HomeMy WebLinkAbout2008/04/15 Item 7
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
SUMMARY
CITY COUNCIL
AGENDA STATEMENT
~~ CITY OF
~...". CHULA VISTA
Item No.: -::r
Meeting Date: 4/15/08
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO ENTER
INTO A LAND OFFER AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND OTAY LAND COMPANY FOR
CONVEYANCE OF 210 ACRES TO THE CITY FOR
UNIVERSITYIREGIONAL TECHNOLOGY PARK
DEVELOPMENT AND MITIGATION PURPOSES,
ACKNOWLEDGING THE OFFERS OF DEDICATION AND
ACCEPTANCE OF 1 MILLION DOLLARS FOR UNIVERSITY
RECRUITMENT AND PLANNING PURPOSES.
DIRECTOR OF PL ND BUILDING~
CITY MANAGER
ASSISTANT CIT MANAGER sr
4/5THS VOTE: YES D NO 0
One of the key goals of the Chula Vista General Plan is the development of a University/Regional
Technology Park. Successful implementation of the Land Offer Agreement would further this goal
through the receipt by the City of 210 acres of developable/mitigation land as well as 2-million
dollars for University Recruitment/Planning.
ENVIRONMENTAL STATUS
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that there is no possibility
that the activity may have a significant effect on the environment; therefore, pursuant to Section
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Meeting Date: 4/15/08
15061 (b )(3) of the State CEQA Guidelines the activity is not subject to CEQA. Future
entitlements associated with the land offer agreement will be subject to further environmental
review at the time specific projects are proposed.
RECOMMENDATION
That the City Council approve the resolution authorizing the Mayor to enter into the proposed
land offer agreement between the City and Otay Land Company, LLC.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
Background: Since adoption of the 1993 Otay Ranch General Development Plan, the City of
Chula Vista has maintained the vision of an institution (s) of higher education within our corporate
limits. Progress was previously made through the acquisition of over 550 acres of land, for
university development and as an open space buffer as part of the Otay Ranch Preserve.
Recognizing the need for viable employment lands, the December 2005 General Plan Update
called for a Regional Technology Park use in conjunction with a university(s).
In January 2006 the former City manager requested the two key land owners (one was a land
owner, the other had an option on their land) work together on a land plan to then be reviewed by
City staff. The goal was a land plan that would work for both property owners and meet the
goals and policies of the General Plan and General Development Plan. Other the course of a
year, the two parties were not able to reach closure.
In December 2007 the Planning and Building Director sent both land owners a letter requesting
"an agreed-upon proposal" by January 12, 2007 or the City will initiate our own Land Planning
process, which will respect the property rights of the land owners, but be solely based on the best
interest of the community at large.
Since Spring of 2007 the Planning and Building staff and the City Attorney have been working
with the Otay Land Company in order to create a land plan that would facilitate the future
development of a university(ies) and a Regional Technology Park while also providing equitable
benefit to the land owners.
These negotiations have been extremely complex since the only acceptable outcome would be a
win/win for all parties. For the City this means; I) a land plan that on its own merits is
beneficial to the City and carries out the goals of the General Plan and Otay Ranch General
Development Plan, and 2) dedication of land necessary for the university/regional technology
park complex and other benefits.
In the case of the landowner, there needs to be significantly greater benefit than the development
intensity they already enjoy through their existing development agreement. The draft
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Page 3 of 4, Item No.: -:f
Meeting Date: 4/15/08
development agreement provides the Otay Land Company, LLC the opportunity to achieve a
maximum of 6,050 residential units and 1.8 million square feet of commercial development.
Maior Terms of Agreement
Under the terms of the proposed land offer agreement, upon approval of entitlements, the
property owner would convey 50 acres, which has been designated as a portion of the proposed
"UniversitylRegional Technology Park" to the City of Chula Vista for future conveyance to
qualified higher education institution(s). The property owner would also convey an additional
160 acres of habitat land which will be used to mitigate the future Regional Technology Park and
2 million dollars (one million dollars up front), towards the recruitment of a university(ies) and
the initiation of the University Land Planning efforts.
The agreement required The Otay Land Company to provide the City of Chula Vista with
Irrevocable Offers of Dedication (lOD's) for the 50 acres of University/Tech Park Land and the
160 acres of mitigation land within 5 days of execution of the land offer agreement. The City
would take title to the property upon approval of the requested entitlements within the required
timeframes.
The Agreement sets forth the terms under which the City may accept this offer. Specifically, in
order to accept the offer of dedication, the City would be required to provide the following
considerations:
Approval of all stated entitlements for proposed development of Villages 4, 8, and
9 and a portion of the Eastern Urban Center. It should be noted that the City and
property owners are proposing to reconfigure portions of the City General
Plan/Otay Ranch General Development Plan. Under the Land Offer Agreement,
the entitlements include a General Plan Amendment, Otay Ranch GDP
amendment, a SPA Plan, and tentative map. The maximum residential unit count
is 6,050 with a maximum allowed commercial square footage of 1.8 million for
property under Otay Land Company ownership.
The City would also receive one million dollars for University Recruitment/Planning purposes
upon execution of the Land Offer Agreement. A second one million dollars for the same
purpose would be received after approval of the requested entitlements.
The draft Land Offer Agreement provides the Otay Land Company with the option of
repurchasing the dedicated University/Tech Park property if the City (or subsequent entity)
should choose to use the property for non-university/tech park or related purposes. The
repurchase agreement provision expires upon the earlier of either occupancy of 90% of the
residential units within the project as evidenced by [mal inspection notices or upon expiration of
the amended Pre-arrnexation Development Agreement.
The Draft Agreement also provides for the transfer of up to 15% of the residential units between
Villages within Otay Ranch. Any transfer greater than 15% requires approval by the Planning
and Building Director based upon specific requirements. Both City staff and the Otay Land
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Meeting Date: 4/15/08
Company believe these provisions will provide the necessary flexibility to create better Village
plans.
The agreement includes a 30-day preliminary review of the conditions of approval for the SPA
Plan, as well as the draft Public Facilities Financing Plan, following close of the public review
period for the draft EIR. During this time, the applicant may review proposed conditions and
requirements for the project, and may decide to stop processing the entitlements if the owners
determine that the proposed conditions would render the project economically infeasible.
Analvsis
This offer agreement provides the City with an opportunity to obtain another significant portion
of the proposed University/Regional Technology Park Site, through providing certain
considerations in conjunction with future entitlements for the Otay Ranch Villages 4, 7, 8, 9 and
a portion of the Eastern Urban Center. Acquisitions of the University Site and necessary
mitigation acreage would be a major step forward in achieving the City's key General Plan goals.
Attached is a preliminary Site Utilization Plan, which depicts locations of land uses, approximate
densities and the location of major arterials. Although we are aware that there are always
refmements to any land plan as we work with the applicant through the entitlement process, we
have conducted a preliminary analysis and we believe the proposed land plan can be consistent
with and accomplished within the overall policy framework established by the City's General
Plan. This plan would also preserve the character already established within the Otay Ranch
Master Planned Community. Further, the additional residential units as authorized by the
entitlements subsequent to this agreement will be needed in order to provide adequate housing to
support the university. It should be emphasized that both the City Council and Planning
Commission will have full discretionary authority to consider the proposed plan changes at the
time they are presented in a public hearing, with benefit of a final ErR and staff analysis.
On this basis, staff is recommending that the City Council approve the attached agreement, and
direct staff to move forward to complete a project staffing plan and processing schedule which
will provide for completion of processing of entitlements in accordance with the overall schedule
set forth in this agreement.
FISCAL IMP ACT
The applicant would pay for all costs associated with processing the terms of this agreement.
Prepared by: James D. Sandoval, Director of Planning and Building
Attachment:
Draft Land Offer Agreement (including exhibits)
J:\planning)jimICOUNCIL AGENDA STATEMENT Univ Land Offer 3-11.08.doc
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
O--~
Ann Moore
City Attorney
Dated: y /3/0 r
LAND OFFER AGREEMENT BETWEEN
THE OT A Y LAND COMPANY, LLC AND
THE CITY OF CHULA VISTA
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RECORDmG REQUEST BY:
City Clerk
WHEN RECORDED MAlL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Above Space for Recorder's Use
LAND OFFER AGREEMENT
This Land Offer Agreement ("Agreement") is entered into to be effective as of;?",..., 1 1 L,'tf
2008, by and between Otay Land Company LLC, aDelaware limited liability company ("Owner")
and the City of Chula Vista, a political subdivision of the State of California ("City").
RECITALS
A. Owner owns the undeveloped real property located in the City as more particularly
described and shown on the attached Exhibit "A" (the "Property")
B. The Property is part of a master planned co=unity co=only lmown as portions of
Villages 4, 7, 8, 9 and the Eastern Urban Center of the Otay Ranch Project.
C. City has requested Owner to convey to City fifty (50) acres within the Property
designated for the development of a facility for higher education and other compatible land uses as
described herein ("University Property") and one hundred sixty (160) acres of open space ("Open
Space Property"). The University Property is shown and described on Exhibit "B" and the Open
Space Property is shown and described on Exhibit "B-1".
D. Owner desires certain development entitlements for the Property that require
processing and discretionary review by the City.
E. . Owner and City by entering into this Agreement shall set forth the terms and
conditions precedent for Owner's conveyance and City's acceptance of the University Property and
the Open Space Property, as well as the process for the City's consideration of certain development
entitlements for the Property.
NOW, TIIEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of
which is hereby aclmowledged, Owner and City agree as follows:
wmd Offer Agreement Between Otay lnnd Company LLC and CIty ofChuln Vista
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ARTICLE 1
DEFINITIONS
1.1 Definitions. This Agreement uses a number of terms having specific meanings, as
defined below. These specially defined terms are distinguished by having the initial letter
capitalized, when nsed in this Agreement. The defined terms inclnde the following:
"Development Agreement" means the Restated and Amended Pre-Annexation Development
Agreement between the City and Otay Ranch, L.P. recorded May 12, 1997.
"Effective Date" means the date set forth in the first paragraph of this Agreement.
"Entitlements" means: (i) amendments to the City's General Plan and the Olay Ranch
General Development Plan which establish 6050 as the ma.-'{imum number of residential units and
1.8 million square feet of commercial uses to be permitted for development, and amendments to the
Development Agreement to include only the provisions specifically set forth on Exhibit "C"; (ii)
Sectional Planning Area Plans ("SPA Plans'') for the Property designating the permitted land uses,
densities and intensities of development, which are in substantial compliance with the Land Use Plan
depicted on Exhibit "D"; (iii) tentative subdivision maps to subdivide the Property in accordance
with the SPA Plans and related entitlement documents, such as Public Facilities Financing Plans,
necessary to implement the SPA Plans, as may be identified in the Processing Agreement; and
(iv)appropriate California Enviromnental Quality Act compliance for the discretionary actions
outlined in items (i) and (iii), above.
"Growth Program" means the City policies and standards intended to regulate the timing
and phasing or rate of growth within the City, as set fOlih in the City's Growth Management Element
of the City's General Plan in effect as of the Effective Date of this Agreement.
"Hazardous Materials" means any substance, material or waste which is or becomes (1)
regulated by any local or regional governmental authority, the State of California or the United
States Government as hazardous waste, (ii) defined as a "solid waste", "sludge", "hazardous waste",
"extremely hazardous waste", "resmcted hazardous waste", "Non-RCRA hazardous waste," "ReRA
hazardous waste", or "recyclable material", under any federal, state or local statue, regulation or
ordinance, including without limitation Sections 25115, 25117, 25117.9, 25120.2, 25120.5, 251227,
25140,25141 of the Calitomia Health and Safety Code; (iii) deffied as "Hazardous Substance"
under Section 25316 of the Ca1itornia Health and Safety Code; (iv) defined as a "Hazardous
Material", "Hazardous Substance", or "Hazardous Waste" under Section 2550] of the California
Health and Safety Code; (v) defined as a "Hazardous Substance" under Section 25281 of the
California Health and Safety Code; (vi) asbestos; (vii) petroleum products, including without
limitation, petroleum, gasoline, used oil, crude oil, waste oil and any fraction thereof, natural gas,
natural gas liquefied, natural gas or synthetic fuels, (viii) materials defined as hazardous or
extremely hazardous pursuant to the California Code of Regulations; (ix) polychloriuated biphenyls;
Land OtTer ,AgreL'lTlent BctwL"en Otay Land Company LLC and City ofChula Vista
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(x) defined as a "Hazardous Substance" pursuant to Section 311 of the Federal Water Pollution
Control Act (33 U.S.c. Section 1251, et seq.); (xi) defined as a "Hazardous Waste" pursuant to
Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et
seq., (xii) defined as a "Hazardous Substance" or "Mixed WaIJte" pursuant to Section I 0 I of the
Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9601,
et seq. and regulations promulgated hereunder; (xiii) defined as a "Hazardous Substance" pursuant to
Section 401.15 of the Clean Water Act, 40 C.F.R. 116; OR (xiv) defined as an "Extremely
Hazardous Substance" pursuant to Section 302 ofthe Superfund Amendments and Reauthorizations
Act of 1986, 42 U.S.c. Section 11002, et seq.
"Irrevocable Offer of Dedicationl Offer of Dedication" means the document, substantially in
the form attached as Exhibit "E," allowing for the trmlsfer of ownership of the University Propelty
and Open Space Property to the City in accordance with Government Code Section 7050.
"Open Space Property" means the real property described and shown on Exhibit "B-1" to
111is Agreement.
"Processing Agreement" means the Project Staffing and Processing Agreement, to be entered
into by the City and Owner, in which the timing and processing of the Entitlements win be set forth
therein.
"Project" meIDlS the development of the Property consistent witil the provisions of the
Entitlements, applicable City policies and standards including the City Growth Program and
Ordinance.
"Property" means the real property described and shown in Exhibit "A" to this Agreement.
"Telm" shall mean the period oftime from the Effective Date until the termination ofthis
Agreement as set forth in Paragraph 4.3.
"Third Party Litigation" means any claim, action, referendum or proceeding filed and served
against the City and/or Owner by anyone not a party to this Agreement or their agents or successors
in interest to challenge, set aside, void or annul the approval of this Agreement or the Entitlements,
including without linlitation, attacks upon California Enviromnental Quality Act compliance.
"University Property" means the real property described and shown on Exhibit "B" to this
Agreement.
Land Offer Agreement Between Otay Land Company LLC and City of Chula Vista
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ARTICLE 2
OFF.ER OF DEDICATION
2.1 Offer of Dedication. Concurrently with the execution of this Agreement, Owner shall
submit to the City an Irrevocable Offer(s) of Dedication, for the following properties: (i) the
University Property to allow for the use of the University Property for higher educational purposes
and related compatible uses, active public recreation, quasi public, and all other uses, including
residential, industrial and commercial; and (ii) the Open Space Property to allow for the use of said
property for open space, mitigation, active recreation and any uses pem1itted in accordance with the
Otay Ranch General Development Plan. The uses set forth for the University Property and the Open
Space Property shall be referred to collectively as the ("Permitted Uses"). Notwithstanding the
foregoing, in the event the City determines that the University Property or a portion thereof, win be
developed for any Permitted Uses other than (i) higher educational uses, including a university
Can1PUS; (ii) university-related housing (student andlor faculty housing); (iii) a regional technology
park or campus intended to attract and promote a university; or (iv) uses anciJlary to a university,
such as a bookstore, coffee house or copy center, or other accessory land uses commonly associated
with higher educational institutions (uses other than those described in subsections (i) through (iv)
collectively shall be referred to as "Non-university Development"), Owner shall have the right to
repurchase that portion of the University Property proposed for Non-university Development in
accordancc with the terms and conditions set forth herein ("Repurchase Right"). The Repurchase
Right shall take effect upon the City's acceptance of the Irrevocable Offer of Dedication for the
University Property and expire upon the earlier to occur of: (i) the expiration of the Development
Agreement; or (ii) the occupancy of ninety percent (90%) of the residential units within the Project,
as evidenced by final inspection notices ("Repurchase Right Expiration"); unless tenninated earlier
as to all or a pOltion ofthe University Property in accordance with Paragraph 2.3. The Repurchase
Right shall be included in the Irrevocable Offer(s) of Dedication recorded concurrently with the
recordation of this Agreement and shall be a covenant nmning with the University Property. City'S
acceptance ofthe Irrevocable Offer(s) of Dedication shal1 be subject to the terms ofthis Agreement.
2.2 Offer to Purchase. In the event the Repurchase Right is triggered in accordance with
Paragraph 2.1, the City shall promptly offer to sell that portion proposed for Non-university
Development to Owner ("Offer to Purchase"). The Offer to Purchase shall include the following:
(i) Purchase Price (fair market value, subject to Paragraph 2.2(iv) below), to be
paid in cash.
(ii) Closing Date, not sooner than 60 days from the date the Purchase Agreement
is executed.
(iii) The Purchase Agreement shall be substantially in the form attached hereto as
Exhibit F.
Land Offer Agreement Between Otay Land Company lLC and City of Chum Vistu
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(iv) If the parties do not agree on the fair market value of that portion of the
University Property proposed for Non-university Development, then the fair
market value of said property shall be determined by an appraiser acceptable
to both parties. If the parties are unable to agree on an appraiser witllin ten
(10) days after the City delivers the Offer to Purchase to Owner ("Delivery
Date''), within twenty (20) days after the Delivery Date, each party shall each
name an appraiser who is a member of MAr or an equivalent organization
and has at least five (5) years experience appraising similar property in the
Chula Vista area. If either party fails to appoint such an appraiser within
such period, and such failure continues for more than five (5) days following
written notice from the other party, the appraiser appointed by the party
giving such notice shall proceed to make the appraisal as herein set forth, and
the determination thereof shall be conclusive on both parties. TIle two (2)
selected appraisers will each prepare an appraisal report within thirty (30)
days after their appointment. lfthe two (2) appraisers' determination of the
fair market value of said property is within ten percent ( I 0%) of each other,
then the fair market value of the same will be the a1itlrmetic average of the
two (2) appraisals. Otherwise, the two (2) selected appraisers will appoint a
third appraiser within ten (10) days after issuance oftheir appraisal reports,
("Deciding Appraiser") meeting the same qualifications and who has no
preexisting material financial or business relationship witlr eitlrer of tlre
appraisers, City or Owner. Iftlre two (2) selected appraisers fail to appoint a
Deciding Appraiser within such period, tlren either party may petition a COUl1
of competent jurisdiction to appoint a Deciding Appraiser meeting the
qualifications set forth herein, in tlre same manner as provided for the
appointment of an arbitrator pursuant to California Code of Civil Procedure
section 1281.6. The Deciding Appraiser may not receive or consider tlre
appraisals prepared by tlre other two (2) appraisers. The Deciding Appraiser
will deliver its report to tlre parties within thirty (30) days after its
appointment and tlre fair market value of said property will be eitlrer: (i) ifthe
fair market value determined by the Deciding Appraiser is between the
values determined by the first two (2) appraisers, the a1itll1netic average of
tlle two (2) appraisals iliat are closest to each other; or, (ii) ifthe fair market
value determined by the Deciding Appraiser is higher or lower than both of
tlre values determined by ilie frrst two (2) appraisers, tlle fair market value
determined by the appraisal oftlre first two (2) appraisers iliat is closest to the
value determined by the Deciding Appraiser. The parties shall share equally
ilie fees and expenses of the appraisers jointly named, if any, but each party
shall be responsible for the fees and expenses of any appraiser nallled solely
by that party. Each party shall bear its owu expenses in presenting evidence
to the appraisers. The determination of fair market value by the appraiser( s)
shall be final and binding 011 tile parties.
Land Offer Agreement Between Otay Land Company LLC and City of Chula Vista
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NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE
AGREEING TO HAVE THE DETERMINATION OF THEFAlRMARKET
VALUE OF THAT PORTION OF THE UNIVERSITY PROPERTY
PROPOSED FOR NON-UNlVERSITY DEVELOPMENT AS PROVIDED
IN THIS PARAGRAPH 2.2 (iv) DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CALIFORNIA LA WAND YOU ARE
GIVING UP ANY RIGHTS YOU MIGHT POSSESS REGARDING THE
FAlRMARKET VALUE TO HAVE LmGATED IN A COURT OR JURY
TRIAL. SUCH ARBITRATION WILL NOT APPLY TO ANY OTHER
DISPUTES OR MATTERS UNDER TIllS AGREEMENT. BY
INITIALIZING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR
JUDICIAL RIGIDS TO DISCOVERY AND APPEAL, UNLESS THESE
RIGHTS ARE SPEClFlCALL Y INCLUDED IN THIS PARAGRAPH 2.2
(iv). IF YOU REFUSE TO SUBMIT TO ARBITRATION AS SET FORTH
HEREIN AFTER AGREEING TO THIS PROVISION, YOU MAY BE
COMl'ELLED TO ARBITRATE UNDER THE AUTHORITY OF THE
CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT
TO THIS ARBITRATION PROVISION IS VOLUNTARY. YOU HAVE
READ AND UNDERSTOOD THE FOREGOING AND AGREE TO
SUB:MIT DISPUTES ARISING OUT OF THIS PARAGRAPH 2.2(iv) TO
NEUTRAL ARBITRATION.
OWNER'S INITIALS:.f!:IJj
CITY'S INITIALS:
2.3 Reourchase Right. City and Owner agree to negotiate in good faith the Purchase Price
contained in the Offer to Purchase, provided however, if City and Owner can not agree on
the Purchase Price within twenty (20) days after the City delivers the Offer to Purchase to
Owner, the Purchase Price shall be determined in accordance with Paragraph 2.2(iv). Owner
shall have ten (10) days from the date Owner is notified of the final determination offair
market value pursuant to Paragraph 2.2(iv) within which to notifY the City whether it intends
to exercise its Repurchase Right. !fOwner declines to exercise the Repurchase Right or fails
to timely notifY City of its determination, the Repurchase Right shall be terminated as to that
portion of the University Property proposed for Non-university Development. In such event,
the City shall have a right to proceed with the proposed development or sale at the same or
higher price than that set forth in the Offer to Purchase, and equivalent terms. Thereafter, if
the City decides to change the price of said property to be less than that set forth in the Offer
to Purchase or to change other material terms of the same, City shall provide Owner with a
new offer to purchase before offering the University Property to any other prospective
purchasers ("Renewed Right to Purchase"). The Renewed Right to Purchase shall be
governed by the terms of this Agreement. The Renewed Right to Purchase shall expire
concurrently with the Repurchase Right Expiration. The Repurchase Right aod Renewed
Land OtTer Agreement Between Ota)' Lolnd Cornpnny LLC and City of Chula Vista
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Right to Purchase shall terminate prior to the Repurchase Right Expiration as to any portion
of the University Property for which Owner declines to exercise such rights. Owner agrees
to deliver to City within ten (10) business days of City's written request, a quitclaim deed
releasing the University Property, or a portion thereof, from the provisions of the Repurchase
Right and Renewed Right to Purchase upon the expiration or earlier termination of said
rights as to all or a portion ofthe University Property.
2.3.1 Effect of Convevance on R~I)Urchase Right. At no time shall more than one
legal entity possess the Repurchase Right. The Repurchase Right shall terminate as to any portion of
the Property conveyed by Owner to a third party which conveyance comprises less than the total
Property owned by Owner immediately prior to the conveyance. For example, if Owner conveys to
a developer thirty percent (30%) of the Property, the Repurchase Right shall terminate as to the thirty
percent (30%) conveyed. Under this example, the Repurchase Right would not tenninate as to the
remaining seventy percent (70%) ofland retained by Owner. Ifthe Owner conveys the entirety of
the Property at anyone time (a "bulk-sale"), the Repurchase Right shall not terminate and shall
continue to run with the land conveyed in the bulk-sale. Using the example above, if Owner
subsequently conveyed the remaining seventy percent (70%) of tlle Property in a bulk-sale to a
developer, the Repurchase Right would not tenninate as a consequence of such conveyance.
2.3.2 No Vested Development Ri~ts. Owner acknowledges and agrees that neither
this Agreement nor the Development Agreement confer vested development rights upon any portion
ofthe University Property acquired by Owner pursuant to the Repurchase Right and Owner shall be
subject to applicable City land use regulations with regard to any future applications to develop said
property.
2.4. Execution of Offer. Ifthe Owner exercises the Repurchase Right for that portion of
the University Property proposed for Non-university Development, Owner agrees to execute the
purchase agreement, in substantially the form attached hereto as Exhibit "F" within forty five (45)
days after the determination of fair market value pursuant to Paragraph 2.2 (iv).
2.5. Title Insurance. Within twenty (20) days o[the Effective Date, Owner shall have
obtained, at its expense, title insurance naming the City as the insured and, guaranteeing fee title,
subject to any exceptions or conditions approved by the City, for the University Property and Open
Space Property from Chicago Title Insurance Company in an amOlmt reasonably agreed upon by the
parties representing the estimated fair market value of the properties as of the Effective Date. Owner
shall maintain said title insurance for the individual properties in full force and effect until the City
has accepted the Irrevocable Offers of Dedications for the University Property and Open Space
Property .
2.6. Encumbrances. The Owner or successors-in-interest to Owner, may place liens,
encumbrances and other title exceptions on the University Property and Open Space Property up
until the time frames set forth herein for the respective properties; provided, however such liens,
encumbrances, and other except.ions to title are removed from the title to said properties in
Land Offer Agreement Between Otay Land Company LLC and City ofChula Vista
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accordance with the terms of this Agreement. Owners shall provide the City with written notice of
any liens, encumbrances, or other exceptions placed on the respective properties within thirty (30)
days of its placement on said properties. Notwithstanding any provision of this Agreement, Owner
agrees that prior to the City's acceptance of the Offers of Dedication for the University Property and
Opens Space Property, it shall take any and all actions necessary to provide each of the respective
properties to the City free and clear of all liens and encumbrances other than: (i) any easements and
rights-of-way determined upon [mal approval of the Entitlements required for development of the
Project which do not materially interfere with the intended use of the University Property or Open
Space Property for the Permitted Uses; (ii) prorated non-delinquent real estate taxes, special taxes
and assessments; and (iii) those exceptions to title that are approved by the City (collectively, (i)
through (iii) are referred to as the "Permitted Exceptions"). In addition, Owner shall not pledge the
rights to this Agreement as security for any of its other obligations.
2.7 Removal of Encumbrances. No later than five (5) calendar days prior to the first
public hearing on the Entitlements, Owner shall remove all liens, encumbrances and any other
exceptions, other than the Permitted Exceptions, and any other exception not approved by the City
from the title to the University Property and Open Space Property. Owner shall provide the City
with an updated Title Report for the University Property and Open Space Property five (5) calendar
days prior to the Iast public hearing for the Entitlements as set fo.rth in this Paragraph. Owner
understands and agrees that if Owner faiIs to remove alI Iiens, encumbranees and those exceptions,
other than the Permitted Exceptions, not approved by the City, in the time frames set forth herein,
this Agreement and the Procesaing Agreement shaH be terminated and any remaining hearings on the
Entitlements shall be cancelled and the application for the Entitlements shall be considered
withdrawn by the Owner.
2.8. JIazardous Waste Report Owner shall provide the City within thirty (30) days of
the Effective Date of this Agreement with a Phase One Hazardous Waste Report on the University
Propelty and Open Space Property by a professional firm acceptable to the City and again not less
than thirty (30) days prior to the first public hearing for the Entitlements with an update ofthe Phase
One Hazardous Waste Report for the respective propeliies by the same professional finn. Owner
sh,11I be responsible for the costs of both reports. Owner understands that the City's acceptance of
the Offers of Dedication is conditioned upon the City's approval of said report and that the City has
entered into this Agreement contingent 011 the University Property and Open Space Property being
free and clear of any environmental condition which would be a violation of any applicable federal,
state or local law, ordinance or reguIation relating to Hazardous Materials. Owner fmiher
understands and agrees that Owner, in addition to any obligations as the property owner, is fully
responsible for the administration and oversight of the environmentaI condition of the University
Property and Open Space Property until the City has accepted the Offer of Dedications for the
respective properties. If after the City's review of the updated Phase One Hazardous Waste Report
for said properties, the City determines the environmental condition of the University Property or
Open Space Property is not acceptable to the City, Owner may, in its discretion, cure said condition
within thirty (30) days of City's written notice to Owner that such property is not acceptable. If
Owner decides not to cure the condition of the University Property or Open Space Property, this
Land Offer Al.:,'Teernetlt Betwf..ocn Dl:ay Laud Company LLC and CityofCllUla Vista
8
7-13
Agreement and the Processing Agreement shall be tenninatedand any applications submitted for the
Project shall be considercd withdra~n by the Owner and any and all hearings for the Entitlements
shall be cancelled.
2.9 Transfer of Units. Owner may transfer, at its discretion, up to fifteen percent (15%) of
the units allocated to a village within the Project to another village within the same Project. The
Planning Director may approve, in his or her discretion, any transfer of units more than fifteen
percent (15%) or any transfer of units to another village within Otay Ranch but not within the
Project, if all of the following requirements are satisfied:
(il the transfer of units between villages is consistent with the GDP's and Village Design
policies on density transfers,
(ii) the total number oftmits for the Project is not exceeded,
(iii) public facilities and infrastructure including schools and parks are provided based on the
final number of units within each village or Planning Area,
(iv) the planned identity of the villages are preserved including the creation of pedestrian
friendly and transit-oriented development; and
(v) preserve conveyance obligations will continue to be based on the final map development
area.
ARTICLE 3
ACCEPTANCE OF DEDICATION
3.1. Entitlements Processing. Owner will file with City all applications and pay all
applicable fees for the review, processing, and consideration of the Entitlements by the City. City
will diligently process, in accordance with the schedule set forth in the Processing Agreement, the
Entitlements tor final consideration by the City COllllcil. Notwithstanding the foregoing, the City's
acceptance of the Offer of Dedication is not contingent on the time frames associated with the
processing ofthe Entitlements as set forth in the Processing Agreement, except tllat final approval of
the Entitlements must be rcceived by the Owner within the time frame set forth in Paragraph 3.3
herein. In addition, Owner understands and agrees that the processing and/or approval of final maps,
grading permits and other mini sterial permits are not subject to this Agreement and the acceptance of
the Offer of Dedication to the City shall not be contingent on Owner receiving such ministerial
approvals.
3.2. Review Period. Ov,ner shall have thirty (30) days after the final draft for the
Entitlements (which include all of the conditions and mitigation measures associated with said
docUt1lents) ("Final Draft Entitlements") have been completed by the City, to review such documents
and decide whether to proceed with processing the Entitlements. During the Owner's thirty-day
Land Offer Agreement Between Omy laml COI'npany LLC and City ofChula Vista
9
7-14
review period, City agrees to meet with Owner in good faith to discuss the draft documents and
consider any changes Owner may request. Owner shall notifY the City in writing, at the conclusion
of the thirty-day review period, as to whether Owner wishes to continue processing the
Entitlements. Owner may decide to stop processing the Entitlements if Owner detemlines, in its
sole discretion, that it is economically infeasible or undesirable to continue. If City is notified to
stop processing Entitlements and the reasons thereof, this Agreement shall tenninate, and the
application for the Entitlements shall be considered withdrawn by the Owner.
3.3. Approval of Entitlements. If the Entitlements are approved by the City Council in
substantially the fonn of the Final Draft Entitlements on or before twenty four (24) montlls after
Owner has suhmitted a completed application for the Project to the City, as such time may be
extended as provided for in Paragraph 5.9 (Force Majeure), Owner agrees that the City may
thereafter accept the Offers of Dedication for the University Property and the Open Space Property
after the expiration of all applicable statutes of limitations to challenge the Entitlements and any
additional time caused by Third Party Litigation, as described in Paragraph 3.4 herein. In the event
of Third Party Litigation, City may accept the Offers of Dedication upon entry of a final,
nonappealable judgment affirming the validity of the Entitlements or other resolution mutually
acceptable to the parties ("Favorable Outcome"). In the event of any outcome to the Third Party
Litigation other than a Favorable Outcome, the parlies agree to meet and confer regarding corrective
action necessary to preserve the Entitlements. In the event Owner or City determines it is not in
Owner's or City's interest to proceed with the corrective action necessary to preserve the
Entitlements, this Agreement shall tenninate and any Entitlements that have been approved by the
City shall be considered void ab initio and be of no effect. In the event Owner and City elect to
proceed with the corrective aetion necessary to preserve the Entitlements, the City shall be entitled to
accept the Offers of Dedication for tile University Property and Open Spaee Property upon entry ofa
final, nonappealable judgment affinning the validity of the Entitlements. In the event the City does
not approve the Entitlements in substantially the fonn of the Final Draft Entitlements or in such
corrected fonn as necessary to preserve the Entitlements, on or before twenty tour (24) months after
Owner has submitted a completed application for the Project to the City, as such time may be
extended as provided for in Paragraph 5.9 (Force Majeure), any Entitlements received by Owner
shall be considered to have been withdrawn by Owner and City's action on the Entitlement,; shall be
void ab initio and be of no effect.
3.4 Third Partv Litigation. In tile event of the occurrence of'TIurd Party Litigation, the
tenn of this Agreement shall be extended for the period of the pendency of tile Third Party Litigation
or until such time as either the City or Owner (ilTespective of who is named in the Third Party
Litigation) decides it is no longer desirable to defend against the Third Party Litigation, at which
time written notice shall be provided to the other party reqtlesting tennination ofthis Agreement. In
such event, the Entitlements received by Owner shall be considered withdrawn by Owners and be
null and void. The City shall return the Irrevocable Offers of Dedication to the Owner.
3.5 Communitv Public Facilities Credit. Onee the City has accepted the Offer of
Dedication to the University Property, Owner's obligations to provide Community Public Facilities
umd Offer AgR.'elllenl Belween Otay land Company LtC and City ofC1mla Vista
10
7-15
land uses within the Property shall be deemed satisfied. Notwithstanding the foregoing, Owner shall
provide (subject to the approval of the Planning Director) two (2) CPF sites within the Project of
four (4) acres each.
3.6 Discretion ofCitv. Owner understands and agrees that the City reserves the right to
exercise its discretion as to all matters which the City is by law entitled or required to exercise its
discretion with respect to the Entitlements, including but not limited to California Environmental
Quality Act and other similar laws. In addition the Entitlements shall be subject to and brought to
City Council for consideration in accordance with applicable legal requirements, including laws
related to notice, public hearings and due process. In addition, nothing herein shall be construed as
to restrict fhe City's ability to exercise its discretion as provided by the City's Growfh Management
Program or to condition the Project in the mmmer City determines appropriate in accordance with its
general police powers.
3.7 [Intentionally omitted.]
3.8 [Intentionally omitted.]
3.9 Endowment. Upon execution ofthis Agreement, Owner shall provide the City with
one million dollars for City to use in its sole discretion for the plmming and recruitment of a
university or any other higher educational institution to be located within the Otay Ranch GDP area.
Within five (5) days prior to the last public hearing for the Entitlements, Owner shall deliver to
Chicago Title Company ("Escrow Agcnt") an addition~ one million dollars ("Escrow Amount") for
the City to use in its sole discretion for the planning and recruittnent of a university or mlyother
higher educational institution to be located within fhe Otay Ranch GDP area., subject to the terms and
conditions of this Paragraph. vVhen all conditions to the City's acceptance of the Offers of
Dedication for the University Property and the Open Space Property have been satisfied pursuant to
Paragraph 3.3 of this Agreement, Escrow Agent will immediately and automatically release the
Escrow Amount to the City. However, if the City does not approve the Entitlements, or if this
Agreement terminates for any reason prior to the City's acceptance ofthe Offers of Dedication for
theUniversity Property and the Open Space Property pursuant to Paragraph 3.3 ofthis Agrecment,
Escrow Agent will immediately and automatically release the Escrow Amount to the Owner.
Escrow Agent will deposit the Escrow Amount in one or more accounts designated by Owner. All
interest on the Escrow Amount wi1l be paid to Owner. The parties will deliver such instructions as
may be reasonably requested by the Escrow Agent so long as they are consistent with the terms of
this Agreement. If the City does not approve the Entitlements pursuant to Paragraph 3.3, or in the
event this Agreement terminates in accordance with Paragraph 5.19, City shall reimburse the Owner
the amount of one million dollars previously paid to the City upon execution of this Agreement
within thirty (30) days and Owner shall not be entitled to any interest on said money. In the event
Owner fails to pay one million dollars to the City upon execution ofthis Agreement, or fails to place
another one million dollars in escrow in accordance with the terms and time frame set forth herein,
this Agreement and the Processing Agreement shall be terminated and any applications submitted for
LamI Otfer Agreement Bet\Veel'1 Otay Land Company LLC and City of Chula Vista
11
7-16
the Project shall be considered withdrawn by the Owner and any and all hearings for the
Entitlements shall be cancelled.
3.1 () Uni versitv Design. The parties acknowledge and agree that a university will benefit
the citizens of the City and the reglon and could provide a unique opportunity to complement the
development ofthc Property. The City aclmowJedges that the Owner may participate, by providing
input and feedback to the City, in the design of any future university within Gtay Ranch including
the design of the University Property. City agrees to solicit input from Owner, and the public, meet
with Owner to discuss the design of a university, and provide to Owner all non-privileged
documents, stndies and materials relevant to the design and development ofa university. It is the
desire of the parties to work cooperatively, as allowed by law, in the design of the university to
insure compatibility ofJand uses, design and architectnre with other adjacent properties, including
the Project. Notwithstanding the foregoing, nothing contained herein shall be construed as to
restrict the City's ability to exercise its legislative authority or its discretion as to all matters which
the City is by law entitled or required to exercises its discretion with respect to any future decisions
of the City with respectto any matter pertaining to the University Property or design of a university.
ARTICLE 4
GENERAL PROVISIONS
4.1. Infrastructure To Serve University Propertv. Owner will not be required to fund, and
the development ofthe Property shall not be conditioned upon the funding or construction of public
infrastructnre required to serve the University Property including, without limitation, streets,
sanitary, sewer, storm drain, water, park, open space, landscaping and dry utility facilities llnless
City provides reasonable assurance of funding or reimbursement in accordance with State Law
and/or the City's ordinances.
4.2. Universitv Propertv Assessments. City agrees not to impose on the University
Property any special taxes, assessments, fees, charges or other exactions prior to City acceptance of
the Irrevocable Offer of Dedication of the University Property. Owner shall be responsible for
paying any taxes, liens and assessments currently being imposed on the University Property and
Open Space Property tmtil the City has accepted the Offer of Dedication.
4.3. Term. The term of this Agreement and the rights, duties and obligations of the parties
under this Agreement shall expire five (5) years from the Effective Date unless extended due to
Third Party Litigation or Force Majeure as herein defined, except for such provisions herein which
expressly survive beyond the expiration of this five-year term.
4.4. "As Is" Convevance. City is relying solely upon its own inspection, investigation,
and analysis of the University Property and the Open Space Property in entering into this
Agreement. The University Property and Open Space Property will be conveyed to City on an
"as is" basis. The parties agree that Owner makes no representations or warranties regarding the
L.and Otfer Agreement Betwt:en Ohty Land Company UC and City ofChulll Vista
12
7-17
.
condition of the University Property or Open Space Property, or the fitness of said land for
City's intended use or development thereof.
ARTICLE 5
MISCELLANEOUS PROVISIONS
5.1. Entire Al2Ieement. This Agreement, the Processing Agreement and Entitlements set
forth and contains the entire understanding and agreement of the parties, and there are no oral or
written representations, understandings or ancillary covenants, undertakings or agreements which are
not contained or expressly referred to as an Exhibit herein. No testimony or evidence of any such
representations, understandings or covenants shall be admissiblc in any proceeding of any kind or
nature to interpret or determine the terms or conditions of this Agreement.
5.2. Severability. If any term, provision, covenant or condition of this Agreement shall be
determined invalid, void or unenforceable, then this Agreement shall terminate in its entirety, unless
the parties otherwise agree in writing.
5.3. Interpretation and Governing Law. This Agreenlent and any dispute arising
hereunder shall be governed and interpreted in accordance with the laws of the State of California.
This Agreement shall be construed as a whole according to its fair language and common meaning to
achieve the objectives and purposes of the parties hereto, and the rule of constmction to the effect
that ambiguities are to be resolved against the drafting party shall not be employed in interpreting
this Agreement, all parties having been represented by counsel in the negotiation and preparation
hereof.
5.4. Paragraoh Headings. All Paragraph heading and subheadings are inserted for
convenience only and shall not affect any constl1.1ction or interpretation of this Agreement.
5.5. Singular and Plural. As used herein, the singular of any word includes the plural.
5.6. Time of Essence. Time is ofthe essence in the perf01mance of the provisions of this
Agreement as to which time is an element.
5.7. Waiver. Failure of a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon
the default of the other party, shall not constitute a waiver of such party's right to insist and demand
strict compliance by the other party with the terms of this Agreement thereafter.
5.8. No Third Partv Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit for the parties and their successors and assigns. No other person shall have
any right of action based upon any provisions of this Agreement.
5.9. Force Maieure. Neither party shall be deemed to be in default where failure or delay
Land Offer Agrcemenl Between Otay Land Company LLC and City ofChula Vista
13
7-18
in performance of any of its obligations under this Agreement is caused by earthquakes, other Acts
of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's
control (including the party's employment force), governmental reguJ.ations beyond the City's
reasonable control, court actions (such as restraining orders or injunctions), or other causes beyond
the party's reasonable control. If any such event shall occur or should delays be caused by Owner
failing to submit plans or other documents in a timely manner that causes a delay in the City's
processing of the Entitlements, or requests farther changes or amendments to the Project or
Entitlements, the term of this Agreement and the time for performance shall be extended for the
duration of each such event, provided that the te.rm of this Agreement shall not be extended under
any circumstances for more than five (5) years.
5.10. Mutual Covenants. Unless expressly provided otherwise in this Agreement, the
covenants contained herein are mutual covenants and also constitute conditions to the coucurrent or
subsequent performance by the party benefited thereby of the covenants to be performed hereunder
by such benefited party.
5.11. Successors In Interest. Unless expressly provided otherwise in this Agreement, this
Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of
the parties as to any or all of the Property until released by the mutual consent of the parties. The
burden ofthe covenants contained in this Agreement benefit and burdens the Property, its successors
and assigns and any successor in interest thereto as wen as benefit the City. City is deemed the
beneficiary of such covenants for and in its own right and for the purposes of protecting the interest
ofthe community and other parties public or private, in whose favor and for whose benefit of such
covenants running with the land have been provided without regard to whether City has been,
remained or are owners of any particular land or interest therein.
5.12. Counteroarts. The parties may execute this Agreement in counterpmts, which
counterparts shall be construed together and have the sam.e affect as if all the parties had executed
tbe same instrument.
5.13 Jurisdiction and Venue. Any action Dr law or inequity arising under tbis Agreement
or brought by an party hereto for the purpose of enforcing, construing or detennining the validity of
any provision of this Agreement shall be med and tried in the Superior Court ofthe County of San
Diego, State of California, and the parties hereto waive all provisions oflaw providing for the filing,
removal or change of venue to any other court.
5.14. Further Actions and Instnnnents. Each of the parties shall cooperate with and provide
reasonable assistance to the other to the extent contemplated hereunder in the performmlce of all
obligations under this Agreement aud the satisfaction of the conditions oftbis Agreement. Upon tbe
request of either party at any time, the other party shall promptly execute, with acknowledgment or
afiidavit ifreasonably required., and file or record suchreqnired instruments and writings reasonably
acceptable to such party and take any actions as may be reasonably neCeSSlliy under the terms of this
Agreement to carry out the intent and to fulfill the provisions ofthis Agreement, including without
Land OtTer Agrec.."menl Between Omy Lmd Company I.LC and City ofChuin Vista
14
7-19
limitation actions necessary to remove this Agreement from the chain of title as to al] or a portion of
the Property when authorized by this Agreement, provided that neither party will be obligated to
modify any rights or accept any additional obligations or liabilities in connection therewith.
Following City's acceptance ofthe Irrevocable Offer of Dedication for the University Property and
Open Space Property, upon the request of Owner, City will talee actions reasonably necessary to
remove this Agreement from the chain of title of that portion of the Property being conveyed to a
third party.
5.15. Amendments in Writin!!!CootJeration. This Agreement may be amended only by
\"ritten consent of both parties specifically approving the amendment.
5.16. Notices. Any notice caned for in this Agreement shall be sent by hand delivery,
overnight courier service, or by registered or certitied mail as follows:
To City at:
City of Chula Vista
276 Fourth Avenue
\ Chula Vista, CA 9]9]0
Altn: Ann Moore, City Attorney
I . ...........-....-.-------.....-..--..
i Otay Land Company, LLC
. 1903 Wright Place, Suite 220
i Carlsbad, CA 92008
. Attn: Mr. Curt R. Noland
i To Owner at:
\ With a copy to:
1
_..._..__.._._____.___..___......_._...___m ..
Luce, Forward, Hamilton & Scripps LLP
i 600 West Broadway, Suite 2600
. San Diego, CA 9210]
, Attn: Jeffrey A Chine, Esq.
"_..m.________.._
Or such other address as a party may inform the others of from time to time. Any such notices
sent by registered or certified mail, return receipt requested, shall be deemed to have been duly
given and received three (3) business days after the same is so addressed and mailed with
postage prepaid. Notices delivered by overnight service shall be deemed to have been given
upon delivery, charges prepaid to the U.S. Postal Service or private courier. Any notice or other
document sent by any other matter shall be effective only upon actual receipt thereof.
5.17. Authoritv to Executc. Owner and the City each wamUlls and represents that the
person or persons executing this Agreement and Irrevocable Offers of Dedication on their behalf
have the authority to execute this Agreement and Irrevocable Offers of Dedication.
5.18 Exhibits and Attachments. All Exhibits referenced within the Agreement are
incorporated herein and made a part of this Agreement.
L:l1'Id Ofter Agreement Between Omy Land Company LLC and City ofCl,ula Vista
15
7-20
5.19 Termination. In the event this Agreement terminates as provided in
Paragraphs 2.6, 2.7, 2.8, 3.2, 3.3, 3.4, and 3.9 herein, the Entitlements shall be withdrawn, the
Offers of Dedication shall be null and void, and of no further force and effect (the parties shall
promptly take all actions reasonably necessary to promptly remove the document from the chain of
title) and the Processing Agreement also shall tenninate, Owner agrees to promptly pay any
outstanding processing fees due the City in accordance with the Processing Agreement.
5.20 Proiect as A Private UndeJtakillg. It is specifically understood by City and
Owner that (i) theProj ect is a private development; (ii) City has no interest andlor responsibilities
for or duty to the Owner or third parties concerning any improvements to the Property; (iii) Owners
shall have the full power and exclusive control ofthe Property subject to the obligations of Owner
set forth in this Agreement, any otheJ. agreements with City and applicable law; and (iv) the Project
is not a joint venture or partnership between the City and Owner.
5.21 No Attornev fees. No attorneys fees shall be recoverable in connection with
this Agreement, except that in any action between the parties arising our of or related to the City's
obligation to reimburse Owner funds paid City pursuant to Paragraph 3.9, entitled "Endowment",
the prevailing party shall be entitled, in addition to any other relief; to recover its reasonable
attorneys' fees and all other costs reasonably incurred.
(NEXT PAGE IS SIGNATURE PAGE)
Land Offer Agreement Between Otay Lnnd Company LLC 2nd City ofChuJa Vista
16
7-21
APR-09-200a 03:12PM FROM-HomeFed Corporation
7609188200
T-442 P.002/002 F-012
SIGNATURE PAGE TO
LAND OFFER AGREEMENT
IN' WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first set forth above.
CITY OF CHULA'V1STA, apolitical
subdivision of the State of California
OTAYLAND COMPANY, LLC,
a Dela lia .. company
By:
Its:
Donna Norris, Interim Cit Clerk
APPROVED AS TO FORM
EXECUTED BY
Ann Y. Moore, City Attorney
Cheryl Cox, Mayor
Land Offc:r Agreement Betw:cn ~y Land Compllny LLC and City of Chula Vista.
17
7-22
CALIFORNIA AI.L-PURPOSE ACKNOWLEDGMENT
County at
,-.. .'
j/tr
:,(:(:,.\
I
before me,
}
State of California
,'.,',- ! '"" '
On ."!'. -,1'" ,J , )':,y'Y
, : /. .' '-oala
J/::.
, / / '
",.1.,
'/ }'t,'f/{
Here Insert Name and TilW at IhG Officer
\,
personally appeared /1,'. (/ ,
,,/')"'<'i~~'/';
Name(S}oiSigner(s)
- - - - -
- - ..
I<AIlEN st PIERRE "'1
,;:mrniS!ion.. lS0S61S
ary Public . Califomia "
SO"....._~_ !
Mveo -""""""'UtIly
mrn. &pr.... Aug a, 2000
who proved to me on the basis of satisfactory evidence to
be the person(-s) whose name(,,) isia", subscribed to the
within instrument and acknowledged to me thai
helsfle/lAey executed L'1e same in his/Me,ilheir authorized
capacity(ies), and that by hisih€>J:/\~eir signature(s} on the
instrument the person(s}, or the entity upon behalt of
which the person(-s-) acted, executed the instrument.
i certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal AOOvs
WITNESS my h;lnd and oificial seal.
.
Signature ,I (~{{:,,/ "';, t~>l (
Signature 01 NCll!l'Y P;.lblic ._--~"----_.__.
OPTlOflfAl..
Though the information below is not required by taw, It may prove valuable to persons (!3{ying 0/7 the docwTJent
and could prevent fraudulent removal and reattachment of this form to anoihl3r document.
Description of Attached Document
Title or Type of DOGument: __..___.________.___._
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
-_.~--_._.._._--_..._------------_.-
Capacily(ies) Claimed by Signer(s)
Signer's Name:
u Individual
jJ Corporate Officer - Titie(s):
CJ Partner - 0 Limited [J General
[] Attorney in Fact
[] Trustee
o Guardian or Conservator
[] Other:_____________
. .
Top ollhumb hare
SigFle~-'s Name:
= lndjvfduq,l
Corporate Ofiteer - TitJe(s):
L.:: Partner - 0 Limi1~d U General
C Attorney in Fact
o Trustee
[J Guardian or. Conservator _, I
U Other:".!
-----.--..-------.- 't".
"
-
Signer Is Representing:
Signer Is Representing:
'"
6l1313-2402' W'M'I.Na~onaINclary:o;'Q Item #5SQ7 Reorder: Gall Toll-Flee :-t1lJO..'376-6!J2.7
7-23
List of Exhibits
Exhibit A........ Property Description for Undeveloped real property within Villages
4,7,8,9 and the EUC
Exhibit B........ Property Description for 50 acres
Exhibit B-1.... Open Space Description for 160 acres
EJ0ibit c....... Development Agreement Provisions
Exhibit D....... Design Plan
Exhibit E....... Form rOD
Exhibit F. . . . . . .Purchase Agreement
Land Offer Agreement Between Qtay Land Company LLC and City ofChLlln Vista
]8
7-24
EXHIBIT "A"
LEGAL DESCRIPTION
THOSE PORTIONS OF LOTS 16, 17 18,27 AND 28 OF OTAY RANCHO, IN
THE COUNTY OF SAN DIEGO STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF, NO. 862 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY; FEBRUARY 7,1900 AND AS SHOWN
ON RECORD OF SURVEY 16504 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 9, 2000, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
OTAY LAND COMPANY PARCEL "B"
LOTS 27 AND 28 OF OTAY RANCHO, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 7,1900.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE CORNER WHICH IS COMMON TO LOTS 23, 24, 27,
AND 28 OF SAID OTAY RANCHO; THENCE SOUTH 71016'00" WEST
(RECORD: SOUTH 72013;00" WEST), A DISTANCE OF 544.20 FEET TO THE
TRUE POINT OF BEGINNING; THENCE NORTH 1r31'00" WEST (RECORD:
NORTH W34'00" WEST), A DISTANCE OF 97.14 FEET; THENCE NORTH
61008'00" WEST, A DISTANCE OF 1,225.69 FEET; THENCE SOUTH 28059'39"
WEST, A DISTANCE OF 449.11 FEET; THENCE SOUTH 38046'05" EAST, A
DISTANCE OF 980.94 FEET; THENCE 74004'00" EAST, A DISTANCE OF
810.00 FEET; THENCE NORTH 15056'00" WEST, A DISTANCE OF 195.88
FEET; THENCE NORTH 1r31'00" WEST, A DISTANCE OF 66.13 FEET,
RETURNING TO SAID TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THOSE PORTIONS OF SAID LOTS 27 AND
28 CONVEYED BY SAN DIEGO LAND COMPANY TO THE SOUTHERN
CALIFORNIA MOUNTAIN WATER COMPANY, BY DEED DATED APRIL 11,
1912, AND RECORDED JUNE 24,1912 IN BOOK 570, PAGE 113 OF DEEDS,
RECORDS OF SAN DIEGO COUNTY, THE PARCELS OF LAND SO
CONVEYED TO SAID WATER COMPANY BEING THE SOUTH 492.5 FEET OF
THE EAST 506 FEET OF LOT 4 OF SAID OTAY RANCHO AND STRIP OF
LAND VARYING IN WIDTH FROM 100 FEET TO 50 FEET FOllOWING THE
LINE OF THE RIGHT OF WAY OF THE OTAY-SAN DIEGO PIPE LINE AND
THE RIGHT OF WAY OF THE OTAY-CORONADO PIPE LINE, AS DESCRIBED
IN SAID DEED AND SHOWN ON THE MAPS WHICH ARE ATTACHED TO
AND MADE A PART OF SAID INSTRUMENT, REFERENCE BEING HEREBY
MADE TO THE RECORD OF SAID INSTRUMENT FOR A MORE PARTICULAR
DESCRIPTION OF SAID PARCELS.
0:\ 160 136.00IExhibits\LEGAL\leg-163-ex-a.doc
7-25
Page 1 of4
EXHIBIT "A"
LEGAL DESCRIPTION
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED AS PARCEL 3
IN AMENDED COMPLAINT IN CONDEMNATION CIVIL NO. 79-0907-N,
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JANUARY 15,1980 AS DOCUMENT NO. 80-137651.
CONTAINING 278.72 ACRES, MORE OR LESS.
OTAY LAND COMPANY PARCEL "C"
LOTS 16, 17 AND 18 OF OTAY RANCHO, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 7,1900.
EXCEPTING THEREFROM THAT PORTION OF SAID LOT 17, CONVEYED BY
SAN DIEGO LAND COMPANY TO THE SOUTHERN CALIFORNIA MOUNTAIN
WATER COMPANY, BY DEED DATED APRIL 11, 1912, AND RECORDED
JUNE 24, 1912 IN BOOK 570, PAGE 113 OF DEEDS, RECORDS OF SAN
DIEGO COUNTY, THE PARCELS OF LAND SO CONVEYED TO SAID WATER
COMPANY BEING THE SOUTH 492.5 FEET OF THE EAST, 506 FEET OF LOT
4 OF SAID OTAY RANCHO AND STRIPS OF LAND VARYING IN WIDTH
FROM 100 FEET TO 50 FEET FOLLOWING THE LINE OF THE RIGHT OF
WAY OF THE OTAY-SAN DIEGO PIPE LINE AND THE LINE OF THE RIGHT
OF WAY OF THE OTAY-CORONADO PIPE LINE, AS DESCRIBED IN SAID
DEED AND SHOWN ON THE MAPS WHICH ARE ATTACHED TO AND MADE
A PART OF SAID INSTRUMENT, REFERENCE BEING HEREBY MADE TO
THE RECORD OF SAID INSTRUMENT FOR A MORE PARTICULAR
DESCRIPTION OF SAID PARCELS.
ALSO EXCEPTING THEREFROM THAT PORTION OF LOTS 17 AND 18
CONVEYED TO THE STATE OF CALIFORNIA IN DEED RECORDED
SEPTEMBER 1, 2005 AS DOCUMENT NO. 2005-0759298 LYING
SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
0:\ 160 136. OOlExhibitslLEGAL \leg-163-ex -a. doc
7-26
Page 2 of4
EXHIBIT" A"
LEGAL DESCRIPTION
BEGINNING AT A 2" IRON PIPE WITH DISC STAMPED "R.C.E. 22606" PER
RECORD OF SURVEY NO. 16504, RECORDED MARCH 9TH, 2000 IN THE
OFFICE OF SAID COUNTY RECORDER, SAID PIPE MARKING THE
NORTHEAST CORNER OF LOT 2 3 OF SAID OTAY RANCHO, AND BEARING
NORTH 71057'57" EAST 804.798 METERS FROM A 2" IRON PIPE WITH DISC
STAMPED "L.S. 5284" MARKING THE SOUTHWEST CORNER OF LOT 10 OF
MAP NO. 14432, RECORDED AUGUST 30TH, 2 0 02 IN THE OFFICE OF
SAID COUNTY RECORDER; THENCE SOUTH 18040'36" EAST 324.223
METERS TO A POINT HEREIN REFERRED TO AS POINT "A"; THENCE
CONTINUING SOUTH 18040'36" EAST 178.898 METERS TO THE BEGINNING
OF A NON-TANGENT 1629.700 METER RADIUS CURVE CONCAVE
SOUTHWESTERLY, A RADIAL BEARING TO SAID BEGINNING BEARS
NORTH 62020'18" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 03046'15" A DISTANCE OF 107.257
METERS; THENCE NON-TANGENT TO SAID CURVE SOUTH 66004'27"
WEST 2.000 METERS TO THE BEGINNING OF A NON-TANGENT 1627.700
METER RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL BEARING
TO SAID BEGINNING BEARS NORTH 66006'33" EAST; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
07"22'45" A DISTANCE OF 209.633 METERS; THENCE NON-TANGENT TO
SAID CURVE SOUTH 46012'45" EAST 7.041 METERS TO THE BEGINNING
OF A NON-TANGENT 1631.200 METER RADIUS CURVE CONCAVE
SOUTHWESTERLY, A RADIAL BEARING TO SAID BEGINNING BEARS
NORTH 73042'11" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 01037'25" A DISTANCE OF 46.228
METERS; THENCE SOUTH 75019'37" WEST 3.500 METERS TO THE
BEGINNING OF A 1627.700 METER RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 04031'29" A DISTANCE OF 128.541
METERS; THENCE NON-TANGENT TO SAID CURVE SOUTH 18040'36" EAST
87.291 METERS; THENCE SOUTH 08000'06" EAST 19.092 METERS; THENCE
SOUTH 11041'19" EAST 24.481 METERS; THENCE SOUTH 16027'43" EAST
24.874 METERS; THENCE SOUTH 20032'09" EAST 26.118 METERS; THENCE
SOUTH 20053'50" EAST 30.314 METERS; THENCE SOUTH 04019'10" WEST
29.530 METERS; THENCE SOUTH 06003'38"
0:\160136.00IExhibitsILEGAL lleg-163-ex -a. doc
7-27
Page 3 of4
EXHIBIT "A"
LEGAL DESCRIPTION
WEST 77.800 METERS; THENCE SOUTH 05049'22" WEST 22.546 METERS;
THENCE NORTH 79053'42" EAST 32.402 METERS; THENCE SOUTH
01031 '37" WEST 25.439 METERS; THENCE SOUTH 06034'53" WEST 11.008
METERS; THENCE SOUTH 45000'54" WEST 30.733 METERS; THENCE
SOUTH 01 24'21" WEST 77.485 METERS; THENCE SOUTH 11 22'20" WEST
30.117 METERS; THENCE SOUTH 13045'02" WEST 28.527 METERS;
THENCE SOUTH 31010'10" WEST 28.222 METERS; THENCE SOUTH 16
38'48" WEST 22.806 METERS; THENCE SOUTH 08 41'59" WEST 25.640
METERS; THENCE SOUTH 17028'45" WEST 27.925 METERS; THENCE
SOUTH 250 54'42" WEST 26.053 METERS; THENCE SOUTH 01051'20" WEST
90.226 METERS; THENCE SOUTH 12017'55" EAST 34.960 METERS; THENCE
SOUTH 03015'57" WEST 31.934 METERS TO THE BEGINNING OF A NON-
TANGENT 63.657 METER RADIUS CURVE CONCAVE NORTHWESTERLY, A
RADIAL BEARING TO SAID BEGINNING BEARS SOUTH 77041'34" EAST;
THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 76000'21" A DISTANCE OF 84.444
METERS; THENCE NON-TANGENT TO SAID CURVE SOUTH 16012'00"
WEST 157.318 METERS TO THE BEGINNING OF A 1561.900 METER RADIUS
CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE
SOUTHERLY 634.612 METERS THROUGH A CENTRAL ANGLE OF 23016'47"
TO A POINT ON THE SOUTH LINE OF LOT 25 OF SAID OTAY RANCHO,
SAID POINT BEING THE POINT OF TERMINUS AND BEARING NORTH
71022'55" EAST 2555.510 METERS FROM A 2" IRON PIPE WITH DISC
STAMPED "R.C.E. 22606" PER SAID RECORD OF SURVEY, SAID PIPE
MARKING THE SOUTHWEST CORNER OF LOT 3 6 OF SAID OTAY RANCHO.
ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 16 CONVEYED TO
THE COUNTY OF SAN DIEGO IN DOCUMENT RECORDED FEBRUARY 28,
2006 AS DOCUMENT NO. 2006-0139662.
CONTAINING 373.00 ACRES, MORE OR LESS.
DESCRIBED PARCELS CONTAINING A TOTAL OF 651.72 ACRES MORE OR
LESS, AS SHOWN ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF.
L
. KOEPKE, 1.:.8. 7841
SE EXPIRES 12/31/2008
PREPARED UNDER THE DIRECTION OF:
0;\ 160] 36.00lExhibitslLEGAL \leg-163-ex -a. doc
7-28
Page4of4
~ EXHIBIT "A"
f}(;
aC;;Y~
Q,<1;'.:,.~~
LEGEND
1.........4 SUBJECT PROPERTY
EAST H ST.
OL YMP/C PKwY
s..
7....
~~
^~
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OTAY
RES.
OLC OTAYLAND COMPANY
DESIGNA TED
NOTES
o TA Y VALLE
ROAD
1. ALL BEARINGS SHO""" ARE PER R.O.S.
16504, RECORDED 3/9/2000, AS FILE
NO. 2000-120683, IN THE COUNTY OF
SAN DIEGO, STA TE OF CAliFORNIA.
8
AREA TOTALS
NO T TO SCALE
OLC PARCEL "B"
OLC PARCEL "C"
TOTAL
TOTAL FEE AREA = 278.72 ACRES:J:
TOTAL FEE AREA = 373.00 ACRES:J:
651. 72 A CRES:J:
DESCRIPTION EXCEPTIONS
OLC PARCEL "B" ITEMS.'
1 SAN DIEGO-OTA Y PIPEliNE RIGHT OF WA Y, AS SHO""" IN DEED BOOK 937, PAGE 463, RECORDED 7/14/1923 &: DEED
BOOK 598, PAGE 54, RECORDED 12/20/1912.
2 SOUTH SAN DIEGO RESERVOIR, PORTION OF LOT 28 &: 27 GRANTED TO THE CITY OF SAN DIEGO IN DEED RECORDED
8/22/1972 UNDER FlLE/pAGE NO. 2222672, ornCIAL RECORDS.
3 SAN DIEGO-CORONADO PIPELINE RIGHT OF WA Y, AS SHO""" IN DEED BOOl< 570. PAGE 113, RECORDED 6/24/1912.
4 PARCEL 3 IN AMENDED COMPLAINT IN CONDEMNA TlON CIVIL NO. 79-0907-N, RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY. JANUARY 15. 1980 AS DOCUMENT NO. 80-137651
OLC PARCEL "C" ITEMS
5 PORTION OF LOT 17, CONVE:'lFD TO THE SOUTHERN CAliFORNIA MOUNTAIN WAm? COMPANY, BY DEED DATED APRIL
11, 1912, AND RECORDED JUNE 24, 1912 IN BOOl< 570, PAGE 113 OF DEEDS, OmClAL RECORDS.
6 PARCEL 32018-1, A PORTION OF LOTS 17 &: 18 OF OTA Y RANCHO IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, GRANTED TO THE STA TE OF CAliFORNIA IN DEED RECORDED 9/1/2005 UNDER Doc. NO. 2005-0759298.
7 PORTION OF LOT 16 CONVE:'lFD TO THE COUNTY OF SAN DIEGO IN DEED RECORDED 2/28/2006 AS DOC. NO.
2006-0139662.
_ C/C.
. KOEPKE, L.s. 7841
EXP. DA TE: 12/31/2008
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PREPARED BY:
STANTEC CONSULTING INC.
277 RANCHEROS DRIVE
SUITE 300
SAN MARCOS, CA 92069
stantec 760.891.3200 stantec.com
OWNERSHIP EXHIBIT
OTAY RANCH, LLC
COUNTY OF SAN DIEGO
DA TE: 04 0 '2008
DlIG' 163V EXOTl 1
JOB 160163.00
R Yo'
SHEET: 1 OF 3
. EXHIBIT "A"
J I
J~' 29
N71'57'56"E
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2n RANCHEROS DRIVE
SUITE 300
SAN MARCOS, CA 92069
760.891.3200 """'""'"'"
OWNERSHIP EXHIBIT
LOTS 27 & 28, RANCHO OTAY
COUNTY OF SAN DIEGO
DA Tc: 04 10 '2008
Dft{;: 16JV-EXOn-1
JOB . 16016J.00
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SHEET: 2 OF J
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EXHIBIT "A"
N71"57'SrE 2640.38'
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15
STANTEC CONSULTING INC.
277 RANCHEROS DRIVE
SUITE 300
SAN MARCOS. CA 92069
760,891.3200 sI3ntel;.ron
OWNERSHIP EXHIBIT
LOTS 16, 17, 18, RANCHO OTAY
COUNTY OF SAN DIEGO
OA TE: 04 0 "2008
01+1>: 163V-EXOn 1
JOB . 160163. 00
1? IW .
SHEET: 3 OF 3
EXHIBIT "B"
LEGAL DESCRIPTION
UNIVERSITY SITE
THAT PORTION OF LOT 18 OF OTAY RANCHO, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, AND AS SHOWN ON
RECORD OF SURVEY NO. 16504 AS RECORDED IN SAID COUNTY, CONTAINING 50
ACRES, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 18 OF OTAY RANCHO,
THENCE ALONG THE EASTERLY LINE OF SAID LOT 18 AND THE EASTERLY LINE OF LOT
17 OF SAID OTAY RANCHO SOUTH 18'41'16" EAST, A DISTANCE OF 129.28 FEET TO THE
TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID LINE, SOUTH 18"41'16" EAST, A DISTANCE OF 3952.36
FEET;
THENCE LEAVING SAID LINE SOUTH 72'22'53" WEST, A DISTANCE OF 291.33 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS
OF 2063.95 FEET SOUTH 18'41'16" EAST, A DISTANCE OF 3952.36 FEET;
THENCE ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 208.02 FEET THROUGH
A CENTRAL ANGLE OF 5046'29";
THENCE NORTH 68'32'44" WEST, A DISTANCE OF 13.57 FEET;
THENCE NORTH 24'54'50" WEST, A DISTANCE OF 41.94 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 568.49 FEET;
THENCE ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 64.89 FEET THROUGH
A CENTRAL ANGLE OF 6032'24";
THENCE NORTH 18'22'26" WEST, A DISTANCE OF 2661.09 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 331.49 FEET;
THENCE ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 137.85 FEET THROUGH
A CENTRAL ANGLE OF 23049'36",;
THENCE NORTH 42'12'02" WEST, A DISTANCE OF 875.51 FEET;
THENCE NORTH 08'27'06" EAST, A DISTANCE OF 29.29 FEET;
THENCE NORTH 54'25'57" EAST, A DISTANCE OF 149.29 FEET;
THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS
OF 1435.96 FEET;
O:1160136.00lExhibitsILEGALlleg-163-ex-b.doc Page 1 ~ ~3 2
EXHIBIT "B"
LEGAL DESCRIPTION
UNIVERSITY SITE
THENCE ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 37.92 FEET THROUGH
A CENTRAL ANGLE OF 1030'47";
THENCE NORTH 55056'44" EAST, A DISTANCE OF 682.53 FEET;
THENCE SOUTH 73020'04" EAST, A DISTANCE OF 35.34 FEET TO THE TRUE POINT OF
BEGINNING;
DESCRIBED PARCEL CONTAINING: 50.00 ACRES AND AS SHOWN ON ATTACHED
EXHIBIT "B".
PREPARED BY:
-r: /,0 oS
D TE
O:\160136.00lExhibits\LEGAL\leg_163_ex_b.doc Page 2 of 2
7-33
EXHIBIT "B"
o AY
VALLE
~I'\l
;Ie
,<GI'r2
"\~v-
VICINITY MAP:
NOT TO SCALE
NOTES:
LEGEND:
( ) INDlCAT<S RfC()RD LlA7iI PER ROS 16504
P,O.C. INDlCAT<S POINT OF COMMENCD/ENT
T.P.O.B. INDlCAT<S TRUE POINT OF BEGINNING.
TOTAL AR60I OF UNIVERSITY SITE PARCEL = 50.00 ACRES
INDICAT<S EASEMENT UNE.
INDlCAT<S PARCEL UHf.
1) ALL DIMENSIONS SHOWN HEREON ARE COMPIlED F1/OI.t RECORD LlATA.
2) EXlSTING PROPEl?TY AREAS SHOWN HEREON ARE CALCULATED F1/OI.t RECORD LlATA
EA~ NOTFS :
@ AN EASDlENT TO THE car OF CHUIA lofSTA FOR SLOPE AND
DI1AINAGE PURPOSES. RECORDED DECElIBER 28, 2005 AS
DOCUMENT NO. 2005-1108994.
@ AN EASDlENT FOR GENEI1AL UTII.ITY AND ACCESS PURPOSES TO
TIlE car OF CHUIA lofSTA, RECORDED DECElIBER 28, 2005 AS
DOCUMENT NO. 2005-1108995-
@ AN EASDlENT FOR STORM ORNN PURPOSES TO THE car OF
CHUIA 1oISTA, RECORDED DECD/HER 28, 2005 AS DOCUMENT NO.
2005-1108996.
DA TE: 04 10 '2008
DHG: 163V-EXOT3 1
JOB 160163.00
STANTEC CONSULTING INC.
277 RANCHEROS DRIVE
SUITE 300
SAN MARCOS, CA 92069
760.891.3200 stantse.com
UNIVERSITY SITE, OTAY RANCHO
CITY OF CHULA VISTA
COUNTY OF SAN DIEGO
5tantec
EXHIBIT "B"
LOT 19
P.O.C.
t.lOST NORTHERLY I
CORNER LOT l'
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UNE TABLE CURVE TABLE j L2 en
<
NO. BEARING DIST. NO. DELTA RADIUS LENGTH
L1 N7 "22'53" 291.33' C1 5'46'29" 2063.95' 08.02'
L2 N88"32' 44"W 1 .57' C2 6'32'24" 568.49' 64.89'
L3 N24'54'50"W 41.94' C3 23'49'36" 331.49' 137.85'
L4 N08"27'06"E 29.9' C4 1"30'47" 1435.96' 37.92'
L5 N54"25'57"E 149.29' SCALE: 1" = 600'
L6 N73"20'04"W 35.34'
UNIVERSITY SITE, OTAY RANCHO DA TE: 04 10 '2008
STANTEC CONSULTING INC. DI+G: 163V-EXDTJ 1
277 RANCHEROS DRIVE CITY OF CHULA VISTA
SUITE 300 JOB 160163. 00
SAN MARCOS, CA 92069 COUNTY OF SAN DIEGO yo.
5tamec 760.891.3200 -.con SHEET.' 2 OF 3
EXHIBIT "B"
LOT 19
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OTA Y RANCHO
UNIVERSITY SITE
50.00 ACRES
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SCALE: 1" = 100'
DETAIL 'A'
UNE TABLE
NO. BEARING DIST.
l6 N73'20'04"W 35.34'
Stantec
STANTEC CONSULTING INC.
277 RANCHEROS DRIVE
SUITE 300
SAN MARCOS, CA 92069
760.891.3200
UNIVERSITY SITE, OTAY RANCHO
CITY OF CHULA VISTA
COUNTY OF SAN DIEGO
""'"'-='"
DA TE: 04 0 '2008
D~: 16.JV-EXOT.J-l
JOB 160163. 00
SHEET: .J OF .J
EXHIBIT "B-1"
LEGAL DESCRIPTION
THOSE PORTIONS OF SECTIONS 29 AND 30, TOWNSHIP 17 SOUTH,
RANGE 1 EAST, S.B.M., ALL IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 30;
TOGETHER WITH
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 30;
AND TOGETHER WITH
THE WESTERLY 598.81 FEET AS MEASURED PARALLEL WITH THE SOUTH
LINE OF SAID SECTION 29 OF THE SOUTHWEST QUARTER OF SAID
SECTION 29.
AND TOGETHER WITH
LOTS 16 OF OTAY RANCHO, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 7, 1900,
EXCEPTING THEREFROM THAT PORTION OF LOT 16 CONVEYED TO THE
COUNTY OF SAN DIEGO IN DOCUMENT RECORDED FEBRUARY 28, 2006
AS DOCUMENT NO. 2006-0139662.
ALL CONTAINING 160.00 ACRES, AS SHOWN ON EXHIBIT "B-1", ATTACHED
HERETO AND MADE A PART HEREOF.
PREPARED UNDER THE DIRECTION OF:
~~ L,~j :;-
JO " . KOEPKE, L.S. 7841
LI SE EXPIRES 12/31/2008
--f/?CJ <'~
DATE
0:\ 160136.00\Exhibils\LEGAL\leg-163-ex-b1.doc
7-37
Page 1 of 1
EXHIBIT "B-1"
8
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SUBJECT
PR.OP. ERTYj
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LEGEND
.. . .1 SUBJE:CTPROPERTY, CONTAiNiNG
160.00 AC.:J:
EAST H ST.
NOTES
o TA Y VALLEY ROAD
1. ALL DiSTANCES SHOftN HEREON ARE
GROUND DiSTANCES. THE SCALE
FACTOR is 0.999999861 AND is BASED
ON THE P.O.B. SHOWN.
2. ALL BEARiNGS SHOftN ARE PER R.O.S.
16315. RECORDED 8/27/1999. AS ALE
NO. 1999-594396 iN THE COUNTY OF
SAN DiEGO. STA 7E OF CALIFORNiA.
VICINITY MAP
NO T TO SCALE
/JI~ t-. ffIf-
JOItf.!- KOEPKE, L.s. '841
LIe. EXP. DA TE: 12/31/2008
~%&
VA TE:
PREPARED BY:
STANTEC CONSULTING INC.
277 RANCHEROS DRIVE
SUITE 300
SAN MARCOS, CA 92069
760.891.3200 """"'""'"
PORTIONS OF SEC. 29 & 30,
TWP. 17S, R. 1E, S.B.M.
COUNTY OF SAN DIEGO
DA TE: 04 10 '2008
DlK;: 163'1 "X0T2-1
JOB 160163.00
stantec
EXHIBIT "B-1"
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30 29
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277 RANCHEROS DRIVE
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760.891.3200
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PORTION OF LOT 16,
RANCHO OTAY
COUNTY OF SAN DIEGO
STANTEC CONSULTING INC,
277 RANCHEROS DRIVE
SUITE 300
SAN MARCOS. CA 92069
760.891.3200
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SHUT: J OF J
EXHIBIT C
DEVELOP1'v1ENT AGREE1'v1ENT PROVISIONS
1. Term. The following language shall be added to the end of the last sentence of the fIrst full
paragraph of Section 3 of the existing Development Agreement:
"from , 20_, the date upon which the City may accept the
Offers of Dedication in Sections 3.3 of that certain "Land Offer Agreement" by and
between the City and Otay Land Company, LLC, a Delaware limited liability
company, approved by the City Council on ,2008."
2. Tentative Mao/Permit Duration. Section 6.2 of the existing Development Agreement,
entitled "Length of Validity of Tentative Subdivision Maps," is hereby deleted in its entirety and
replaced with the following:
"6.2 Tentative Mao/Permit Duration. Pursuant to California Government Code
section 66452.6, any tentative subdivision map, parcel map or other map authorized
by the State Subdivision Map Act that is approved for the Project shall remain valid
for a period of time equal to a term of this Agreement. In addition, notwithstanding
any condition or provision to the contrary, every permit and approval for the Project
other than ministerial approvals shall remain valid for a period of time equal to the
term of this Agreement."
3. Growth Management. The second full paragraph of Section 5.2 appearing at page 8 of the
existing Development Agreement, entitled "Development of Property," which begins
"Notwithstanding the foregoing," shall be deleted in its entirety and replaced with the following:
"Notwithstanding any provision of this Agreement to the contrary, the City's Growth
Management program, as set forth in the Growth Management Element of the City's
General Plan, applicable to the Project shall be those in effect on the date the City
approves the Land Offer Agreement referenced in Section 3 hereof."
4. ModifIcations to Existing Proiect Aoorovals. The following sentence shall be added
to the end of Section 5.2.3 of the existing Development Agreement:
"The parties agree that they accept the modifications to the Existing Project
Approvals approved by the City Council on ,20_."
5. Reimbursement. At the end of the fIrst sentence of Section 7.5 of the existing
Development Agreement, entitled "Facilities Which are the Obligations of Another Party, or
are of Excessive Size, Capacity, Length or Number," a new sentence shall be inserted as
follows:
101071974.2
7-41
101071974.2
"City shall not require such monies or improvements unless City provides
reasonable assurance of funding or reimbursement in accordance with State
law and/or the City's ordinances."
7-42
/
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EXHIBIT "0"
OTA Y LAND COMPANY I
PARCEL "B"
LAND USE PLAN
'00 G~APHI~ SCALE:
(DHUT)
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TRANSIT STOP
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PARCEL B
LAND GROSS ACRES DU
USE/DISTRICT
TC 27,78 306
MUlTO n91 487
M 37,61 380
lM 135.96 627
RE5ERVD1R 21,26 0
DS 25.40 0
319.92 1800
AREA
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3
4
6
TOTALS
GROS5 DU/AC
11.0
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4.6
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2nRanchamDr.,Suit&300
Sill Marcas.CA1l2069
P: (760l 8S,':I2lJO
F: (7110) 891-3201
www.Sl8<1leC.<;Om
DATE: 04107/08
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EXHIBIT "0"
OTAY LAND COMPANY
PARCEL "C"
LAND USE PLAN
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USE/DISTRICT GROSS ACRES
DU
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19.8
14.4
11.0
S.4
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EUC 59.30 1375
TC 94.82 1874
MH 31.13 449
M 24.42 269
LM 52.21 283
UNIV 54.70 (1) 0
TOTALS 316.58 4250
(1) SONET ACRES (EXCLUDING ADJACENy!..R!7{ RIGHTS-OF-WA Y)
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Z17 RancherosOr.,Sllilll 300
San Mal'COi,CA920ag
P: I7GO) S91.3200
(<-(7601691.3201
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DATE: 04107108
EXHIBIT "E"
Ion
TO BE PROVIDED
AT THE MEETING
PER CITY ATTORNEY MOORE
7-45
EXHIBIT E
TO
AGENDA ITEM #7
(LAND OFFER AGREEMENT
BETWEEN
THE OTAY LAND COMPANY
AND
THE CITY OF CHULA VISTA)
7-Lt'-. -I
/-'
EXHIBIT E
Recording Requested by
and Please &turn to:
/
City Clerk
City of Chula Vista
P.O. Box 1087
Chub Vista, California 91912
This Instrument Benefits City Only
No Pee Required
This Space for &corder's Use Only
APN(s)
C.V. File No.
IRREVOCABLE OFFER
OF DEDICATION OF FEE INTEREST
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE OTA Y
LAND COMPANY LLC, a Delaware limited liability company ("Owner"), represent tbat, as tbe owner
of tbe herein-described real property, hereby makes an Irrevocable Offer of Dedication of fee interest to
THE CITY OP CHULA VISTA, A MUNICIPAL CORPORATION ("City"), tbe hereinafter described
real property for tbe following public purpose:
FOR HIGHER EDUCATION AND RELATED COMPATIBLE
USES, ACTIVE PUBLIC RECREATION, QUASI PUBLIC AND
ALL OTHER USES INCLUDING RESIDENTIAL USES,
INDUSTRIAL AND COMMERCIAL.
The property referred to above is situated in tbe City of Chula Vista, County of San Diego, State of
California and is more particularly described on Exhibit "A" attached hereto and incorporated herein by
this reference tbe ("Property").
This Offer of Dedication is made pursuant to Section 7050 of the Government Code of tbe State of
California and tbe terms and conditions of tbat certain Land Offer Agreement by and between Owner
and City dated April 7, 2008, which Land Offer Agreement is incorporated herein by reference.
This Offer of Dedication may be accepted by tbe City Clerk of tbe City of Chula Vista only in
accordance witb tbe Land Offer Agreement.
This Offer of Dedication of fee interest shall be irrevocable and shall be binding on tbe Owner, its heirs,
executors, administrators, successors and assigns.
- 1 -
7 ,/- ).
"'-h .~-. ""
j--' ..-.I;,."."
EXHIBIT E
Pursuant to Article 2 of the Land Offer Agreement, following the City's acceptance of this Offer of
Dedication, Owner shall retain certain rights to repurchase all or a portion of the Property ("Repurchase
Rights") for the term specified in Section 2.1 of the Land Offer Agreement. It is the intention of the
parties that the Repurchase Rights shall be covenants running with the land pursuant to applicable law,
including, but not limited to Section 1468 of the Civil Code of the State of California. The City and
Owner agree that each of the limitations, covenants, conditions, and restrictions contained herein, and
as incorporated by reference from the Land Offer Agreement (i) is for the benefit of certain real
property described on Exhibit "B" attached hereto and incorporated herein (the "Benefited Property")
and is a burden upon the Property, (ii) attaches to and runs with the Property and the Benefited
Property, (iii) benefits each successor owner during its ownership of the Benefited Property or any
portion thereof, and (iv) is binding upon each successor owner during its ownership of the Property or
any portion thereof, and each owner having any interest therein derived in any manner through any
owner of the Property or any portion thereof, whether by operation of law or any manner whatsoever.
Notwithstanding the foregoing, Owner may elect from time to time, in accordance with the terms of the
Land Offer Agreement, by a duly recorded document to remove any portion of the Benefited Property
from the benefit of the covenants set forth herein.
[SIGNATURES ON FOLLOWING PAGE]
- 2 -
'''1 ~ /r'S-3
/ .~
EXHIBIT E
SIGNATURE PAGE TO
IRREVOCABLE OFFER
OF DEDICATION OF FEE INTEREST
IN WITNESS WHEREOF, the parties hereto have executed this Irrevocable Offer of
Dedication of Fee Interest on the day and year first set forth above.
CITY OF CHULA VISTA, a political
subdivision of the State of California
OTA Y LAND COMPANY, LLC,
a Delaware limited liability company
By:
Its:
By:
Curt Noland, Vice President
Donna Norris, Interim City Clerk
APPROVED AS TO FORM
EXECUTED BY
Ann Y. Moore, City Attorney
Cheryl Cox, Mayor
101086936.1
- 3 -
7~t/5~t./
EXHIBIT E
Recording Requested !Jy
and Please Return to:
/
City Clerk
City of Chula Vista
P.O. Box 1087
Chub Vista, California 91912
This Instrument Benifits City OnlY
No Fee Required
This Space fOr Recorder's Use OnlY
APN(s)
C.V. File No.
IRREVOCABLE OFFER
OF DEDICATION OF FEE INTEREST
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE OT A Y
LAND COMPANY LLC, a Delaware limited liability company ("Owner"), represent that, as the
owner of the herein-described real property, Owner hereby makes an Irrevocable Offer ofDedication
offee interest to THE CITY OF CHULA VISTA, A MUNICIP AL CORPORATION, the hereinafter
described real property for the following public purpose:
OPEN SPACE, MITIGATION, ACTIVE RECREATION AND ANY USES
PERMITTED IN ACCORDANCE WITH THE OTAY RANCH
GENERAL DEVELOPMENT PLAN
The real property referred to above is situated in the City of Chula Vista, County of San Diego, State of
California and is more particularly described on Exhibit "A" attached hereto and incorporated herein by
this reference ("Property").
This Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State of
California and the terms and conditions of that cert:Un Land Offer Agreement dated April 7, 2008, by
and between City and Owner ("Land Offer Agreement"). This Offer of Dedication be accepted by the
City Clerk of the City of Chula Vista only in accordance with the Land Offer Agreement.
This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Owner, its heirs,
executors, administrators, successors and assigns.
[SIGNATURES ON FOLLOWING PAGE]
- 1 -
7-7'S~ 5"
EXHIBIT E
SIGNATURE PAGE
Signed this
day of
.2008.
OTAY LAND COMPANY, LLC,
a Delaware limited liability company
By:
By:
101087018.1
- 2 -
7~~S-(P
EXHIBIT F
AGREEMENT OF PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
TO:
THIS AGREEMENT OF
and entered into
between
"SELLER"), and
"Buyer") .
PURCHASE AND SALE AND ESCROW
this day of
INSTRUCTIONS is made
by 'and
(hereinafter
(hereinafter
RECITALS
SELLER is the owner of certain real property located in the County
of San Diego, State of California, containing approximately 45
acres, as legally described on Exhibit "1" attached hereto
("Property") .
AGREEMENT
NOW, THEREFORE, in consideration of the covenants and promises
contained herein, the parties agree as follows:
1. PURCHASE OF PROPERTY
SELLER agrees to sell the Property to Buyer and Buyer agrees
to purchase the Property, upon the terms and conditions herein
contained.
2. PURCHASE PRICE
The purchase price for the Property to be paid by Buyer SHALL
BE Dollars
($ ) .
3. TERMS OF PAYMENT OF PURCHASE PRICE
The purchase price shall be paid as follows:
4. CONDITIONS PRECEDENT TO CLOSING
7-46
EXHIBIT F
5. ESCROW
This Agreement constitutes joint escrow instructions to ___
("Escrow Holder") instructing it to consummate this sale upon
the terms and conditions set forth herein. Escrow Holder
shall be concerned with the provisions of this paragraph and
the paragraphs and sUbparagraphs below.
(a) Opening. Escrow shall open within three (3) days after
execution of this Agreement by the parties.
(b) Deposit. Upon opening escrow, Buyer shall deposit:
(c) Effective Date. The effective date for all time
requirements under this Agreement shall be the opening of
escrow.
(d) Closing Date. This escrow shall close on or before
(e) Prorations. All ordinary real property taxes levied or
assessed against the Property shall be prorated between
Buyer and SELLER on the basis of the latest bills and
thirty (30) day month (360 day year) as of the close of
escrow.
(f) Payment of Costs. The expenses of escrow described
herein shall be paid in the following manner:
1. Seller shall pay the full cost of preparing,
executing and acknowledging any deeds or other
instruments required to convey title to the Property
to Buyer, any tax that may be imposed on the
conveyance of title to the Property to Buyer under
the Documentary Transfer Tax Act of California, and
one-half of the escrow fees.
2. Buyer shall pay the cost of recording the
Grant Deed or other instrument executed by
SELLER conveying title to the Property to Buyer
and one-half of the escrow fees.
(g) Possession. Possession of the Property shall be
delivered to Buyer on close of escrow.
2
7-47
EXHIBIT F
6. NOTICES
All notes under this Agreement shall be effective upon
personal deliver to SELLER, Buyer, or Escrow Holder, as the
case may be, or forth-eight (48) hours after deposit in the
United States mail, registered or certified mail, postage
fully prepaid, and addressed to the respective parties as
follows:
To SELLER:
To BUYER:
To Escrow Holder:
or to such other address as the parties may from time to time
designate in writing.
7. ACCESS
Buyer shall be entitled to reasonable access to the Property
at any time prior to the close of escrow for the purpose of
making such engineering, surveying, soils, geology and
environmental studies as Buyer may reasonably deem necessary,
all of which will be completed at no expense to SELLER. Buyer
agrees to indemnify and hold SELLER and the Property free and
harmless from any and all liens, costs, liabilities or
expenses incurred in connection with such engineering,
surveying, soils, geology and environmental studies.
8. ATTORNEYS' FEES
In any action between Buyer and SELLER seeking enforcement or
interpretation of any of the terms or provisions of this
Agreement, or in connection with any of the Property described
herein, the prevailing party in such action shall be awarded, in
addition to damages, injunctive or other relief, its
reasonable cost and expenses, not limited to taxable costs,
and reasonable attorneys' fees.
1-48
EXHIBIT F
9. ASSIGNMENT
Buyer shall have the right to assign this Agreement and the
rights and responsibilities under it with the consent of
SELLER, which consent shall not be unreasonably withheld.
10. TIME OF ESSENCE
Time is of the essence in this Agreement.
11. PERFORMANCE OF ACTS
The parties hereto agree to perform
documents as may be required to
purposes of this Agreement.
such acts and execute such
carry out the terms and
12. PROPERTY "AS IS"
Buyer is relying solely upon its own inspections,
investigations and analyses of the Property in entering
into this Agreement and is not relying in any way upon
any representations, statements, agreements, warranties,
studies, reports, descriptions, guidelines or other
information or material furnished by Seller or its
representatives, whether oral or written, express or implies
of any nature whatsoever regarding any such matters. Buyer
acknowledges that it has become familiar with the
Property and made such independent investigations
and analysis as Buyer deems necessary or appropriate
concerning Buyer's proposed use, sale and development of the
Property.
13. MISCELLANEOUS
This Agreement shall be construed in accordance with the laws
of the State of California. This Agreement may be executed in
counterparts. This Agreement shall be binding upon and shall
inure to the benefit of all the parties hereto, their
beneficiaries, successors and assigns.
Headings at the beginning of each numbered section of the
Agreement are solely for the convenience of the parties and
are not a part of this Agreement. This Agreement contains all
of the agreements of the parties hereto with respect to the
matters contained herein and no prlor agreement or
understanding pertaining to any such matter shall be effective
for any purpose. No provision of this Agreement may be
amended or added to except by an agreement in writing signed
by the parties hereto or their respective successors in
interest.
(NEXT PAGE IS SIGNATURE PAGE)
4
7-49
EXHIBIT F
SIGNATURE PAGE TO
AGREEMENT OF PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
IN WITNESS WHEREOF, Buyer and SELLER have executed this Agreement
the day and year first above written.
"BUYER"
By
"SELLER"
By
Receipt of executed copy of this Agreement is hereby acknowledged
this day of
By
7-50
EXHIBIT F
Legal Description
H; \Home\Attomey\OfferPur.l
6
7-51
4-~1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORlZING THE MAYOR TO ENTER
INTO A LAND OFFER AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND OTAY LAND COMPANY FOR
CONVEYANCE OF 210 ACRES TO THE CITY FOR
UNIVERSITY/REGIONAL TECHNOLOGY PARK
DEVELOPMENT AND MITIGATION PURPOSES,
ACKNOWLEDGING THE OFFERS OF DEDICATION AND
ACCEPTANCE OF 1 MILLION DOLLARS FOR UNIVERSITY
RECRUITMENT AND PLANNING PURPOSES.
WHEREAS, in adopting the Otay Ranch General Development Plan in 1993 the City of
Chula Vista formally declared its intent to plan for and pursue an institution(s) of higher learning
within it's municipal boundaries; and
WHEREAS, the updated City of Chula Vista General Plan in December 2005 recognized
the many benefits of a Regional Technology Park, which would be associated with the
University(ies); and
WHEREAS, under the terms of the proposed Land Offer Agreement, The Otay Land
Company would agree to convey 210 acres, 50 of which will be utilized as a portion of the
proposed "University / Regional Technology Park Site"; and
WHEREAS, under terms of the Land Offer Agreement, the Otay Land Company will
provide the City of Chula Vista with 2 million dollars to be utilized for University Recruitment
and Land Planning purposes, one million upon execution of this Agreement and one million
upon approval of the entitlements.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the Land Offer Agreement between the City of Chula Vista and Otay Land
Company for conveyance of 210 acres to the City for University/Regional Technology Park and
associated mitigation purposes, a copy of which shall be kept on file in the Office of the City
Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement on behalf of the City of Chula for staff to
acknowledge the offer to dedicate 210 acres, and accept one million dollars for university
recruitment and planning purposes.
Presented by
Approved as to form by
James D. Sandoval, AICP
Director of Planning and Building
~~
Annoore
City Attorney
C\Documents and Settings\dianav\Local Settings\Temporary Internet Files\OLK29\UNIVERSITY LAND OFFER AGRMNT OT A Y LAND CO.doc
7-52