.
..../ 'A" /i # /:.
/(,./.?f II l,,.v ~
Robert A. Leiter
Director of Pllnning
Presented by
Bruce M. oogllrd
City Attomey
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/tJ~J;2..
Resolution No. 16960
'age 2J
.
'ASSED, APPROVED and ADOPTED by the City Councn of the City of Chub
Vista, Californi~, this 19th dlY of Janulry. 1993, by the following vote: .
YES: Counci18dbers: Fox. Horton. 1Io0re, lindone
NOES: Councllleabers: None
ABSENT: Councllleabers: lader
ABSTAIN: Councllleabe~: lone
ATTEST:
~ . ~-
'-x: ~. . ./ / -/ ( .
'-4"':'..,... L' . L4....I'!.... ,
B!verly~. Authe et, City Clerk
STATE Of CALIfORNIA 1
COUNTY OF SAN DIEGO SS.
CITY OF CHUlA VISTA
I, Beverly A. Authelet, City Clerk of the City of Chula Vista. California, do
hereby certify that the foregoing Resolution No. 16960 was duly passed, approved.
and adopted by the City Council held on the 19th day of January. 1993.
. .
EXecuted this 19th day of January. 1993.
.
~ /':;-:71
Minutes
January 19,1993
Plie 3
AIlomey. approvecl4-0-1.Wilh Nader at-Dt.
JIESOunlON 16966 ItS AMENDED. OPFERED BY COUNau.tAN JUNOONE. rudina orlhe tat was waived,
passed and apprllftd 4-0-1. wilh Nader absent.
· · u..., OF CONSENT CALENDAR · ·
i
9. PUBUcZHEAlUNG PCS-93-03: OONSIDERAll0N OP 1HE TENfA11VE . srATEMENr OF
OVEJUUDING CONSlDERAll0NS AND MI11GAll0N MONITORING PROGRAM. STREET NAMES FOR
TELEGRAPH CANYON ESTATES. BALDWIN VlsrA ASSOOATES . The applic proposes to subdivide 112
actes of presently unmcorporated property located on the north side of oray Road directly east of oray
Lakes Lodge mobile hOllle park and directly south of EutLake Shores. proposal calls for 34S single
family lots. two recreatioll areas, and four open space loti containing 26 acres. Staff recommends
approval of the resolution~ "~~ector of Planning) Continued from . of 1IUI93.
Paul Manganelli, Senior Plann~~, briefly described the project. He . cused on the drcuIation elements of
the project as requested by Council. .
'>, J,I.
Councilman Fox asked when the agree'm~nt regarding afforda)fe housing would be forthcoming.
Mr. Manganelli responded that was Condi~otl62 of the Fina{tiaP and would be presented to Council when
the Final Map was brought forward. \. ..J
. ". 17
Councilman Fox stated he understood Baldwin would be.,equired to provide the Community Purpose Facility
whether or not the oray Ranch was annexed. He s,JJted his desire that the facility be located in dose
proximity to Telegraph Canyon Estates. /' ';. ,
l 'i,~,
Mr. Manganelli replied that staff would look at.the 10can1>\1 in a broad context relative to the Eastern
Territories as a whole and it would not be absolqlely required't~ be within a,specific distance of Telegraph
Canyon Estates but would be in the Genera)f'planning and sei;v:ice Area. He noted that Baldwin had
proposed meeting the facility requirement iri, the first village or O1;ay Ranch which was in relative dose
proximity to Telegraph Canyon Estates. ,/ . ' :<~,
Mr. Manganelli pointed out that the rfYised School Condition wording'..as recommended by the School
District. was placed before Council Pr;:iot' to the start of the meeting.'~,
/ : ~~
This being the time and place as a'vertised, the public hearing was dedarea~n.
Tim O'Grady, 2029 Port Cardiff~ula Vista, CA 91911. representing the BaI~(Com.. pany. thanked staff
and noted Baldwin's concurre~e with the resolution and all conditions contained~.
There being no further public testimony. the public hearing was dedared dosed. \~~~:lj,
\'i
RESOLlTnON 16960 APPROVING 1HE TENfA11VE SUBDMSlON MAP POll
ESTATES. 0iULA VlsrA TRACT 93-03; AND MAIClNG 1HE NIY""~a,ay PlNDlNGS; ,
srA'1D1ENT OF O\IERJUDING OONSIDERAllONS AND 1HE MI11GAllON MONlTOIUNG PR
ma 91.05 ",<;
City Attorney Boogaard stated staff requested Council amend the motion by substituting the languag;~.".
No. 37 as contained in the handout. \~
MSC (po~] to unend CoDditiOD No. Yl. 4-0-1. with Nader absent.
JIESOunlON 16960 ItS AMENDED. OPFERED BY COUNau.tAN MOORE,readina oflhe tat was waived,
passed and .pproved 4-0-1. with Nader et-M
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'6'
RESOLUTION NO. 17475
.'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING CERTAIN CONDITIONS OF RESOLUTION NO.
16960 APPROVING THE TENTATIVE SUBDIVISION MAP FOR
CHULA VISTA TRACT 93-03. TELEGRAPH CANYON ESTATES
WHEREAS. on Jenuery 19.1993. by Resolution 16960. the City Council approved the
Tentetive Subdivision Map for Chula Vista Tract 93-03. Telegraph Canyon Estates; and.
WHEREAS. at the time the first final map of this development was approved. Council
also adopted Resolution 17278 amending the original conditions of approval of the tentative
map and certain conditions were amended to defer compliance until approval of a later final
map of the development; and.
WHEREAS. the supplemental subdivision agreement for the fir.t pha.e of development
(Resolution No. 17279) outlined the terms and conditions for the developer to .etisfy the
emended conditions; and.
WHEREAS. the developer is now requesting that Council further amend Conditions of
Approval Nos. 61.62. and 68 to defer compliance until approve of .ubsequent maps; and.
WHEREAS. Condition No. 61. as originally amended. requires the developer to enter
into an agreement to dedicate and record in first priority pOSitions a minimum of 0.9 acres of
wetlands on the Otay Ranch property prior to approval of the fourth final map; and.
WHEREAS. it had been anticipated that the grant of easement and subordination
agreement would be completed prior to presenting the fourth final map for Council epproval;
the grant of easement has been prepared and recorded. howevar. because the property on
which the easement is located serves as collateral for loans secured for the purchase of the
Otay Ranch the subordination agreement must be executed by a number of different entities
and individuals end the execution proeess has taken considerably more time than anticipated;
and.
WHEREAS. .taff recommends that Condition No. 61 be further amended to read as
follows:
-Enter into an agreement not to apply for Council approval of a fourth or later
Final Map for the Property until Developer has dedicated to the City. by the
racordation of a dedication deed. an easement over a minimum of 0.9 acres
wetland. a..ociated with a large wetlands area on the Otay Ranch property in
a location approved by the Director of Planning (-Originally Wetlands
Ea.ement-Iand provided a title policy covering the Original Wetland. Easemant.
Developer shall further agree not to apply for Council approval of the final map
conteining the 232nd lot until Developer has recorded all necessary
.ubordination agreements to .ubordinate any deeds of trust encumbering the
property on which the Original Wetland Easement i.loeeted and provided a title
poliCY insuring the priority of the Original Wetlands Easemant.-
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Resolution No. 17475
Page 2
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WHEREAS. the originel Condition 62 of the approvad tentative map for Telegraph
Canyon Estates required the developer to enter into en affordable housing agreement to. as
a minimum. grant in fee to the City not less than three buildable acres in a location and of a
charecter utisfactory to the City for tha purpose of constructing housing for low and
molerate Income families; and.
WHEREAS. Condition No. 62. as previously amended. requires the developer to enter
into an Affordable Housing Agreement with the City to provide 34.4 affordable housing units
of the Fifth FinaLMap; and.
WHEREAS. since it is anticipated that the fifth final map will soon be prasented to
Council for approval and the developer and City staff have come to an understanding that the
required affordable housing may be provided partly on-site and partly off-site. Staff
recommends that ~ondition No. 62 be further amended to read as follows:
-Developer agrees that. without permission of the Council. it will not apply for Council
approval of a Fina' Map covering the 200th lot within tha Property to be subdivided
until City and Developer have entered into an affordable housing agreement in
accordance with Condition No.6 of the resolution approving the General Development
Plan and SPA Plan for the Telegraph Canyon Estates project (Resolution No. 169601.-'
WHEREAS. Condition No. 68. as originally amended. requires the Developer to enter
into an agreement with the City to cause. consent to. permit. apply for. and not oppose the
planning or replanning and zoning or rezoning of an off-site parcel(sles a Community Purpose
Facilities (CPFI site prior to the recordation of the fourth Final Map; and.
WHEREAS. the CPF site is expected to be provided in the first village of the Otay
Ranch. end the Otay Ranch General Development Plan has been conditioned accordingly.
howevar. the Otay Ranch property has not yet been annexed and therefora the developer is
unable to comply with the condition at this time; and.
WHEREAS. the amended condition would require the developer to further reserve and
later replan an appropriate CPF site within the project If an off-site parcel cannot be
guaranteed prior to the approval of the final map containing the 30 1st lot of the subdivision;
and.
WHEREAS. Council desiras Condition 68 be amended as follows:
Developer agraes that it shall. concurrantly with the execution of this Agreement.
record a covenant (-Covenant-' against a percel (-CPF Parcel-I legally described es
ahown on Exhibit A. entitled -Legal Description. C.P.f:. Slte-. (consistently of
approximately 1.51 acres located within the araa of the Property. and legally mapped
as ahown on the Exhibit B attached hereto and incorporated herein. that auch parcel
ahall be restricted for the use as a Community Purpose Facilitias aite. In the event that
Developer applies to the Council for approval of a Final Map covering the 301 at lot to
'Amended on Council floor. May 3. 1994. to read as set forth herein.
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Resolution No. 17475
Page 3
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be subdivided within the Property and Developer has not (re)planned and (relzoned IS
a Community Purpose Facilities Site 1.5 acres of property within the territory of the
city sltisfactory to the City, the City can, at City's option, either amend the SPA Plan
and rezone the Property them~elves or require Developer to submit en amendment to
the SPA Plan and emend thlt zoning map and/or zoning regulations tei specify the
necessary zoning for such. Community Purpose Facilities site within the boundaries
of the Property covered by the Covenant; provided, howaver, in the avent Developer
does plan and zone a Community Purpose Facilities site on an off.site percel within the
City of sufficient size, in a sufficient location and to the satisfaction of the City which
is owned by Developer, then the Covenant shall be terminated and of no further force
or effect and City shan execute any and all necessary documents to provide for such
termination. _2
NOW. THEREFOREM BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby emend certain conditions of Resolution No. 16960 aproving the Tentative
Subdivision Map for Chula Vista Tract 93-03, Telegraph Canyon Estates as set forth
hereinabove.
Presented by
i]:'~f.
Bruce M. Boogaar
City Attorney
Mlj"
hn P. liPPitt~
Director of Public Works
2Amended on Council floor at May 3,1994 meeting.
;B-~ /?J'Y?
Resolution No. 17475
Pege 4
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EXHIBIT A
LEGAL DESCAIP110N
c.r.r.1ITE
'!HAT fOIlnoN 01111I IOU11IWIST QUU'IIIl 0I11cnclN M, TOWNSHIP I' IOUTH. UNClE I
WIST.IAN BEIlNAJDINO USI AND NDJDIAN.IN 111I cnY 01 CHULA VISTA, CIOUN1'Y 01 IAN
DIEOO,ITA'" 01 CAUl'CWllA.IlEIO'JI'- AlI'CIU.OWS;
.GlNNlNG AT '!HE MOSTIO'TIIEIU.Y CIClIND 011.01' I'. aM.A VISTA ftACTNO. tMJ.
ftlZGMJ'H CANYON ESTA1U NElG111ClaHOOO J UNIT NO. I,IN 111I cnY 01 aM.A VISTA,
.
COUNTY 01 SAN DIEOO, ITA'" 01 CA1JI'ORN1A. ACCQIlDING 10 MAP 1HIUOf NO. lJ070, PII.B
IN '!HE ernCE 01111I IANDIIOO CClUNIY UcoaDD ON NOVDGP U, I"J; 1HINCI ALONG
'!HE NOIl'TIIEIU. Y UN! OIIAJD 1.01' I' AND LOTS II, I'. I' AND IS OIIAJD MAP NO. IJ070 111I
JlCU,.()WlNG 1HREE COURSES, SOUtH Q" 0.' GO" WIST, 4US PUT; THENC! SOUtH ,.. 4r OS.
WIST. 65.2' PUT; tHENCE 1011116. OS' GO" WEST, nUt JIIlT; 1HENCE LEAVING SAIl)
1OTHEIU. Y LlNE,I011IIJ. JI' GO" WEST, nus PUT; 1HINCI1011I OJ- 31' GO" &AIT, 121.10
n:ET; 1IIINCE 1011112." GO" &AIT, 121.'1 PUT; 1HENCE SOUtH"'. 27'... &AlT. SUO PUT
lOA fOOOON A NON.TANGENT 421.00 FOOT IADIUS CllaVl CONCAYI WIS1IIl1.Y, WI'IH A
ILUJNG BOM '!HE IADJUS 10 SAm fOOO 01 SOUtH ..,. 27'... &AIT; 1HENCE IQU11IEIU. Y
A1.ONG'!HE UC OF SAID CllaVl11lROUGH A CENnAL oUlCil.l OF 01. 14' .... A DISTANCE 01 UO
PUT; 'lHENCE SOUtH OS..,. 00' WEST, 11.1' PUT 10 '!HE IEGtNNlNG 01 A TANGENT 10.00 FOOT
IADJUS CllaVl CONCA VI EASTDL Y; 1HENCE IOU'IMERL Y ALONG 111I UC 01 lAID CllaYl
'IHIlOUGH A CDfBA1. A)lCiI.I 011,.... 30". A DISTANCE 0127.9'7 PUT; 1HENCE SOUtH 12" 01' 30"
lAST. 15.56 FEET; 'lHENCE NOIl11l17" SJ' 00. lAST. 10'7.31 PUT; 1HENCE SOUtH 01. 24' GO" lAST.
.
IO.M PUT; 1HENCE SOUtH 1'.56' 27" WEST. 31.t) nET; 1HENCE SOUtH .. 01' GO" WIST. 72.2S
ft!T 10 111I POINT OI.GlNNlNG.
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W.Hi11,Jr. L.S.5669
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Resolution No. 17475
Pege 5
LEGAL DESCRIPTiON PLAT
C.P.F. SITE
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C.P.'. SJTE
1,5S ACRES
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Resolution No. 17475
Plge 6
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PASSED, APPROVED Ind ADOPTED by the City Council of the City of Chull ViStl,
Cllifornil. this 3rd dlY of MIY, 1994, by the following vote:
AY~S:
Couneilmemberl: Horton, Malcolm, Moore, Nlder, Rindone
NOES:
Councilmemberl: None
ABSENT:
Councilmemberl: None
.
ABSTAIN: Councilmemberl: None
JCAtt~
Tim Nlder, Mlyor
ATTEST:
STATE OF CALIFORNIA)'
COUNTY OF SAN DIEGO ) IS.
CITY OF CHULA VISTA )
.
I, Beverly A.Authelet. City Clerk of the City of Chull Vistl, California, do hereby certify that
the foregoing Resolution No. 17475 was duly passed. approved, and adopted by the City
Council held on the 3rd day of May, 1994.
Executed this 3rd day of May, 1994.
~~! () aIdAt-o
Beverly . Authelet, City Clerk
~~~~t?
I
I
Millutes
May 3. 1994
Pap 7
APPROVING A TENTATIVE SUBDIVISION MAP FOil TELEGIlAPH CANYON ESTATES, AND
AUI'IIORlZING THE MA YOIl TO EXECVTE SAME
Ir
E. IIv,"OUmON 17477 APPRO"J1NG FINAL MAP OF TIlACI' t3-03, 1'ELEGIlAPH
CANYON ESTATES NEIGHBORHOOD 1 tJNIT 2, ACCEPl'lNG ON BEHALF OF TIlE PUBLIC THE
I'VIILlC STREETS DEDICATED ON SAID MAP, AND TIlE EASEMENTS GIlANTED ON SAID MAP
WlI'IIIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMP.ROVEMENT AGREEMENT FOil
TIlE COMPLETION OF IMP.ROVEMENTS IlEQUIIlED BY SAID SUBDIVISION, AND AUl'HORlZING
THE MAYOIl TO EXECVTE SAID AGREEMENT
City AIlorDey Boopard IlaIed two .........-s cllaDpI _ JIeIOliaIed at lbe lilt JDiDute 1IIII......;n;..nlive Itaff bad
_bad a c:baDce to review Ibem. The preuwe to I""PC* lbe c:baqe - crated by lbe IlIled of lbe developer to
ncord a map 11III their fillaDcilla _ depeatl-tllpOll cIoillalO. The erin.nee ill lbe CGuDcU DOlebook nquired
lbe developer to pay lbe PAD ,.. 11III olber nquired ,.. witbiD 60 day. of map approval. Tbat _ a cIIaD,e
from !be cuneot policy IIlCI past practice of bavillalbe developer pay lbe PAD ,.. at or before map approval. He
_ DOt advocatilla Council', adoptiOD but was DOl objectiD, it eilller Wo"- itCODtaiDed a proviaiOD tbat lbe fuDcI
mto which tbe fees would ao would collect mtenll at two percetltap poiDla above lbe averap illteresl eanWt,..
He felt !bat crated . cub equivaleocy betweea . cuneot pay_tlllll a future paymeat aecured by a AM nted
illlul'&llcc colllp&lly or a letter of credit. 'Ille City M&DI,er IIlCI City AIlorDey would bave to aaree lID lbe propoted
_mity. It _ ill lbe form of aD ordiDaDce ........- it would be available to aDY ",opoaed fee payer. The lint
ameDd_t to lbe IlIJIPlemmtallUbdiviaillD imp_t .,__t allO bad c:baIIpa IS marked ill lbe batKIO\It.
Mayor Nader lilted be bad liked for iIIformatiDD lID low iocome bouaiD" i.e. CaDditiDD 16. 1be iDformatiDD
rr-ted _ iDcomplete, butlbe cooditiOD _ for lbe provilioD of three buildable - for low iocome boo'';'',
11III it _ left opeIIlS to who it would ultimately be provided to. Tbe.-terial. ill lbe apoda packet augeated
!bat it bad beea cIIaD,ed to. differeDt set of coaditiODl aDd _ ROW bein, further modified ill lbe City Attomey'.
propoaa1. He was UDClear IS to whea lbe modificatiDD was daoe by lbe Council.
City Attomey Boo,aard lilted tbe a,_t beina referred to _CODtaiDed lID paae 13-1311III CoaditiDD 68_
repeated lID paae 13-16. Teatative Map CoaditiDD 16 provided aubatitutiDD ri,bla of three buildable_.
Mayor Nader IlaIed it _ DOl. aubatitutiDD ri,bt, it _ a cooditillD tbat lbere be three buildable _. It appeared
lbere was a cIIaD,e. He queatiaaed if tbat cooditillD _ jW_ ved iD lbe I"~ or if it _ altered.
.
City Attol1ley Booaaard respoIIlW' tbat it _ altered. Tbere _ a duty to provide three off-aite buildable_
of affordable bouaill,aDd lbe .,_ment before Council allowed, at lbe CGuDcU'. optiDD, lbe riabt to nquire lbe
cub or Iud equivaleacy to lbe burdea of buildiD& 17.2 low iocome utUII lID 1 112 acres. The affordable bouaiD,
nquirelDeDt for three buildable _ _ bein, _verted to lbe Council'. optillD of baviD& 1112acrea of 1aDd.
Mayor Nader queatiaaed why tbat _ bein, daoe aDd why it _ DOl more IIllplicidyapel1ed out for CGuDcil. He
felt tbat _ a aipificutt cbIn,e.
City AttorDe)' Boo,aard IlaIed lbe dIaD.. occurred late tbat afterDOott. He felt it could be a more riaoruus
cooditillD tbu lbe previous CoaditiDD 16. The CGuDcil wou1d bave lbe ript to nquire --ab raw IaDd to be lbe
-.uivaleat of providiD,lbe IaDd 11III CODIlnICliDa lbe utUII.
Dave 0uItafaaa. A....nt Dirac:tor of c--mity I)eo.~, 'MjI~at-~ tbat CoaditillD 16 - altered to lbe
.". tbat lbe moderate iocome _ta -W be ...",vided _ lite IllllIIaff "t tbat - aD 8dvIDtap. The low
iDcome _II would Ili1I be off-aite aDd lbe optiCID avai1abIe to ~I ~ be to raquire lbe d..!;catillD of lbe IaDd
10 buiJd them. The previoua cooditillD IlaIed lbere wou1d be three _. Wf of wbidl wou1d be moderate iDcome.
Mayor Nader IlaIed that was lbe IlaDCIard obliptioD. but _ DOl what _ ;..corporalell iDto tbat particular teatative
DP. It did DOllpetify tbat balf wou1d be low iDcome 1louaiD,. TIle iDteDl_ tbat lbe cooditillD would ultimately
be aati,fied by deeditt, over either to !be City, or a -_...~ _ profit orpaizatillD .,-hie to !be City, three
~ /t:7~f//
lIuiIcI,hIa _ .. could . uIId for low ~ .......;",. He felt" -mtioa - ID ~,-adenIioa
.. jUllified Ibe ID\'iroaIDaDtal impIct of Ibe project. He _ diIlWbed .. it llppeUed there - a prosaa\ to
IIIIbn-tlvaly dIaqe a -mlillD Ibe policy IIIIbn ;p.-c..t ud it IbouId IIave bee put cIeuIy llefore Ccolllcil.
He ..-w-' wily there Deeded to . a r'_~ iD Ibe oriaiDa1-mlillD.
City AJtt:1trWJ Boopard Ilated there Deeded to . _ dlu.. if ,....._ - to . ade. i... .... devaIoper bad
Ibe ripl to defer Ibe duty to IIave a bot..;.., a.. I "AI witb !be City UDli11be fourtb fiDaI .-p ud Ibe iDtaIl -
to def. .. UDli1 !be fifth fiDaI.-p or 1UbIeq_1..... He _1IlIl certaiD there - a -......... iDtaIt to IUbvert
Ibe optillD cneted iD CoDditillD 16. CouIlcil. UIIder CoDditioa 16 bad all optillD iD lieu of teqUiriD, !be developer
to build affordab18 houaiD, provide aDOtber _ of Iud. He fell !be devaloper ~ IIave preferred to daaate ....
Iud. U Ibe City aa1y .-ived Ibe Iud there ~ . Ibe _...... of -WroU-Wy $30.000 to buiJd ..cia lIIliL
Mayor N....lII,-;aar~ wIlfllr ltaffbad takea Ibe pDfitioa..1be Iud bad to. -V87ed to.... City at wIIicIl
poiDllbe City would build !be lIIlill. Tbe iDteat of Ibe oripul -mtioa - .. Ibe .-w)'IIICe cou1d . to a
oommuaity _"1'IDfil OJIaaizatillD tbat miahl IIave !be ability to pt !be lIIlill built.
~il-- Moore ~ wbelber Couacil could _ forward witb !be otber items witb Itaff aUiaI
copi_ of III iDformatillD for otber CouacilD*llben.
Mayor N.... Ilated Couacil could _ forward witb nIOlutillDl .. _ IepUale froIII tbat o-!;!i'lll or jllll
nIOIve it by "viD, !be oripul coadilioa u il _ ud iacotporatiD, il iDto !be nIOIutillDl.
City AJtt:1trWJ Boopud lUted !be developer _led -wroval of Item E. i.e. -Pl>joval of Ibe fiDaI.-p. Staff did
_weal" -wroved \IIIliI!bey werelln!be developer would perform !be otber coadilillDl. 1- D.ddll -~
Ibe, 1IolIIia, iIIue.
Couaci~" Moore questioaed if allY Couacilmeml- diupeed witb 17.2111Odente ~ IIolIIialllllillllD
!be ~Ilite.
Mayor Nader Ilated be did becallle il _ a cbaa.. iD wIlat _ previllUlly acted upoa which lUted !be eatire
affordablellolllia, e1_1 would be utisfied witb a provilioa of buildable _,e off-site for 34l11lill of affordable
IIon.i",.
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May 3. 1994
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RESOLUTION 1'74140n'ERED BY MAYOR NADER, radiaa of lbe IeIt.. WIl.ed, pused and apprllYed
4-1 with Rindo- opposed.
~i1l111mber Moore queIlioaed wbelber tben were otber items tbat could be coaIidered tbat werelepUale froIII
!be Iow/IllOCletate IIolIIiaI requirelllllll.
City AJtt:1trWJ Boopud lUted 1_ A, o,d;..- 2592. paled .... developer Ibe penaiaillD .. bad IIlIl
pnviouIIy bee _leaded to otber devalopers. i.e. penaislillD to lei tbem pay..... pna.rily .... 'AD ..... by
Jivm. !be City IKIIrity witb paY1IIIII1 to . ade oa or .fore .... lint Certificate of Occvpory.
City Maaaa- o-lUted be did IIOII1ave a problem witb a sillly day delay iD pttiD,lbe 'AD ->' froIIIlbe date
of I: ~ T r _ of!be.-p by Couacil or recordalillD. He did IIave a probI- tbat tba:e - a JlIIl'IDlee ..- ..
cou1d . _ ud tbat Ibe fee milbl IlOl acIUIIly be paid \llltil Certificate of ()ceo,p...."y iD wIIicIl - it would
1UllItu~a1ly delay .... 'AD fee. Staff bad adviled IIim tbat they would liIte to Ioak at .... IIDJIIIP for a week
.fore IlIppOIliDJ iL Tbey 1110 _led to talk to !be Pub II llecrealillD Director ud Pllblic Worb Director
nprdiDJ die ~ -, of .... ......... Tbe 'AD _y _ curraady iD die aeptive ud c-ilbad ade
lllIDIDIim.1I tiomlbole fuada.
Couacil..... i' Ir Ri.,........ q\llllioaed wIlat die iDdIIIlr)' IlaIIlIanl - for die par-t of feea. He did IIlIl feel be
cou1d vote for die l"opoIed cbaD.. _til ltaff bad ID apportlIIlity to _iaw iL UaI_ there - · a-
~ .. _ 10 IipificaDl tbat Couacilbad to take IClillD illbould . coaliaued for - week.
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Minules
MlY 3. 1994
Paae 9
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,.. V.!eazueIa, Direclor of Parka A aecr.tioD. IIaIed the SubdiviaioG Map Ad CIlIecI for pa>--I of park ree.
. fi..caJ map. but did Jive f1nibility of paY1llllll1 up to !be builcIiq permillllale. .. llis -y with lUnOUIlCIiD,
citi.ll ill SaD Dieao CouDly il appeared that the pay_I of park feel was ___'.1 - \be board aDd Claula
Villa I\oOd out IS _ of \be CllIIy cities wbere park feel were nquinld prior to fiDalmap ~oo.
City Muqer Gou fell \be ...0r0UI UIIIIercuI \be policy iIIue Itaff - wodciD, 00.
. Fred AriIuctIe. jep. tiII& the Balclwill CoaIp-y. IIaIed be &lOlIId CllIIy NIpOIIII to the pay_I of \be
pub fee iaue. 1bey aeeded to bave \be map fiDalad aD they &lOlIId pull buiIdiD, permill IS aooa IS JIllISible. 1beir
iDteal was to bave the map recorded aexl .-It UIlI preferred 1bere DOl be I delay ..,ardin, \be map. He
IIpoloaized to IIaff UIlI CouDcil ..,ardin, the _fuaioo reaardill& the pa,.-I of \be feel UIlI \be idea that il was
I 1ut miIIute cbaDae. He bad . certaiII \llldenWldiD, ud . lllia-uDdenlaDdiDl about wbat was before CouDcil for
__denliOD. They _ad thaI CouDcil approve 1Iaff'1 ori,iD.! ,......_-d.,;'lll. DOl the DlClifiad recommeIldatioo.
wbicb wOuld permil the paYmeDl of the f_ withiD IiKIY days of CouDcil actioa. bul prior to recordalioo of the map.
M I follow-up they would like to meet with IIaff over \be _ of the DeKI two weeks UIlI return . that time
reaardiD, I poaIpoDemeDt of the paY1llllll1 of r-. They were lookiIIl at ways to .tisfy lIaff's -- relardiDl
_urity. They bad IUCCellfully utilized the postiD, of I hood with the City of SaD Dieao.
MlYor Nader queatioaed wbat the ~ty _ was with \be ord;"'-.
City A_y Boolllrd IIaled 1bere was DO _rity problem with \be onIiIIaoce ill \be CouDciI aaeoda packet. II
_lIIIIaIisfactory to the developer IS they aeeded credit beyoad \be liuy daYI UIlIIIiII bad to bave \be rilht to pull
buildiD, permits ri,bt lway.
Mr. Arbuckle reapoDdad that was correcl. they _led to poatpooe fees. reconIthe map. UIlIIIarl -.tnICIiOD.
Georae Klempl, Deputy City MUII,er. IIatad the Parka A Recreatioo Depart_I was wodciD, 00 I referral from
CouDcil re,lrdin, \be iaaue of payiD, park r- at the lime of buildiDl permill ratber than . map approval. He
bad been iIIfOl1lled that the iaaue would '0 to the Park A Recreatioo Commiuioa 00 5/19/94 with I report '*" to
CouDcil iII_ly JUDe. He felt that report could a110 look . paYlllllllt of \be r- II ooclIpancy.
CouDcilmember POK queatiooad if the City bad any reatridiOllS ill the .,--1 that would allow the City to
determiIIe the proKimity of the COIIlIIIIIDily purpose facility ailes to the project aite.
Mr. Gustafson reapoDdod the CouDcil bad the authority to approve the lpecific lite. 1be illteal ill the orieill.! SPA
Plan was that the aite would be ill the Olay Ranch, _ of the tint villa&ea. 1bat had beeD _paled ill the Olay
Ranch Geoeral Development Plan. If that could DOl oocur iD the developmeDtlime frame for the project. I aite bad
.!aD been deaipaled ill their project that &lOlIId meet the Nquiremenl.
. Tim O'Grady, rep_tiD,the Baldwi11 Company. IIaIed they had identified the aite with the__
of \be EnliDeeriDa and PIanDiII, Departmenll. II was felt it was I reaaoaable aite withiD the project bowIdariea to
provide auch . facility. The illteat was to provide il off-aite withiD the Itancb.
City AIIorDey Booaaard IIated _ tbou,h the ordillaDce would DOl take effect UDtiI thirty days Ifter the aecoad
nadin" the ~ was that CouDcilwas approviD'l policy dial would be available to aU devalopen of defeml
ad that IIaff would admillillralively apply the policy.
ORDINANCE 2592 I'LACED ON I1RSI' READING BY MAYOR NADER, .... " Ihe tat - walftd,
pIIIIICI ud appnmd wwnImouaIy.
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City A\tonley Boo,aard _..... W that Item D. be .-IW to read. fint four ... "Developer .".. that
witbout permiaaiQD of lbe CouDcil, would DOl apply for CouDcil approval of I final map eoveriII, the 200th lot
withill the property to be lUbdividad UDlil the City IIIlI developer "va .....s iDto an Affordable HouaiDc
~ /?J- C?
Aa.~ I ia ___ willa Caadilioa 16 of lbe o-nI DeveIop-' PIID _ SPA PIID". He IlIIecIlbat
1laIdwiII-W .... eo "1"'1'-' ID lbe cIaIDJea ia lbe ..._t.
Mr. O'Orwly III/eCIlbat -W be ~Ie if it _ lbe 2Ul. lat clue to lbe _y lbeir .,...-.,. 1m. - let
lip. It _ 1Illicip-.... lbat lbe _1Ia .-p -.1d be before CouDril ill five to Iix _daa.
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MilI_
May 3. 1994
PIle 10 .
. Kim ltill.-...."...... UilI.lbeBalclwio Compuy.llIIecIwb.lbetbree_ ~_..rl:......
lbe .....lioa _lbat lbe tbree __ be provided widWa Olay RaDda. ne problem lbey IIId __.red m-lbeo
wulbat it _ DOt widailllbe City of ClluIa Villa _ DOt likely eo be widWa lbe _t lis _daa. ne lpICifk pIID
_ IU1lcIiviliolll-.1d DOt be IppfOVed ill lbat tm. ma. _ tberefore tbere -.1d DOt be alplCifically iI*Ilified
IluiIdlble lat lbat -.Jd be _red ID lbe City 01 a daird put)'. 11Iey -.Jd eoter iaID a _u.et eo do lbat _
dae Olay RaocII 0-.1 PIID IIId lIDauaae tbat required them eo do lbat. 10 tenIII of bud _ Iut .wit)'. lbey
Ud DOt'" IbIe to pve lbe City lbe lat, uaI_ lbe City -.ld be lIliIfied willa a CcmaIDt.
Mayor Nader felt there were aeveralle.a1 clevicea tbat -.ld comply with the &pirit_ -.1d be biDdiD. providiD.
lbe CouDt)' a1Iowed them to do ua)'daill. oa Olay Ruacb. He did DOt feel it _ fair to IIave buildilla penllita IIe1d
lip _ a -.lilioa Balc1wio _led to fulfin.
MSVC (NUer1Moore) to _md die .-- approftd b, JlISoIution 17476 to rad lint four 0-.
~"oper ...... dlat without permission of die em.nrlt. would not appl, for CouadI appr'OYlI of a f1aaJ
map co.ain8 die 200th 101 witbla die 111_11 to be lUbdiylded until the City aDd deYeIoper lIaYe ......
iDIo ID Afl'onIable Bouslaa ,,-. _.-I iII--.e willi Condition" of the G-.I DeYeIopmmt ...... aDd
SPA """".
)IS (NadlrIFOll) to ammd JlISoIution 17475 to rad, ....e 13C.%. Iane....e In the iDdented ICtlon rad
"DneJoper ...... dlat without permission of the Council, would not appl, for CcMnoeIl appro.,1I of a rmal
map co"lrina the 200th 101 within the property to be IUbdi.,lded until the Clt, and deYeloper IIaYe ......
illto ID Afl'onIable Bouslaa Aar-mt ill accordance willi Condition" of the G-.I DeYeJopmeI't ...... aDd
SPA """". .
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CouDcil_mber RiDdoDe queatioaed what tbe iII_ iDeome rate _ oa the PAD fee. He further ~ what
dae li_ -.ld be tiDal tbe ori.iDaI propoaaI for the fourth map to the occupancy.....
Mr. ICNmplllllecllbe iDeome rate _ -Wroximate1y 4. + I.
Mr. Xi~y I'IIpOIIdecIlbat they typically c:oostrucled a produetloa lIIIit '*- five _ lis _tba.
CouDciIDmber ';..........1lIIecI if it were Iia DIODtba. OD $170,000 at 41 it -.ld aa1y be $3.400 _uaIly.
VOTE ON AMENDMENT TO RESOLtTI'lON 17475: approftd __0IIII,.
RESOLtTI'IONS 17475 AS AMENDED. 174" AS AMENDED. AND 17m OFFERED BY
COVNClLMEMBER BORTON. ..diIIa of die tat _ WIi.,atL
C\II'-'I. ........ MClIn IF""';' ~ wIIat the _t atep -W be. i.e. -.1d lbe appIic:aDt _ .." owtl-IIlIID
DIIO"i.t...
Mr.1CnIaIpI NII1latT~ lbat _--=t.
CouttciI-"'" FOll qI*lioaed if it _ pouible daat the i_ -.1d be brouabt blIck for Council c .' Mratioo
of defemI of .... Illti1lbe OCCl'pl'nr.y .....
Mr. ICNmpIIlllecl it _ a pouibilit)' for eoa,.;dentioa of future .-pa. but it _ 1tiJ........ ['.....ilIIlbat lbey
_led to NCord the ..... .-p _ it -.1d ... the -.litioas approved by CouDril.
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MiIlutes
May 3, 1994
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CouDcilJDaDber MOOft queIliODed if die 34.4 Ullill of affordable bouIiDJ bad beea _led.
Mr. Leiter aIaIed ,he ClIIIIditioa teferred 10 die SPA Plallmad would be die buis of DeJotiaIiCllli.
"ayor Nader aIaIed il _ uaaettled a1d1e cumDI time.
Mr. Xilkealley ~ !bal wIleD die projecl_ oripully approved die BaldwiD Company made a commilmeDl
10 Ibree ac"" mad dley atood ready 10 II')' 10 provide 17 IIIOCIenIe iDcoJDe bouIiDl lIDilS oa aile, bul be beard
CouDcU'. pnfenace for Ibree _ off-aile.
Mayor Nader aIaIed CouDcil bad approved a lIIOIioa aeveraI yean IJO rqardillldleir pnf_oe for duee acres off.
aile. It _ \IIldenIoOd a1!bat time !be developer would fulfill tbeir requiremeot by !be City aerciaiDl!bat optiOD
ndler Iball by requiriDJ !be lIDilS be build oa-aile.
CouDcilmember MOOR felt !bat abould be clarified ill DO UDoerWD lenDS ill order 10 resolve il for oaoe and for all.
MS (Nada'lHorton) to reiterate prmota Council action thai Condition" should be lulfilled throuah a
promion 01 affordable housina ofl'-aite by way 01 three buildable aens, whether eon..eyed to the Cily or to
. DOD-profil housina llllity approYed by the City lor the purpose 01 buildina affordable bousina unill (34
UDiIl).
CouDcilmember HortoD .tated pale 13.3 aIaIed !be oriliDa! ClIIIIdilioa was DOl aD optioa bul required. If the miDuIeI
were differeDl il abould be clarified.
.
M.yor Nader feltlallJUlJe was mi..ml on pale 13.3 in the last parllnph. WheD chanica iD policy were beiDl
IeCOmmeDded the oriJmal Council action Deeded 10 be provided as part of !be t.ckup iDformatioD. He felt the
lDOIion on the floor provided clarificatiOD and allowed the projecllo move forward.
City AlIomey Boolurd UfJed CouDcil 10 appreciate !bat the developer would DOl have a problem as il was a
cheaper allemative for them.
.
Mayor Nader aIaIed die CClIlfusioa was wbelber CouDcil was allempliDJ to Jd _y 0lIl 01 !be developer or
aIlemptinllo provide a public benefit. Hi. 1011 was DOl 10 locus oa !be dollar amounldle City received from die
developer. but 10 focus oa bow maDY truly affordable bouIiDJ lIDilS the Cily would be able 10 provide 10 families
iD the RlioD and aI what _ble COlt. If dley could JelIbem provided more efficienlly. with Ieaa burden 10 the
developer, aDd more favorable impacllo thole iD!be community iD aeecI,!bat_ wbaI he wanted 10 do.
City AlIomey JIooaaard felt he Deeded 10 adviae CoUDcil as 10 die feasibility of Jeltinl!be projecllbroulb -'-
equity. He was _ware of aDY feasibiUty atudy oa beiDa able 10 do 1baI. CouDcil Ihould kDow IbaI if they were
aettinJ Ibree _ of land bow maDY bouIiD. lIDill coukl be aclIieved IbrouJb -'1qUity -' if they wanted il
ill !be City or oa land IbaI _y aever oome iDlo !be City. Staff did DOl kDow if dley were beiDJ directed 10 accepl
Ibree buildable _ in OIay Raacb IbaI were DOl _ed 10 !be Cily. If CouDciI foreclOled thole options by
dinctinJ ataff withoul atudyiDJ die w< t'lo amica mad where it _located CouDcU -y DOl have !be policy atudy dooe.
Mayor Nader aIaIed DO policy atudy _ directed. c-U asked for duee buildable acrea for affordable houaiol.
Illlad beea diacuaaed IborouJbJy two ,..... IJO -' IhoIe -- were raiaed by ataff aI 1bal1iIIle.
SUBSTm.rrE MOTION: (Mo<<eIHortoII) 10 direct IIaff 10 Iadude the pi Hmt IIIOCion wilbiD the lIIIotiations
wIdt the applicant II1II briDe back the pro'. uti _'.10 the CeII....1 w1lbiD the time Inme 01 the total report.
Mr. XiIk_y aIaIed il would take approsm.tely aia to lipl _Iba for die aiath fiDallIIIp or die 200tb Jot.
COIIIIeil-'- FOll qt_inNld wheIher aia ~ could be included wilbiD !be lIIOIion.
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MiII_
May 3. 1994
Paac 12
~I_" Moonllll8d il would be bnJupt bEt wilb die oIber report lIIIlI aIaauId be wilbiD die aia ......
Mayor N.ser IlIIed be did DOt feellbIl _ rm 011 die developer, CouDcil, f>I' die cia- fur wbom die alfonlable
IIouaiDa ... I t _ deai""". They weN at a ..... wbere there _ . ...lIIive IIlIp wilb die c:aadilioa iDcIudecI
lIIIlIa cIeveIoper pnpariD. fur lJIb-;oai'JII of fiDallIIIpI wilbiD die _I aia 1IIllD1ba. He did DOt _ wlty IbaI abauId
be delayed furtber.
('9'~1 L... JUrI-- ......iOP ~ ,.lIllMr die appIicao' W . pnlbIem wilb die . ..... IIIOtioD . die ftcIOJ'.
Mr. rm,_~..... ca.... IbaI be felllbey -'d .-~_ UDder..y Illen1a1ive, but fell it would be _ clear to
provide UDder die illililllllOtioD.
VOTE ON SVBSTITVTE MariON: appro.... 4-1 with Naclll' oppaeed.
. . . C,"~II- ~ to CIoIed SrwlII at ,:25 p.lD. ud _'filled at 7:03 p.... · · ·
14. REPORT EAST ar A Y MESA SPECDlC PLAN . The Couaty of SIll DieJO
ia _dy proceuill. . Specific PIaD for Eut Oley M_. The City bu previouaIy raiaed - ....ardiDJ
traffic, traIIIpOItaIioo facility fiDallcill. ucI p1wiDa. jobalbousiD. ba1aDce, ucI biolOJY. The Couaty Board of
Superviaora ia acbeduled to take lIClioo 00 !be matter 00 5/4194. SlIff ~ IbIl CouDcil review lIIIlI eoforce
a fiDaI .. of CO_II to be forwarded to die Board of Superviaon . die 1IIaIler. (Director of PIuuJiDa)
cw...-1 rnllll the meetlIIc of 4126194.
Robert Leiter, Director of PlatmiD.. IIII8d iliff bad .... wilb !be -a-a iliff of die PlatmiDa ucI Public
Worb Depart_II aad bad aaoIber meelill,lCbeduled for laIer ill !be~. The City Maoaaer _ lCbeduled
to meet wilb !be Deputy CAO 00 MODday. SlIff _ coaliDuiD.to reeolve the i.-lIIIlIlIoped to JO to the Board
of Superviaon wilb a _ apecific nICO",--t..,'JII.
MS (RiadoaelFOll) to appro'f' lUff __tIOnS '1 ud 12: 1) ClDIIS1II1 with c-a, aecud'f' lUff
reaardiaa __ tnDsmilted prt'fiousIy to the County If SuI Dilao I'lanninI C.......=-=m; and 2) ......ul the
Ietla' to the County Board of Supenlson (Ittacbment 2). wbldJ ........ that the Board poItpll'lt fInaJ adIoa
en the East Olay M_ SpecirlC PIaa to eaabl. the City ud c.ny to .~ ClII_" with the II1II"
CIlIIIta1DecI ill the YIIIII EIR II well II palic1ea COIItaIned or laIdJw ill the East Olay .... SpecIfIc PIaa.
Mayor Nader ...-uoaed if the propoaed Jetler _ ..y dirr-t !baa the Jetler before CouDcil Jast ~.
Mr. Leiler IIII8d die _I reaardill. bioJOJY W beeo .---' .. it W beeo lIued 00 prevIoua illformatioa.
Staff did verify IbaIlIIIlI added adcIilioall policy laDauaJl nprdiD. WoJop. Ja adcIilioo.dIe _...... -A....... at
!be eod of the Jetler _ made __ apecific II to lite cIwl,.. iliff _ ~. ill their p1aD. Tbey did
follow !be _ JiDe of th;....'''. iDcluded ill !be fint Ieaer. The Couaty iliff did DOt ltave . problem wilb
.......,...-.1..;00 '1. but there weN _ i.- reaardiD. the NquiNmeol fur. Facility PItaaiDa ucI FiDaaciD. PIuJ
IbaI they W DOt .-:bed .,.-' ..
Mayor N.. ......~ wbeo it _ ICbeduIed for review by lite Board of Supervimn. He furlber ~ if
ayIbiDJ _ added to lite Ieaer reaardiDJ lite .. of public tnalilto deaJ wilb c1r.I....... ud traffic i i ~,
Mr. Leiter ~ IbIl il would JO before lite Board . 5111194. Uader 1_ '1 dley apecificllly m... " ......
IbaI the EIR IItouId iDcIude apecific llliliplioo _ iDcIudio.lloIb lOIdway u...,o.-aa lIIIlI_ ..doIJIOhiIe
InIIIiI iA4Ho_1I aucb II .... lnIIIil facilili. ud traIIIpOItaIioo ........... _.
Mayor Nader queatioaed wlty the City couJd DOt .. IbaI they .-d the Specific PIaD ill _ way to Nquire IbaI
before -.laIive IIIIpI weN approved IbaI the City', __ be~. 1ltaI way lItey -'d _ forward
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RESOLUTION NO. 17279
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT REQUIRING DEVELOPER TO COMPLY WITH CERTAIN
UNFULFIL'~ED CONDITIONS OF RESOLUTION NO. 16960 APPROVING
A TENTATIVE SUBDIVISION MAP FOR TELEGRAPH CANYON
ESTATES, AND AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, on January 19, 1993, by Resolution No. 16960, the City Council
Ipproved the Tentltive Subdivision Mlp for Chull Vista Tract 93-03, Telegraph
Canyon Estates; and,
. WHEREAS, certlin conditions for the recording of finll maps required by
Res~lution No. 16960 have not yet occurred at the time of the adoption of this
resolution; and,
WHEREAS, the Developer of the subdivision desires to hive three of severll
final maps recorded It this time ("First Three Final Maps"); Ind,
WHEREAS, City is willing to allow the recording of the First Three Final
Maps It this time upon execution by the Developer upon, Imong others, the
execut i on of an agreement (" Supp 1 ementa 1 Subdi vis i on Improvement Agreement")
requiring Developer to perform the unfulfilled conditions of Ipproval at a liter
time; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the Supplemental Subdivision Improvement
Agreement to Perform Unfulfilled Conditions of Tentative Subdivision Mlp
approval, known as document number C093-2I6, I copy of which is on file in the
office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chull Vista is hereby
luthorized Ind directed to execute slid Agreement for Ind on behalf of the City
of Chula Vista.
hn P. Lippitt
irector of Public Works
Appr~, IS tj fo
~fi\1
Bruce M. BOOglfd
City Attorney ,
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Presented by
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Resolution No. 17279
Page 2
PASSED, APPROVED and ADOPTED by. the 'City Council of the City of Chula
Vista, California, this 19th day of October, 1993, by the following yote:
YES: Councillllembers: fox, Horton. MOl,re. Rind'Jne
NOES: Councilmembers: None
ABSENT: Councilmembers: Nader
ABSTAIN: Councilmembers: None
ATTEST:
1erk
STATE OF CALIFORNIA l
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Beverly A. Authe1et, City Clerk of the City of Chula Vista. California. do
hereby certify that the foregoing Resolution No. 17279 was duly passed. approved,
and adopted by the City Council held on the 19th day of October, 1993.
ss.
Executed this 19th day of October. 1993.
. Authelet. City C erk
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Minutes
,her 19, 1993
L-oe 6
. Don Wallace. 512 Tamarack Court, Chula Vista, CA, representing Chula Vista Taxi, Itated he wu
ple~..d to He the staff'recommendation but requested tinI. to rwview the dOClllllent and respond in writini.
H. had received the dOClllllent only one hour befJre the meeting and felt there were IOme thlnp he had
difficulty with, not a ,reat deal.
CouncDmember Moore felt staff' had worked with the ownen for months. If CouncD traDed the item, and
Mr. Wallace met with staff' and decisions could be reached, he would be wlllinl to consider it. He had DO
desire to continue the item. He questioned if there were other tui owners present that had DOt been
contacted by staff' (there wu DO response from the audience). It wu time to IOlve the problem.
Mayor Pro Tem Rindone questioned what meetinp had been held with the companies.
Gerald Young, Administrative Analyst I, responded that the lut formal meeting had been in January. When
the proposal was formalized, staff contacted all of the cab companies to let them know the staff report wu
avaUable and to discuss the recommendations with them. Staff was able to contact all but two of the
companies and Chula Vista Taxi wu not one of thOH companies.
. Clint Harless, 288 Broadway, Chula Vista, CA, representing Clint" Conchita Taxi, stated his original
concern wu that the annual inspections would only be held at MTDB. He had been informed by staff that
the inspections would be somewhere close and convenient. He was in full agreement that there needed to
be inspections.
mcUmember Moore questioned what the rational was for increasing the fare rate since the increase in
.~,t1 wu less than MTDB. He also questioned if the anticipated $55 range for inspection included staff
overhead.
Chief Emenon responded that the fare rates had not been adjusted for fourteen or fifteen years. Staff' felt
it should come into compliance. Staff took the City's administrative overhead into consideration when
recommending the fee.
ORDINANCE 2574 PlACED ON FIRST READING AND RESOUTnON 11131 OFPERED BY MAYOR PRO TEM
RJNDONE, reading of the tat wu waived, passed and approved 44-1 with Nader absent.
13,A. RESOUTnON 17278 AMENDING CERTAIN CONDmONS OP RESOwnON NUMBER 16960
APPIlOVING 1liE'reNTA'IlVE SUBDMSlON MAP FOR TRACT 934i, m.EGRAPH CANYON ESTATES. On
1119193. CouncD approved the Tentative Subdivision Map for Chula Vista Tract 93-03, Telegraph Canyon
Estates. The first three final maps for said tentative map are now before CouncD for approval. Staff'
recommends approval of the resolutions. (Director of Public Works)
B. RESOUmON 17779 APPIlCMNG ASUPPLF.MENI'AL SUBDIVISION IMPROVEMENI' AGREEMENI'
REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFtJLI'IU.ED CONDmONS OP RESOUTnON
NUMBER 16960 APPROVING A'reNTA'IlVE SUBDMSlON MAP FOR 'l'EUtGRAPH CANYON ESTATES. AND
AI1IHORlZlNG 1liE MAYOR TO EXECnE SAME '
C. RESOUTnON 17280 APPROYING FINAL MAP OPTRACT 934i. mBiRAPHCANYONESTATES
NEIGHBORHOOD 1 UNIT 1. ACCEPT1NG ON BEHAIJI OP 1liE PUBUC 1liE PUBUC S1REETS DEDlCAn:D
ON SAID MAP, ~ III'lG ON BEHAIJI OP 1liE CTY 1liE OPEN SPACE LOTS GRNn1!D ON SAID MAP
4ND 1liE EASEMENTS GRANI1lD ON SAID MAP WI11iIN SAID SUBDMSlON. AND APPROVING
'BDMSlON IMPROVEMENI' AGREEMENI' FOR 1liE COMPIEnON OP IMPROVEMENTS REQUlIU!D BY
.AD SUBDMSlON. AND AI1I1iORIZlNG 1liE MAYOR TO EXECt1I1! SAID AGREEMENT
D. RESOLtmON 17281 APPROVING FINAL MAP OPTRACT934i. TElJ!GRAPHCANYDNESTATES
NEIGHBORHOOD 2 UNIT I, A.&J../:.Y III'lG ON BEHAIJI OP 1liE PUBUC 1liE PUBUC S11lEET5 DEDICAn:D
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Minutes
October 19, 1993
Page 7
It
ON SAID MAP, Au..r.r lING ON BEHALI' OF nm C1Y nm OPEN SPACE LOTS GRANTED ON SAID MAP
AND nm EASEMENTS GRANTED ON SAID MAP WI1HIN SAID SUBOMSlON. AND APPROVING
SUBOMSlON IMPROVEMENT AGREEMENT POll nm COMPImlON OF IMPROVEMENTS REQUIRED BY
SAID SUBDMSlON. AND Al7JHORlZlNG nm MAYOR TO EXI!Q11'E SAID AGREEMEN'"
E. RESOLtmON 1""'" .APPROVINGPlNALMAP0F11lACI'93-03.l1!L8GRAPHCANYONFSTA11!S
NEIGHBORHOOD 3 UNIT 1. ACCEPllNG ON BEHALI' OF nm PUBlJC nm PUBlJC STREETS DEDICATED
ON SAID MAP. Au..r.r lING ON BEHALI' OF nm C1Ynm EASEMENTS GRANTED ON SAID MAP wmnN
SA1D SUBDMSlON, AND APPROVING SUBDMSIONIMPROVEMENT AGREEMENTPOIlnm COMPLE11ON
OF IMPROVEMENTS REQUIRED BY SAID SUBOMSlON. AND Al1IHOIUZING nm MAYOR TO EXI!Q11'E
SA1D AGREEMENT
F. RESOLtmON 1"".' APPROVING nm INI11AnON OF PIle- ...4NG$ POll OPEN SPACE
DISTRICI' NUMBER 31 ('['EIZGRAPH CANYON FSTATES)
.
Councilmember Horton requested me item be continued until the City Attorney urived.
Clifford Swanson, Deputy Director of Public Works/City Engineer, informed CouncD that me approval of me
subdivisions would not affect the closing of Gotham and Creek Wood Drive. or me area of grading.
City Attorney Boogaard stated Resolution B proposed to change me Supplemental Subdivision Improvement
Agreement which had been handed out at the meeting. The agreement put me non.infrastrUctUre type of
duties of the developer in the Subdivision Improvement' Agreement. The non.improvement duties were
moved to the Supplemental Subdivision Improvement Agreement and obligated me developer to perform all
the conditions of the Tentative Map that had not been performed. to todays date. The developer uked
for me following three changes which he concurred in: 1) with regard to a wet land easement: mey would
do it prior to Council's approval of the next Subdivision Map; 2) Condition 62. required the developer to
reach agreement on affordable housing before Council's approval of me Final Subdivision Map; and 3)
community purpose facility site, it would be the developen duty to provide me City wim an adequately
planned and &oned alternate site acceptable to the City prior to Council's approval of me next Subdivision
Map.
Mayor Pro Tem Rindone questioned what me advantage would be if Condition 62 was tied to me fourth map
Instead of the fifth.
City Attorney Boogaard stated it had been anticipated mat affordable housing would be placed on the Otay
Ranch but, it had not yet annexed. After approval of the next map mere would ItiI1 be approximately 210
more units to secure 34 units of affordable housing. If me developer did not go along with the Affordable
Housing Agreement in a manner acceptable to CouncD. CouncD would not have to approve me fifth or
subsequent maps.
Councilmember Fox questioned if mere was a security provision for affordable I&ousing other man in me
agreement.
.
City Attorney Boogaard responded that when me City actUally had me Affordable Housing Agreement staff
envisioned instruments such . liens against property. He had reserved full cliJcretion for the Council to
accept it and if Council was not happy with it, it would not happen.
CouncDmember Fox questioned whether me provision for an approximate lite for a community purpose
facility had changed.
Tim O'Grady, representing Baldwin Company, stated me CPF .Ite had been mowel away or off.slte at staff
and Council direction. It had always been .sumed it would be provided in Phase I. or VWage I, of me Otay
J!..-J1/p;~
Minutes
October 19, 1993
Page 8
Ranch. Therefore, they had put IUlguage Into the GDP document that obligated the developer to that
condition.
RESOLtTI10NS 17278, 1727S. 17280, 17281. 17282. AND 17283 OPP1lFJ!D BY COUNCLMEMBEIlMOORE.
nadiDa ollbe talwu w.md, puaed aad "I'1"vftCl4-0-1 wid! Nackt .t-no
14. REPORT . RECONSIDI!RAnON Of EXmND[NG G01HAM S'I1tEEJ' TO SEJlVE 11m
TElEGRAPH CANYON EXmNSlON . ~ recently reponed to CoWlcil, residents of the Gotham Street area
have raised terious objections to the extension of Gotham Street. to lerve th, Telegraph Canyon Elrates
Subdivision. They feel that the mension will Increase traffic Uld reduce wety In their neighborhood. On
10/5/93, Itaff Uld a representative of the Baldwin Company, developen of Telegraph Canyon Eltates, met
with 45 residents from the Gotham Street area to cliscuu their concerns. At that meeting, a petition
containing approximately 200 signatures was lubmirtecL Staff recommends CoWlcil accept the report.
(Director of Planning)
Roben Leiter, Director of Planning, Informed Council staff had meet on 10/5/93 with Baldwin and 45
residenra of the College Estates area to address their concerns. At that time the residenra presented a
petition with 200 signatures opposed to the extension of Gotham Street. The applicUlt had Indicated a
willingness to cooperate in considering options to solve the neighborhood concerns. Any action to modify
Ot close one or more of the street openings would require a subsequent noticed public hearing. Staff
recommended Council schedule a public hearing on 11/16/93 to COnlidet closing one or both of the Itreera
providing secondary access to Telegraph Canyon Estates Uldlor measures to reduce the speed on Gotham
Street with legal noticing to be provided to the property ownen Uld residenra within College Eltates,
l;'.astLake Shores, and the Otay IAdge Mobilehome Park.
..tifford Swanson, Deputy Public Works Director/City Engineer, stated if Gotham Street was c10ted there
would be no additional traffic and staff did not feel there was a speed problem. In looking at possible
design., staff did consider things that would Include luch items as a fence with a gate so the fire depanment
could gain access. The roadway would be put in under that circumstUlce but a future Council would face
the same opposition at opening that up.
Councilmember Moore stated if he lived there he would have the same concerns. If Gotham wu pWlched
through, which was a logical extension of a City street, what would the repercussionl be. If there were
repercussions, what would need to be done to solve them. If he was going to vote for a change it needed
to be a winlwin situation.
. Tim O'Grady representing the Baldwin Company stated they felt all neighborhoods benefited if the
streets were put through and the circulation element wu berter. However, they did not want to take a
position and. would work with staff on whatever decision was made.
Those speaking against the mension of Gotham Street due decrease in property values, increased traffic,
Increated noise, increased air pollution, loss of quality of life and security, use of Gotham Street a. a Ihon
CUt for the EastLake area, and wety concerns regarding additional traffic. Speaken felt the initial noticing
was nebulous to lpecific routes and the menaion of Gotham Street.
.
.
Edward R. Bancroft, 1976 Gotham Street, Clula Vista, CA
Dr. R. E. Lacey.Parks, 1961 Gotham Street, Clula Vista, CA. read a letter from Mr. It MR. Ken Smith
at 1638 Gotham Street
Douglas Parker, 1960 Gotham Street, Clula Vista, CA
Gene Marcinkowski, 1975 Kent, Clula Vista, CA
Jon Thornburg, 1901 Gotham Street, Clula Vista, CA
Tom Liebst, 1979 Kent Street, Chula Vista, CA. passed when called
Colleen Corton, 1984 Gotham Street, Chula Vista, CA
.
.
~
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~ /tIJ.J?
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Minut~
October 19, 1993
Page 9
f
. Gary Flannagan, 1944 Gotham Str~t, Chula Vista, CA
. John Hunt, 1972 Gotham Stre'e'I, Chula Visla, CA
. Roben McCauly, 1987 Bucknell Street, Chula Vista, CA
. Peter D. Springer, 1667 Gotham Street, Chula Vista, CA
. Robin Leon, 1923 Gotham Street, Chula Vista, CA
. Colin Lockyer, 1965 Gotham Street, Chula Vista, CA
. JeaMe Wheeler, 2005 Gotham Street, Chula Vista. CA
. Sharon Vanderflague, 835 Stanford Court, Chula Vllta, CA
CouncUmember Fox questioned if the hill Mr. Tomburg felt provided a hazard for U'affic wu from Stanford
to Rutgers on Gotham. He felt the concern should be merred to staff.
Councilmember Moore questioned if the streets in Telegraph Estates were public or private.
Mr. Swanson responded they were public streets. The' subdivider had proposed private but, staff had
recommended public due to problems with private streets. The main entrance in the original plan had a
gate.
.
Mr. Griffin stated when they proposed the private street system they showed the same connections but, had
a gate at one location. When a street was designed to end permanendy it wu a cul-de-sac 10 circu1ation
could get back out.
CouncUmember Moore .tated if there was a public hearing there would also be another group from c:ree1c
Wood appearing. He felt it would be helpful if the re.idents would work with staff and CouncU and appoint
up to five speaken that could address the concenll.
MS (MoorelHonon) to set a public hearing for November 16, 1993 npnIina ~ ~ 01 CDeIt .
Wood and Gotham streets.
Friendly Amendment: (Fox) to have .taff provide alternatives for emergency acceu in die event Gotham and
Creek Wood were permanendy dosed. Apeed to by the Maker and Second 01 the motion.
CouncUmember Moore requested that an actual trial of fire engine response times from Gotham and Olay,
EastLake. and from east "H" Street be included in the repon.
YOU ON MenON AS AMENDED: approved 4-0-1 with Nader u.ent.
......
CouncU recessed at 8:08 p.m. and reconvened at 8:20 p.m.
......
.
15. REPORT UPDAn: ON SOUD WASn: ISSUES AND REQUEST POll PROPOSAL (RPP)
PROCESS POR ALTER.NA11VE WASn: MANAGEMEHr AND DISPOSAL OP'l1ONS . At the 9/21/93 meeting,
CouncU clirected .taff to proceed with an RFP for the procurement of .olid ware management and disposal
options by detennining and recommending appropriate consultant services and identifying funding sources.
Staff had reponed on sill infonnallener proposals from qualified consultant finlIs. Staff has conducted
interviews with all sill firms and proceeded with an evaluation and selection proem which ha resulted in
the recommendations contained in the repon, including a revised .cope of services for a Request for
Qualifications (RFQ) in.tead of an RFP. Staff recommend. CouncU approve Resolutil/ll B and direct staff
to: a) continue to monitor re.ults of the North County JPA proposal. and any interest by neighboring cities
to join in a subsequent process to e.tablish alternatives; and b) return by 12/21/93 with results of the RFQ
process and recommendations for continued development of alternatives. (Administration) .'
p~ / t:J--f:;L
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CHULA VISTA TRACT NO. 93-03
TELEGRAPH CANYON ESTATES
PHASE 2' & 3
NEIGHBORHOOD 3
UNIT NO.7
.
.
..
NE1CHf30HHOOD 2
UNIT NO. 4
MAP NO. 13183
NEiGHBOHHOOD 3
UNn NO, 8
MAP NO. 177&'3
NnGHBOHNOOD:3 r;'NEVln,
UNiT NO, :J I.V8NU'
MAP 1'/0. 1$1$5
NEiGHBORHOOD :;
UNJT NO. .2
MAP NO. n124
t'l
Q
C "<:l'
a $:
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0:: ,.,.."
cO .
t(l:c.Q
::!::: "- o<~
0~!\
ii1:S<<::1
.... "<-
..... )C:.:::;: f
NElGJ.IBORHOOD 2
UNiT NO, 2
MAP NO. 13123
t\-Ot.1>
-
NEiGHBORHOOD 1
UNiT NO. ->
MAP NO, 13137
NEiGHBORHOOD 1
UNn NO. 1
MAP NO. HOffS
OoECT
.~
II
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VICINITY MAP ;
NOT TO SCALE
; N3UB - 127SI0..151PF: UNIT3 510~ O.-JBn-8S 03:35 PM 1025-13.-1
c--~ /dl-J7
AM sr.AlF PLOT NIU.. N~U..
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THE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT
"'-tatcmenl of disclosure of certain ownership interests, payments, or campai;n e<mtributions. on' all mat!eI'S which will tequire
lC3'eIionary action on the port of the City Council, PIamrln& C^",mk.ion, and all other official bodies. The foIlowini information
mU$t be disclosed:
1. List the tlIII1CS of all persons having a financial inlIetCSt In the COIIII'aa, i.e., contractor, subcontraefOr, material supplier.
B,.ldwin Build~ a r~lifnm;a
Cn1J)Onttion
2. If my person identl1led pursuaDI to (1) above Is. co.poradon or pannersb.ip,1ist the !WIles of all individuals owning mo~
!ban I Q%'ofthe &Iwes In me ~n or owning my pannasbip inW'cst in the partDer$hip.
~es P Baldwin
Alfred E Baldwin
3. If any person identified pursuant to (1) above is non-profit orpnization or' tnJSt, list the nam.t;S of my person scrvina IS
director of the non-profit Of!"ni70tion or as 1r\IsIee or beneficiary or 1r\IsIor oflhe trust.
N/A
4. Have you had more !ban $250 worth of business transacted with any member of tile City staff. Boards, Commissions.
CommitUles and Council within the past lWelve months? Yes_ No ...x.. If yes, please indicare person(s)
5. Please identify each ond ~ person, including any agems, employees, COJI$llIt:ant$ or independeDr COI11nctors who you
have assipled 10 rcplC$C1 you before the City in this matter.
nAVe Hammer
Bnnu1c~r and A~~nciaf~
Jack Hill
OP.Yt~r Wil~n
Wi1~on 'F'.noin~nO'
6. Have you mdlor your oftIem or aaents, ill the asgregate, cOlllributed more tban $1,000 to a Councilmember in lhe CIUl'CllI
or prececling election period? Ycs_ No ..x.. Ifyu, srarc whieh Councihnember(s):
lmslm is defined as: . Any ind/llidwJ1. jInn. c~~hip, Joint -or. QUOCIDtiDn, IocW club, frQ/D1Jll1 organization,
tXlf'porari01l, -. trust. ~, sy1ldk:ate, this and any or- cmmry, city and CDIUIlIy, city, lIaI1dcipa/try, dlnrict or otMr politIcal
8UbdivislDn. (11' any on- group or combblatlon ~ at a lI1Ili. .
/t1-:5~~
~~o t)L1 .
Slpfutc~/applicant~
'3~:T. ~(~"",..~~,,,,,,Q;\
Print or type tlIII1e of ~appUcant
(Non): AIIacb additional pages as neccssaI)')
Date: "J""u\..'I Q" I \<1<\5
z:/z:
SOl1d
'01
'WOH~ s~'e0 SS-L0-'nr
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WEN UCON>ED MAIL 'J'O: I
CITY Of CHt1IA" VISTA )
216 fourth Av.nu. )
cula Vi.ta, CA .1110 )
- " )
Mo tran.f.r tax 1. due .. thi. 1. . )
conv.yanc. to. public .;.ncr of ")
1... than . f.. int.r..t for Which )
ftO ca.h con.id.ration baa be.n paid )
or ~.c.iv.d. )
)
)
)
)
)
,
Abov. 'pac. for "cord.r'. U..
4
UeOJUlING JU:QlJESTED BY:
CUy Cl.rk
~~_~ l),~-
D.ve! er
fy-5~()
Fxhibii F
.
SUPPLEMENTAL SUBDIVUION IMPROVEMEN'1' ACUEMENT
~.l.iraph Canyon
(Condition. 3, 4, 30, 31, 32, 33, 34,
35, 36, 10, 10, '1, '2, 'I, 71 and 7')
~hi. SUrPI.~.ntal ~~diVi.io~~proy...nt Arr....nt
(.Air....nt.) . aad. this - day of ~....... , "", ~ .nd
betv..n ~HE CITY or CKULA VISTA, California (.Clty. or -Grant.a.
for r.cordin; purpo... only) .nd otay Viata as.ociat.., ·
California U~it.d partner.hip (.Develop.r. or -Grantor.), with
r.ferenc. to the facta ..t forth belov, which r.cital. DOuUtut.
. part of thi. Air....nt:
.
DCI'fALI
" .
&. !'his Arr....nt conc.rns and .ff.ct. oertdn nal property
located in Caula v.18t., CaU.fomia, .r. particular11 d..cribed on
axhibit -A. .U.ch.d barato .nd incorporat.d ...r.in (-.,.oparty.).
fta "'op.rty is part of . pro'.ct OUh onl1 bDvn .. ftl.rrapb
Canyon <ate. (..,.o,.ct.). .
a. DeYeloper i. the wnar of tIla ~opaz1:1. "
.1\.~iY\tc..UFP2.VP
MOYuMr 2, lIU
8\lpp. 8U for ....l.rr.pb Canycm ..tate.
'a,a 1
,',
~ /t:7-~?
R.a~~~&
Le\. ..2..1'
. .
,
.,
. C~ . D.v.lop.r ba. applle~ for.an~ the CI~y ba. approv.~ a
,.ntaU"e lu~cUvblon Map couonly ..eferre~ ~o a. ,.1e;raph Canyon
z.ta~'" Chula VS.u 'J'ra~t 13-03 (.2'.n~aUv. Sub41vi.ion Map.) for
the .uWividon of the #rop.rty.
D. . ~e Ci~y ba. a~opte~."olutlonllo. 1"'0 C....olutlon.)
JUr.~ant ~o which It ba. approve~ the 'l.ntatlv. subdlvl.lon Map
,u~'ect ~o' c.rtaln con~1 Uon. a. .or. parUcularly ....cribe~ In the
...olutlon. 'h. ....crlpUon of the con~IUon. in ~I. ...=ital
..cUon of thh A;r....nt 1a int.ndd only ~o ew=ad.. an~
paraphr'" .uch condition. In the ...olutlon, an~ i. ~ot int.nd.~
b.r.in ~o .o~ify or axpl.ln the., and i. ~ot intand.~ a. . ...1.
for interpreUn; th... . ..
Z. Con~it1on 110.. J and .0 of ~ha ...oluUon ..a;dre.
Dev.lop.r to parform c.rtaln .ltIV.~lon ....ur.. ~o the
.ati.faction of the Dir.ctor of Pl.nninv, and ~o cau..
impl...ntaUon of .iUVaUon ....ur.. ~o M .0nitorelS via the
approv,~ Mitivation Monltorlnv Pro;ra..
,. Condition 110. 4 of ~h. .asolution ...;ulr.. Devalop.r ~o
althar (a) co~piy with, ..e.ain In compli.nce with, anlS tapla..nt,
the ~.rm.,condiUon. .nd provldon. of the 'J'ale;r.ph Canyon
Z.t.t.. G.n.r.l D.v.lop..nt Pl.n, s.ctlon.l Plannln; Ara. Pl.n,
M..ter Plan of It.dal.d Water, Water Conserv.Uon Pl.n, Air
Quality l.prov.~.nt Plan and the Pu~lic ,acilitl.. 'in.ncln; Plan
approvalS by the Chula vs.t. City CouncU (coll,cUvely, ~he
-2'ela;raph canyon Plana'" which are appllcabla ~o the Proparty
,rioI' ~o approv.l of any final .u~~ivlalon ..p C-,lnal Map.), or
(b) anter into an avre..ant with the City, provldlnv the City with
.uch ..curity (lnclulSlnv ..acordaUon of covan.nt. nnnlnv vlth the
1.nd) and 1.p1e.antaUorl proodura. .. the City ..y ..a~lre,
a..~dnv ~hat, after approval of all 'lnal .ap., Developer Ih.ll
continue to co~ply with, ..e.aln In compl1.noe vlth, anlS1apla..nt
.uoh 'ele;r.ph canyon Zatat.. Pl.n..
. G. con41Uon liD. U of tha .e.oluUon ..a~l..a. the Devaloper
~o inat.ll ~.n.l~ ...nltlaa on aoth .ld.. of O\8Y &Aka. 1tO.1S .t
the ,ro'ec:t antry or appropd.ta .1tal'ftlUva loc.tlon .. .pprovalS
a.y the City 8I\vlna.r. S'Z'.ndt ...nlUa. iftcluda anat ara .ot
n.SalS w _noba. and/or ahal~WI and .ra .u~.c:t w approval a.y
~. cl~y 8I\v1n..r. Davalope.. .,. ..a~ll'81S to ..y ",000 ...h .
..pollt w the Cl~y prior w t.ba approval of t.b. fU'~ 'inal..P ~o
fanlS ~anal~ ...nIU" wan ntp1l'all, nHl~ .f Wbl- ...
~all.
B. Con41~lon liD. l' of th. ...olutlon, ""lob va- aUla~ant-
ly...nhlS ~ .e.olutlon liD. an,., ..alldralS ~.t, prior t.be
..acor41nv of the final ..p, tha Devaloper v.. ~o ental' 1n~0 an
.;r....nt vlth City ~o .oDlt ~o ..a of ..acl,laall. .,~ar .t t.b.
.
'1\aU41Y\~oa'1IPP2.vp hpp. au for 'J'ala;nfb canyon ..uta.
.0YDber I, IfU ~ lo-sr. ..,al
"
..arlle.t .po.slble date anlS to .ake all ..ac:l.l..1S v.tar ..e oonfor'll
to ~e applieabla ..a;ul.1:1on. of Cbul. vhta, .e;lonal .atar
QuaUty c~ntrol Soud .nd ~a 8tata Depanaent of ...l~.
. J. IConlSl1:1on .0. n] City .a. .doptad City...,id. wrovth
.ana,...nt -~..hold.", .. ..tablished by City ...oluUon 110.
133.6 ("~hr..hold.")' ~... ~hr..hold. ..t.bli.h partoraane. .n!
-quality of 11f." .t.nlSard. for a vari.ty of ..rvle.. .n4 iapaet.
which .u.t be in .x1.t.nc:. 01' .aU.Uad by th. fto'ac:t .. a
oon411:1on to th. city pandtUn, th. fto'.c:t to be wilt. In
alS1S11:1on to ~e ~hre.hold., .nd .. . .echanl.. to lnava ooaplbnce
~ar.vi1:h, the City".. .lSopt.4 th. ...tern Chula vl.ta
ftan.portaUon Phadn; Plan ("phadn, plan"). ft. .Iladn, Plan
provide. that oartain tran.portatlon facl11tla. .u.t be in
.xl.tence or provide! by the Pro,ect .. . oon41tlon to th. city
p.rmlt1:1n; the pro,ect to be built. ~he ~e.hold. .nd~. Phadn;
Plan ..tabli.h .tan4ard. an4 lev.l. of .ervio. for varlou.
UentiUelS publio faciliU.. an4 ~..e .tandard. .n4 l.vel. of
.ervloe ar. .nforc:elS throu;h the vi1:hholdln, of bul1'ln, parmlt.
wh.n th. public facility or ....ove. .drop. belOW . .p.clU.d
thr..hOld. condluon No. 30 ...qulre. Dev.lop.r to .;r.. to ooaply
vl1:h ~. ~hre.hold. and .tandud. cr.atad by City ...olu1:1on
110. 133.6 .nd ~. Pha.ln, Pl.n.
~. ConlS1Uon No. n of ~. ae.olution ...qu1ra. Develop.r .nlS
city to co~ply vlth the ...qulr..ant. of th. ...t.rn Chul. vl.ta
ftan.portation Pha.in; Plan anlS ftan.portation Dev.lop..nt Japact
I'e. pl'o;r.lII.
It. Con41tlon No. 32 of ~e a..oluUon i.qulr.. Dev.loper .nlS
City to .nt.r into .n .'r....nt vi~ the city Vb.rain Dev.lop.r
.haU &'1'.. to ftot prot..t the formation of (1) . ..lntananc.
d1atrict for ~a aalnt.nanc. of lanlS.caped .edlan. .1\lS .can1c
corridor. alon; oertain .tr.at. vi1:hin .nlS .lS,ac.nt to ~. Pro,.c:t,
.n4 (11) .n ........nt dl.tric:t for th. ..lntaM1\o. of hl.;rafh
Canyon 1'1004 control Channel. .
. . .
I.. Con41Uon 110. J3 of the ...01nlon "lI'Iu.. th. DeVelop.r
.na Clty to .nter into .n .;r....nt wberaln Developer .;r... to ftot
prot..t the foraaUon of .n4 includon in . COD\lftity .ao11U:y
Dlatdct to finane. eonab'\ll:t1on of stat. aouta UI. .
.. Conaltlon 110. ,e of th. ...olution "fI\IUa. th. Developer
to ent.r into an .;r....nt to lft4unify and .01d I\Ual... th. City
'I'D .ny o1aiu, .ctiona H .rooa.411\9. .,a1nat th. City to .ttacb,
..t .dd., Wid H annul any .pproval ., ... City nUl "'art to
tIl. hl.;raph canyon ..tat. hWlv1alon. ...
II. Con41tlon 110. II of ......olutlon "tIlu.. Ul. Developer
to ent.r into .n .;r....nt to I\old th. city ..nl... 'rea any
.,\.ub41v\tO.1I\lPP2.VP aupp. SU for hl.F.ph C&ft)'On ..tata.
lIovubar a, Itn ~/tJ~JI1 ..,. J
'6
UablUty for erosion, aUtation or 1ncr....d ~low of drainage
~..ultlng fro. the .ro,.ct. .
. .
O. Condition 110. " of the ...olutlon ~.qulr..~. Dev.loper
to .nter into an agu...nt wUh th. City C.1ating to~. provisIon
of franchl.. cabl. t.l.vl.lon a.rvlc.. a. aor. particularlJ .et
forth in Condition 110. at. ..
... .Condition 110. 10 of ~e ...olution r.quir.. the Developer
to au1mlt to. the City annual buUdlng p.ralt ~.port., vafUc coat
analysi. and ~isca11.pact analysi. on th. t.ras ..t ~orth in .sid
condition 110. 10. .
Q. Condition 110. .1 of ~. .a.olutlon ~.qulra. ~e Developer
to d.dlcate.and ~ecord an open apaca .a....nt on a alnlaum of .1
acr.. w.tland. a..oclatad with a larg.r w.tl.nd. ar.a on the otay
"nch prop.rty in a location approvad by the Oir.ctor of 'lannlng.
.. Condition 110. 12 of ~. .a.oluUon, Which wa. aub.equ.nt-
ly a.ended by ...olutlon 110. 1'2" ~aquira. ~at prior to approval
of a final .ap by the City Council, ~a Oavalopar to axacuta an
affordabla hou.lng agrae~ent In a fora aati.factory to tha City
providing for J4.4 affordabla hou.lng unit. on the ar.a of ~a
~.ntatlv. Map cov.r.d by the tater rinal .ap., and in accordanc.
with Condition 110. I of the ~alegraph Canyon E.tat.. GDP and IPA
Plan Ca..olutlon 110. 1"'1) prior to the ~.cordation of any Latar
rinal .ap. for the pro'ect.
. I. CondiUon 110. II of tha ...olution, Which va. .ub.aquant-
ly a.ended by ...oluUon 110. un. ~aqulra. Developer to anter into
an a;ra..ent with tha City prior to tha ~.cordatlon of the ~O\lrth
rlnal .ap Caa deUned In tha a.andin; ...olutlon) provldln; that
Developer will oau.., con..nt to, peralt, apply for, and not oppo.a
the planning or ~aplennlng and aonln; or ~'Ionln; of an Off-aita
parcel C.) a. a Community Purpo.e racilltl.. alt.. aald off-.it.
parcel (.) ahall be aaU.factory to th. City and of the ....
approd.ata ab. a. ~at which..y b.va ..n ~.IJu1~.d on-alt., and
au.t be owned by the Develop.r, . within th. ,urbdictlon of the
City and otharwi.a be within th. Ylc1nltJ of the ,ro,.ct and
.ub,.ot to tha aatl.facUon anll approval of the motor of
'lannlng. otharwla., Dev.loper i. to .ubalt a ..vi..d IPA .1an and
hntatlv. Map whlob provlda. for aald alta .,ltbin the nWlvia1on.
1'. ft.r. .r. ..rtaln Mbar tlftparf....d ana "u1l111.d
eon41tiona of aaid 'fantaU..Map, .uob a. COndiUon.loa. '1 and U.
W. CltJ ia .,1111n" ~ the praia.., ..lNl'ltf, .... and
eondltlon. bar. In contained to approve th. ~~at thr.. ~1nal "p'
~or which Develop.r baa .ppU.d OOUlonly Down .. 1.1ahMrbooll 1,
Vnlt 1, llai,hborbOod a, Unit 1, and llai,hborbood I. 1Jnit 1 (.ruat
.'
at\~ly\tc.aupp2.wp
IOYaabar a, 11.J
8\lpp. aD ~or l'al.;rapb c:aft)'Oft ..tat..
'. . ..a,..
~ /.(J/dlJ . .
~r.. F!~al Maf.S-) a. ~ln; in .Ub.tantlal conformano. with the
~.n~a~lv. subd vi. ion Map 10r th. t.rritory cf auob Fir.t Sbr..
Final lIap.. '
"OW, '1'HD.EFOU, in exohan;. ~or the autu.1 cov.nant., 't.ras
an4 condition. b.r.in contain.4, the ,.rti.. agr.. a. a.t forth
~low.
.
1. a'r....~t appl1o&bl. to .Ub.ecu.~t o.a.I'.. '
1.1 a;r....~t alau., ",.~ .1I......ra. fti. Agr....nt
.hall ~ bln41n; uponan4 inur. to the ~n.fit cf th. .11000..01'.,
a..l,n. an4 int.re.t. of the ,artl.. a. to any cr an of th.
~op.rty until rel...e4 by th. .utual con..nt of th. ,erU...
1.2 a,r....~t alIA. yit~ t~e I&~I. ft. burd.n cf th.
cov.nant. contain.d in thl. A;re...nt C-.urd.n-) Sa for the ~n.f1t
of the lan4 own.d by the Clty .4jao.nt to th. ~opert)'. ft. a\1rd.n
touch.. ..nd concern. tb. Property. It i. th. int.nt of th.
,arU.., and tb. parU.. .;1''', that this cov.n.nt .b.n ~ bln41n;
upon, an4 run wlth, the own.r.hlp of th. l.nd which it burd.n..
!'h. lurd.n of th'1a A;r"211.nt .ball ~ rel....4 fl'OII titl., a. to an
indivldual lot or unlt withln th. proj.ct upon th. ..1. of any lot
improv.d wltb a r.sid.nc.. If r.qu..t.4 by Dev.lop.r, City .hal1
.xecut. a qultcla12lll'el..s1n; th. lurd.n of thi. Agr....nt frOll th.
'ltl. to any .ucb lots. If D.v.lop.r a..lln. any ,ortion of th.
nop.rty .\1b~.ct to th. a\1d.n of this A;r....nt, Developer .h.U
ban th. rhbt to obtain a r.l.... of any of Developer'.
,obli;atlon. und.r this A;r....nt ,rovld.d Dev.loper cbt.in. th.
. I'd or wrltt.n con..nt of the City to any .1Icb rel..... City .h.U
not wlthhold It. con..nt to any .uch r.qu..t for a r.l.... ao Ion;
.. the a..l;n.. d..onstrat.., to th. r.a.onabl. .atisfactlon of th.
Clty, it. ability to p.rform it. Obll,atlon. und.r thl. Alr....nt
a. it I'el.t.s to th. portion of th. proj.ct whlcb Sa ~1n, aoq1l1r.d
by th. a..l;n...
a. c.~UU.a ... I pi 10 -IllU,.Uoa ....v... Developer
"'al1, at th.il' .01. co.t and axpan.., i.pl...nt all .lti,atlon
....ur.. r.qulr.d bY ...oluUon Mo. 11160, and in ..rtlC1l1ar,
a.ctlon IX, a. ancl a.ctlon VlI, COndition .0. '0, 'W th.
.aU.faction of th. city and ...an !apl...nt or _11.. W ~
iapl...nt.4, at thelr aol. co.t and expona., th. Illti,aUon and
aonitorin, ~ovr" "quirod by ".olution Mo. 11~10, ..DUon SX. D.
I. ..aUU.. ... . - ...U.... wl" 11.... Sn .atl.faction
af condition Mo. . af th. ...oluUon, Developer baraby ..rtUi..
th.t Developer Sa nn.ntl1 in ...pUano. with and a~.. W
Ca) r..ain 1ft oOllpUano. with, and lapl...nt, tb. tona, condition.
an4 ,rovision. of the hl.graph canyon &aut.. Ilane prior to
approv.l of any .inal ..p, ar Cb) agr... W provide tb. ,City with
at\~lv\tO..upp2.y'p
MovuMr a, un
aupp. au 'for l'e1.graph Can)'Oft ..uta.
. t::' ~ · ..,. I
~~ /c:J--"'/
.. . _.~ ....
..
.
.uch ..cudty (inclu41n; recordaUon of covenant. runnln; wlth tha
lanlS) anlS iaple..ntaUon I'rocadure. a. the Clty aay re;ulra,
a..ud!); that, aftar approval of Flnal lIap., Devalopar .hall
con~ln",. to co.ply wlth, ra.ain in complianca wlt.h, .nd Ulpl.aant
.uch ~ala;raph Canyon .1an.. Dev.lopar .hall bav. .atlI11.1S it.
o~ll,atlon. to oomP1Y wlt.h the ~.la;raph Canyon .1an. .0 10n; a.
Dav.lop.r reaaln. in .~.tantlal co.pllanca wlt.h tha action .lan
for bpla.antaUon of the 'lal.;raph Canyon .1an. .et torth on
Ich.dul. "-attach.d bereto .nd incorporate IS bereln.
.. Co~UUo~ .0. lC _ fta~.U aaulUe.. Devaloper .han
lnatall .uch tran.lt a..nlUe. on ~oth .ld.. of otay Lake. "alS at
tha pro,.ct antry or approprlate alt.rnatlve location a. approv.d
~y th. Clty En;ln..r. ~andt ..anlUe., a. the un ia ..&IS
b.reln, ahall includa, nt .hall ftot M 11.1ted to, Mnch.. anlS/or
ahaltar. and ar. .u~j.ct to approval ~y tha Clty In,ln.ar. Clty
acknovl.d;.. r.cdpt from t.ha Davalopar of 15,000 a. a caah d.podt
to aacur. Davalopar'. ,ro.l.a. in thl. r.,ard.
I. co~Utloll .0. I' - ..d.bee wat.r .... Dev.lopar
b.r.~y a,r..s to Install r.clala.d w.t.r ,lpln, In .uCh loc.tlons
a. clty ahall r.qulre,'and at auchtl... a. Clty ahall...;ulr. ....
durln; t.h. con.tructlon of th. infr.structur. for th. .ro,.rty.
Dav.lopar furt.h.r a;r... th.t 1t and it. .ucc...ora In 1nt.r..t
ahall us. reclal..d wat.r at th. aarll..t ,o..l~le d.te .... i.
r...on.~lY ava11a~le at auch ,dee a. Clty .h.n d.t.nln. 1.
r...ona~l., whlch .hall at a alnl.uJD M understood to ...n at 1...t
th. ,rlc. of ,ota~l. watar. D.v.lopar .hall oth.rvl.a M comply
with .pplica~l. r.;ulatlon. of Chula Vl.ta, .a;ional wat.r QUalIty
control loard and th. .tat. Dap.rta.nt of ..alt.h a. to th. purch...
and u.. of r.clai..d w.t.r. . .
I. COlllSltioll .0. It - .uil.i~, ..nit. .ot .. I..U. ~il.
~br..'ollSl D.Ud.~t. In ..tbfacUon of CDn41tion .0. 10,
Dav.lop.r a;r... a. follov.:
'.1 Devaloper bar.~ wrant. to th. City th. rl,ht .0
wlthhold ~uUdln; panlt. for any dValUn, anla on'" ~opIrty at
8\lob u.. a. any on. of '&b. following occur. . .
. . 0
'.1.1 ftafUo vol..., l.vel. of .vvl..; "plio
tltlliU.. and/or ..rvlo.. axo..d '&b. .tandu'.. tor thOl. .a..d
City ftra.hol.. 14.ntUl.' on lob.4ul. lata_all .....to anA
iaoorporat.4 b.r.ln' or, '.. ..
. '.1.1 ..;lonal ..valopa.nt ~01' l!ala
!.entitla4 en ...t Chula VI.a lJ'rana,onaUOn ftUlnI ~lan,
lob.4ul. I, atach.d bar.to and wortorat.1S bar.1ft.
o.
a:\.Ubllv\t....pp2.WP
IOY.-h&r I, 1..3 .
hpp. IU tor ...l....a", canyon ..t.ta.
~ /LfJ--~;;Z. .a,a'
c
."
? "co~5itioD .0. 11 - co.pllaaoa Wit. .a.t.rD ~~la ~i.ta
.~a~.portatio~ W~a.i~; W1aD a~5 ~ra~.portatloD Devalo,..~t Zapaot
... Wro;r... I\'I .atisfaction of Condition 110. '1, Develop.r a;r...
that it .hall ~o.ply with the r.q~lr...nt. of the r.vi..d ...t.rn
Cbula Vi.ta !Tan.portatlon .ba.ing 'lan and !Tan.portatlon
Devdopa.nt Impact .... ho;ra. or a. .dd dOC\lll.nu .ay M ravhad
M.d on the concludon. of the H.II.".8. .tata ao~te au ~inanclng
.tudy. .. .
. I. CODUUO~ .0. II - .0 .rot..t of ..i.t....o. a1&tl'lot or
........~t ai.trict. In .ati.faction of Condition 110. '2 of the
a..olutlon, D.v.lop.r .nd th.lr b.lr., ...ign., transf.r..., .nd
other .ucc...on-ln-int.r..t, her.by .gre.. to ftot prote.t the
~oZ'lDation of a .aintenanc. di.trict for the .alntenance of ..dlan.
.nd .c.nic corridor. along .tr..t. wlthin and ad,ac.nt to the
'rop.rty and to not prote.t the lOZ'lDaUon of .nd inclusion of the
'rop.rty in an ........nt district for the .dnt.n.nc. of ".l.;raph
Canyon Flood Control Chann.l. !'hl. .gr....nt to not prote.t the
inclusion of thu. public i.prova..nt. .hanllot M d...d . wdv.r
of the right to chanang. the ..ount of any ........nt whlch .ay M
impo.ed d~. to the .ddition of th... Il.'" improv...nt. .nd .h.nllot
int.rf.r. with the right of .ny p.r.on to vote in . a.cr.t ..llot
ol.cUon.
I. COD4itloD .0. II . .0 .rot..t of 'o~tl.. .f eo.&UDltl
'acUitl I)istdct. In .atisfacUon of ConUtion 110. n Of the
~..oluUon. Dev.loper h.r.by .;1'... to not ,rote.t the fOZ'lDation of
.nd inclu.ion of the 'roperty in a coaaunity lacl1lty dl.trlct to
fln.nc. construction of It.te aout. 125. !'hl. .gr....nt to ftot
prot..t the inclu.ion of th... ,ubllc i.prov...nt. .b.ll ftot M
d....d . waiver of the right to ch.n.n;. the ..ount of .ny
........nt which ..y M i.po..d du. to the .dditlon of th... Ilew
bprov...nt. and .h.n not interfere wlth 'th. rilht of any per.on
to vote in . ..cr.t b.llot alectlon. .
10. CODUUOD .0. " - ..Udal.. .., aa...ltJ.Sn
..tiar.ction.of Condition 110. '5 of the auolution, 'th. Dav.loper
.gr... 'th.t, on 'th. condition th.t Clty ah.n proaptly Ilotify the
Daveloper of .ny cld., .ction or proc..Un, and on the tU1:b.r
oondltion 'that 'th. City tuny oooperata. in the ..fansa, tha
Daveloper ah.n d.fand, Ind.an1fy, and bold Unla.. tba City, and
it. a,.nt., ofUc.r.. and ..ploy..., tra any ol.la, -action or
proc..Ung .,dnst 'th. Clty, or it. ag.nu, ofUoer. or .-ploya..,
~o .ttack, ..t add., wld or annul any approval., the tit)',
incl~dln, .rproval. by it. .laMlng COIIal.a1on, Ci~ council, ..
.ny.pprova by iu .,.nu, ofUOU'., .. .-ploya.. witb eo;art to
thi. Pro,act. .
aa\.Udlv\tea.upp2.vp
.OV.-~ I, 11.3
hPP. .lA tor t'alall'apb canyon ..uta.
t::~ . . .a;.'
....p- r" /c:3'-- j;> .
.
.
.
n. . COIlUUO. .0. I' - Ca!)l. ~e1.vbloll .....OIlt.. :In
..ti.f.etion of Con4ition Mo. " of the a..olution, the Dev.lop.r
a,r... to p.nD~.t .11 ca"le televbion coap.ni.. fl'anchi.d ~ the
City of Chula Vbt.. .;ual opportunity tr. ,l.e. con4uit: h an4
provide ca"l. tel.vi.ion .ervie. for a.ch lot or unit within the
Pro,.et.. Developer furth.r .,r.e. ~o vr.nt, It)' lieenae cr
......nt, an4 for the beneUt of, an4 to be anforo.a"l. ~, the
City of Chula Vieta, con4itional aeee.. to ca"l. tel.vialon conduit
within the propertie. .ituate4 within the Pro'eet only ~o tho..
ca"l. televi.ion co.p.ni.. franchi..4 ~ the City of Chul. Vi.t.
t.b. conlSltion of .ueh vr.nt being that C.) .ueh aoo.a. i.
coordinatd with D.veloper'. oon.truction .ehdul. .0 Utat it .oe.
not dalay or i.po4. Developer '. oon.truction .ehdul. anI! .oe. not
I'.;uir. the trench.. to b. reop.no4 to accoMobt. th.l1.e...nt of
.uch oonlSuit., an4 (b) any .uch c."l. oo.p.ny if an r...in. in
oo.plianc. with, .n4 ,ro.i... to r...ln in coapli.ne. with, the
t.ra. an4 con41tion. of the franchi.. and with all oth.r rule.,
r.,ulaUon.. oreSinane.. .nl! proedur.. re;ulatin; anI! aff.cUn, the
oparation of ca"l. t.l.vi.ion co.pani.. .. .... .ay bav. be.n, or
.,y fro. tiID. to tilDe be, i..ud by the City Of Chula Vieta.
Devaloper here"y conv.y. to the City of Chul. Vi.ta the .uthority
to .nforce .ald oovenant by .ucb 1'..e4i.. .. the City ..t.ralne.
appropriat., includln; r.voc.Uon of .aid wrant upon .
dataraln.tion by tba City of Chula Vi.ta th.t th.y bav. viol.t.4
the oon41tlon. of the ,rant.
12. cOlle{tloll .0. 10 - lubel..loll of aaaual .ull.l., ..~lt
a.e Otller .aport.. In .aU.facUon of .Con41tion Mo. '0, Dev.loper,
an4 thaiI' hdr., a..l;n., uan.f.r... .nd oth.r auoo...or.-in-
inter..t .ball .u=it to the City Dir.ctor of .1.Mln; aMu.l
buildin, p.ralt r.port.. "lb. fir.t of .uch r.port. .b.ll M
.u".ltt.4 cOJllJDeneln, a. of r."ruary 1, 1.... .ub..qu.nt r.port.
.hall be deUvero4 on .n .nnual beu. until the 1..t wilding
paralt in the .ro,.ct b.. ".n i..u.4. .
U. COIlUUO. .0..1 - ..U.... "'..Ilt. Developer .;r....
that it will. not a,ply for Council .pproval Of. fourth 01' l.t.r
final .ap to the .nperty, and City aay withhold a"rov.l Of ....
..otwith.tandin; .11 other conforaano. with the "lantative .p, until
Developer baa d.dio.t.4 h the City, ani! .... M. M.n noord.e in
firat ,dodty ,odtion, a .inla. Of .. acr.. w.tl.ne. a..ooi.t.e
with a l.rv. w.U.nd. ar.. on the otay "nch ,l"opefty ill a lcoaUon
a"rovad IJy ~. Dir.o1:or Of 'lanning.. .
. IC. ...ud.. .0. .1 - aff.dOl. ....b' awn-..t..
De"eloper a;r... th.t, without ,.~bdon Of ~. City council, it
will ..ot ."lY for council ."rov.l Of a fifth or l.t.r final aap
~o t.b. Property until City .ne De".lop.r b.". r..ob.I! an affordable
boudn, .;r....nt in . fo~ .aU.f.ctory to the City ,rovidi", for
I..C afforda"l. bouel", unite Oft the ar.. Of the ~taUv. "p
a.\aubdiv\t...upp2.WP hPP. 8D for _~l.;r.pb canyon ..tat..
.OVaMr ., atn ~ /~..- ~ Y ,.,. ·
.
. . .
. .
eo
.-.
ii,;
cov.r.4 by the fourth or l.t.r fln.l ..p., .nd in .eeord.nc. with
Condition No. , of the ~.l.;r.ph Canyon Eat.t.. GDP .nd IPA .l.n
(R..olutlon No. 16'61).
11. CODUUOD .0. .. .. .oDiD; lor. __itJ 1/Upo..
..clUU.. 'U.. Dev.loper .;r... th.t, if on. or .or. paro.18 of
,roperty ..U.faetory 'to the cUy .nd of the .... .pprod..'t. .18.
.. th.t whleh ..y bn. ".n 1'.;ulr.4 on-alt., own.d ~y the
Dev.lop.r wlthln the ~url.41etlon of 'the City .nd oth.rvl.. ..
wlthln tha.vlelnlty of the 'roparty b.. ftot "an (r.)plann.d .n4
(r.)lond a. a Couunlty ~o.. ...cU1U.. .1t. .t 'the tl.a .
Dev.lopar appll.. for Council approval of a fourth or oth.r final
..p for the 'rop.rty, or if the parU.. b.v. ftotl'..eb.d .
..U.f.ctory a;raalllant for the plannln; and lonln; of .ueb .
,.re.l, City .ay wlthhold approv.l of .... ftotwlth.tandln; any
oth.r 1'.;u1r'lIlant, and D.v.lop.r .h.ll .ubllllt a ..vl..d IPA 'lan
and ~.nt.tlv. Map whleh ,rovld.. for ..1d .1t. wlthln the
.ub41vla1on. Clty a;ra.. th.t proxi.al ar... of the "..t.rn 'arcel
of the ot.y ..nch proj.ct ..y provld. luch an off .1t. p.rcel if it
.aeta the oth.r r.qulr'lIlent. of ann.x.tlon and own.rlhlp by 'tha
Dav.lopar at 'the 'tl.a of lonin;.
u. co.pUno. .UIl VDfulUUaI CODUUOD.. Developer a;r...
, cOlllply wlth .11 the oondltlona of the ~.nt.tlv. lubdivi.lon Map
~hlch r..a1n unp.rfor..d or unfulfl11.4 at the 'ti.. of the fl1in;
of the r1nal Map, includ1n; the foUowin; oondiUon. fto.. 71 and n
whlch read .. follow.:
Con41t1on No. '1. .ay 'the follovin; f... in
.ccordanc. with the City Code and CouncU
'ol1ey:
a. ~h. 'J'r.n.port.Uon and PBUo ".eUiU..
Develop.ant %.p.ct ..... prior 'to 'the i..u.nc. of any
bu1ld1n; parm1t;
b. li;nal .artlclp.Uon .....;
c. AU .ppUoabl. aaver I..., 1nelud1ftg, _t
ftot 11ait.d 'to, ..w.r conn.cUon I...; and .
d. ft. l'el.;rapb CaJ\)'Oft ~er "a1ft I...
COndition .0. ~J. eo.ply with ~ltl. IC end
any other .n.rvY oona.rv.Uon OI'dlnanoa. end
poUo1.. in .ff.ct .t 'the tiaa oon.tructlon
Moura on the ,ropeny in oontonanoa with tb.
I'enuUV. lubdlvlalon "p. .
.
.:\aubdlv\to..upp2.v.p
Moy..har a, 1..3
. 8UJtP..D lor I'el.p'apbCIftYon ,.tata.
~ /Cl~"'5 'a,.'
'. .
,
,.
.'
,0
.1"
1'7. a.U.faoUOIl of OOIlUUOIl.. Ci~y aVr... th.~ th.
.x.cu~ion. of this AVr....n~ con.ti~ut.. a.ti.faction of
Develop.r'a o~1i;.Uon of ConlS1Uon. I, ., 14, 1'7, 30., 31l J2, 33,
JC, J5, Ja, JI, 10, 61, 62, 61, '1 .nlS 73 of the a..olut on .. i~
.pplia. to tha t.rritory of the Fir.t ~hr.a Final ..p. for Chula
Vl.ta ~act '3-03.
u. .aoorlSb;.. ~hl. AVr....n~, or an ab.~:ra~ .e:r.of
prap.ralS by .lth.r or both p.rti.., ..y be r.cord.d .t tha o,ption
of .ither p.rty.
u. .b.aUallaou..
1'.1 .otl.... Vi'll... oth.rwi.. provld.d In thi.
A;r....nt or by law, .ny .nlS .11 ~otlc.. r.qulrelS or p.ralttelS by
thl. A;re.m.nt or by law to be a.rv.4 on or d.llvera4 to .lth.r
party .h.n b. In vriUn; .1'115 ah.n be da..d duly ..rvd,
d.liv.r.lS, anlS recelv.1S wh.n p.r.on.lly dellv.relS to the party to
vho. it 1. dlrect.lS, or In lieu th.reof, vh.n thr.e (3) bu. In...
d.y. h.v. .1.p..4 followln; d.po.lt In the V.I. .ail, o.rtlfl.d or
r.gister.4 aall, r.turn r.ceipt r.qu..t.lS, flr.t-cla.. po.ta;.
pr.p.llS, .1S4r....1S to the alSlSr... In41c.t.1S In thl. A;r....nt. A
,.rty ..y Ch.ng. auch a4dr... for the purpo.. of thl. paravraph by
,lvln; vrlU.n noUc. of auch Ch.ng. to the other party. Facd.U.
tran..l..lon ah.ll con.tltut. p.r.onal d.llv.ry.
CITY OF CHU1A VISTA
276 Fourth Av.nu.
Chula Vi.t., CA .2010
Attn: Dlr.ctor of PY~llc Work.
D.veloper:
Ot.y Vi.ta A..ocl.t..
c,o Th. ..1ISwin Co.p.ny
11.75 El C..lno a..l
. . ..1'1 DieVO, CA .2130
AUi'll .ro~.~ "1'1.'.1' of
~el.v:raph canyon ~o~.~
. . .
A party aay _a"v. auch .Ur." for the purpose of Ulla para;raph
by ,ivln; vrlu.n ftoUc. of auch eban,. \0 \h. oth.r party 1ft the
aann.r providd in thl. para,raph. .0o.1aU. vanamlaalOft ahall
oonaU~ut. personal dellvery~ . .
at.1 ca'U.... Captions 1ft Ulla a;r....nt an .ert.d
for oonvenl.no. of ref.r.no. .M do aot .efine, ..scrlbe or llal~
tJa. aoop. or int.nt of thls .Alr....nt or any of lu Una.
.1\~lv\to.supp2.VP
.ovaabar I, 1..3
,aupp. aD. for bl.trapb CaftJon ..tat..
~ /~,--~,tt. 'OVe10
. .. - . :.-.- - . . . _. -
,.'
",
_-:
.
''1,
--
.
U.3 bUn Agn..nt. ftb Agr....nt oontain. the
entire .gr....nt ~tv..n the parti.. r.garding th. aubj.ct ..tt.r
b.r.of. Any prior oral or writt.n r.pr...ntationa, .gr....nt.,
un~.~.tan~ing., .nd/or at.t...nt. ahall .. of ~~ fore. and aff.ct.
tbi. Agr....nt i. not int.nd.d ~o aup.r..d. or ...nd any oth.r
.gr....nt ~tv..n the parti.. unl... ex,pr...ly Bot.d.
U.. .r.puaUolI of Agr....llt. .0 infer.nce, a..wapUon
or pr..waption .hall ~ drawn trOD the fact that a party or bi.
attorn.y prepar.d and/or draft.d thb Agr....nt. It .haU ..
oonclusively pre.wa.d that both partie. participated a;\laUy in tha
pr.paration and/or dra~ting thi. Agr....nt.
1'.5 ..cital., IZhibit.. Any r.cital. ..t forth above
ar. incorporat.d by r.f.r.nc. into thi. AVr....nt.
U.. attorIleY.' ..... In the av.nt of any dbput.
ari.in; out of thi. A;r..m.nt, the pr.vailin; party in any action
ahall ~ .ntitl.~ to r.asonabl. attorn.y.' t..s in addition ~o any
oth.r oosts, da.ag.s, or r...di...
IN WITNESS WHEREOF, the parti.. ber.to Il.v. oaa.d
'gr....nt to ~ .x.cut. the day and Y..f ftrat Ilarainabov
,rth.
ay: City of Chula Vi.t.
Att.st:
c. ..
hta:
"
a:\aUbdiv\tca.uppa.v.p
.ovUber I, 1.13
.
.~.r,
OTAY VISTA ASIOCIA'1'U, a
California l1aitad partnarabip
ay: Sky Viat., a Calitornia
oorpor.tion, Gan.ral
.artn.r
~
ay: ' ,
....1
lritlal ">I,ro~ ~',~..n-
ay:
.... :
lritl.:
,--
/o~t ?
hpp. SD for hl.graph 'Canl'Oft ..tate.
, ',' .a,a 11
~
- This Page Blank -
/tJr-j,r
RV:
Item No. 11
Date
8/15/95
11. PUBLIC HEARING ADDENDUM TO THE 1993 UPDATE OF THE PUBLIC
FACILITIES DEVELOPMENT IMPACT FEE, WITH NO
CHANGE IN THE FEE AMOUNT
staff recommends the public hearing be continued to the meeting of
9/5/95.
//-j
11-.