Loading...
HomeMy WebLinkAbout2008/06/17 Item 5 CITY COUNCIL AGENDA STATEMENT ~\~ eln' OF ~CHULA VISTA 6/17/08, Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR AUTO PARK NORTH <' TENTATIVE PARCEL MAP 03-0' sr 4/STHS VOTE: YES 0 NO [g] SUBMITTED BY: REVIEWED BY: CITY MANAGER ASSIST ANT CITY SUMMARY The proposed action would allow and obligate the Chula Vista Auto Park Association, a California nonprofit mutual benefit corporation ("Association") to perpetually maintain the landscape and hardscape within the right-of-way for this commercial development project known as Auto Park North. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(2) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Auto Park North project consists of eleven parcels per Final Parcel Map No. 19306 and has been developed as part of a planned commercial development. Condition # 24 of Tentative Parcel Map 03-03 CTPM") and Section 7 of Supplemental Parcel Map Improvement Agreement for the project, recorded on August 26, 2003 ("Supplemental 5-1 ,- 6/17/08, Item --' Page 2 of2 Agreement"), requires the Developer, or its Successor in Interest, to enter into a Grant of Easements and Maintenance Agreement with the City for the purpose of maintaining, repairing, and replacing certain project landscaping, irrigation and hardscape improvements within the public right-of-way. The Association is the Developer's Successor in Interest and, therefore subject to the obligations of Condition #24 of the TPM and Section 7 of the Supplemental Agreement. In satisfaction of those conditions, the proposed Grant of Easements and Maintenance Agreement for Auto Park North Tentative Parcel Map 03-03 establishes specific obligations and responsibilities regarding the maintenance of certain public improvements located along the public parkways within the City's right-of-way. It furthermore requires the maintenance of enhanced paving. The Grant of Easements and Maintenance Agreement for Auto Park North Tentative Parcel Map 03-03 is attached herewith as Exhibit "A". DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMPACT There is no impact to the General Fund. The Association has paid all fees and other costs associated with the proposed agreement. A TT ACHMENTS Attachment I Attachment 2 Chula Vista Auto Park North Vicinity Map Developer's Disclosure Statement Exhibit A Grant of Easements and Maintenance Agreement for Auto Park North Tentative Parcel Map 03-03 Prepared by: Boushra Salem, Senior Civil Engineer, Engineering Department J:\Engineer\AGENDA\CAS2008\07-08-08\EP-274 AlIto Park Grant oj Easements.doc 5-2 A IT ACHMENT II b_.___ .c r~, .-4 CHULA VISTA AUTO PARK NORTH - -or' ----------------- 1 \"'''\ j I \ " _,;<;<:f\-~!;j I j \ 'olv 'It _____ ,".I \- \ ____-\;:1-/0 .___.~~.; >--' - ---.-.----. -~...-\ \-: D . . .. ' ...... , r ':l "r" ,..".... ' ;.4~~ \\ \\:, r I , ~/CoC I, .0 il ~ .1,,"" C~) ~ \~ t~-~v~\ '\..--.--. ... 1\-- If'" \ \ A\'[ , .-;:&i-:-~f --:~. ~- \ --- '. AF' ~7?! ~ \\ '" ";:{i-~f'------~t'!:. (:O~~ 'i\\ -~ I~ ~JAUTO PARK.......... .;:.~. ";.':':'3 . " ~1 '. PlACE ,"--, --q '-0 PAI'~ I . I . L -_-1?:t~;l;r~y,tNUE \ MArl!, s,/~r.:'-I ::In....''...~ - "'" ~+=~",a ~ICI:IT~~1AP NOT TO .sC.~LE -----------.-.-------------. 5-3 f\iIAtHMEJJT d- City of Chula Vista Disclosure Statement Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or tinancial interests, payments, or campaign contributions for a City ofChula Vista election must be tiled. The following information must be disclosed: I. list the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, m:1terial supplier. , --"'<J if; /L/,~ ~.;& 2. If any person' identilied pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. #4- 3. Tfany person' identilied pursuant to (I) above is a non-prolit organization or tl1.lst, list the names ot'any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. ~ tf/- IV 4. Please identify every person, including any agents, employees, consultants, or independent contractors you IU1Ve assigned to represent you before the City in this matter. }/ tJM~--=- 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months. Ycs_ NO-A- 5-4 City of Chula Vista Disclosure Statement [f Yes, briefly describe the nature of the financial interest the official*' may have in this contract. 6. Have you made a contributcon afmare than $250 wcthin the past twelve (12) manths to a current member of the Chula Vista City Council? Na f Yes _ If yes, which Cauncil member') 7. Have you provided more than 5340 (ar an ctem of equivalent value) to an official** afthe City afChula Vista in the past twelve (12) months? (This includes being a source of income, money to retire n legal debt, gift, loan, etc.) Yes _ No ~ [[Yes, which official** and what was the nature of item provided? Date: tf-4' ("pI * Person is defined as: any individual, firm, co-partllership,jointventure, association, social club, fratemal organization, corporation, estate, tmst, receiver, syndicate, any other county, city, municipality, clistl;ct, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member ofa board, commission. or committee of the City, employee, or staff members. J:\AllonJ<:y\forms\disclusure ,lalemelll 3-6-03 5-5 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENTS FOR AUTO PARK NORTH TENTATIVE PARCEL MAP 03-03 (DEDICATED EASEMENT) WHEREAS, Auto Park North has been developed as part of a planned commercial development and is subject to the conditions of Tentative Parcel Map 03-03 ("TPM"); and WHEREAS, Knowlton Realty Advisors, LLC ("Knowlton") and the City entered into a Supplemental Parcel Map Improvement Agreement, which was recorded on August 26,2003 (the "Agreemenf'); and WHEREAS, Condition No. 24 of the TPM and Section 7 of the Agreement require the developer, or its successor-in-interest, to enter into a Grant of Easements and Maintenance Agreement to establish responsibility for maintaining, repairing and replacing certain project landscaping, irrigation and hardscape improvements within the public right-of-way; and WHEREAS, Chula Vista Auto Park Association (the "Association") is the successor-in- interest to Knowlton and, as such, is obligated under the TPM and the Agreement; and WHEREAS, in order to satisfy those obligations, the Association and the City desire to enter into the "Grant of Easements and Maintenance Agreement for Auto Park North Tentative Parcel Map 03-03 (Dedicated Easement)," a copy of which is on file in the office of the City Clerk, (the "Maintenance Agreement"); and WHEREAS, the Maintenance Agreement establishes specific obligations and responsibilities regarding the maintenance of certain public improvements located along the public parkways within the City's right-of-way and requires the maintenance of enhanced paving. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby approve the "Grant of Easements and Maintenance Agreement for Auto Park North Tentative Parcel Map 03-03 (Dedicated Easement)," which is on file in the office of the City Clerk. Presented by: Approved as to form by: Richard A. Hopkins Director of Engineering . r1..f~ d \'..--!:lLo~ t'- /L~/CJ' l-n'\. Bart Miesfe d 1/ Interim City Attorney H:\ENGINEERIRESOS\Resos2008\06-17-08\GE;..1A ror Auto Park North revised by jdsm.doc 5-6 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~Lo~.lL \j;~h,-- Bart C. Miesfeld {/ Interim City Attorney Dated: 6//((og , 1 Grant of Easements and Maintenance Agreement for Auto Park North Tentative Parcel Map 03-03 (Dedicated Easement) 5-7 EXHIBIT P Ai' Recording Requested by and Please Return to: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 This Instrument Benefits City Only. No Fee Required. Or Recorder's Use Only C.V. File No.: EP-274 GR.\1'1T OF EASE1VJ:Ej''iTS At"'D MAINTENA1'\'CE AGREEMENT FOR AUTO PARK NORTH TENTATIVE PARCEL MAP 03-03 (DEDICATED EASEMENT) This GRANT OF EASEMENTS,AND MAINTENANCE AGREEMENT ("Agreement") is made as of this day of ,2008, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and CHULA VISTA AUTO PARK ASSOCiATION, a California nonprofit mutual benefit corporation ("Association"). RECITALS A. WHEREAS, This Agreement concerns and affects certain real property located in Chula . Vista, California, more particularly described in Exhibit "A", attached hereto and incorporated herein by reference ("Property"). The Property has been developed as part of a planned commercial development project commonly known as Auto Park North. B. WHEREAS, The Property is covered by the certain Parcel Map No. 19306 (the "Parcel Map") described Exhibit "A", attached hereto and referenced in the title to this Agreement. C. WlJEREAS, Condition # 24 of Tentative Parcel Map 03-03 ("TPM"), required the Developer, or its Successor in mterest, to enter into a Grant of Easements and Maintenance Agreement with the City for the maintenance of Landscaping and Irrigation within the public right-of-ways; and D. WHEREAS, Section 7 of Supplemental Parcel Map Improvement Agreement for Auto Park North, recorded on August 26, 2003 ("Supplemental Agreement"), reiterated the Developer's and its Successor in Interest's obligation to enter into a Grant of Easements and Maintenance Agreement with the City for the maintenance of Landscaping and Irrigation within the public right-of-ways; and E. WHEREAS, The Association is the Developer's Successor in Interest and subject to the obligations of Condition #24 of the TPM and Section 7 of the Supplemental Agreement; and f. WHEREAS, Exhibit "B" describes and Exhibit "B-1" depicts, both attached hereto, those particular areas, which were dedicated to the public on the Parcel Map and include landscaping and Page I of 12 5-8 other improvements to be maintained by the Association. The public areas to be maintained by the Association are collectively referred to as the CAssociation Maintained Public Areas"). G. . WHEREAS, In accordance with Condition 24 of the TPM and Section 7 of the Supplemental Agreement, the Association would like to enter into a Grant of Easements and Maintenance Agreement with the City for the maintenance of Landscaping and Irrigation within the public right-of- ways, so the association may satisfy its obligations with respect to the Association Maintained Public Areas. H. WHEREAS, The City desires to allow the Association to satisfy its obligations by granting to the Association easements for landscape maintenance purposes upon, over and across the Association Maintained Public Areas, as shown on Exhibit "B", subject to the terrns and conditions set forth below; and NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parnes agree as set forth below. I. G rant of Easements The City hereby grants to the Association and its agents, successors and assigns, non-exclusive easements and right-of-ways over and across tbe Association Maintained Public Areas for the purpose of maintaining, repairing and replacing landscape and hardscape improvements located thereon. These grants are made without any warranties of any kind, express or implied, other than the warranty stated in Paragraph 14(1) below. 2. Maintenance Oblil<ations. (a) Maintenance. The Association hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, those improvements within the Association Maintained Public Areas, which are described on Exhibit "C", attached hereto, at a level equal to or better than the level of maintenance satisfactory to the Director of Public Works Operations, at his/her discretion, and equivalent to City or Community Facilities District maintained right-of-way facilities. For purposes of this Agreement, the term "Maintenancell or "Maintain" shall mean the maintenance, repair and replacement obligations described herein and on Exhibit "e", attached hereto. (b) Damage to City Property. Any damage to City owned property, as described in Exhibit "C", that arises out of, is related to, or occurs during the perforrnance ofthe maintenance obligations under this Agreement shall be repaired or replaced to the satisfaction of the City at the sole cost of the Association and no expense to the City. (c) Release. The Association shall not seek to be released by the City from the maintenance obligation of this Agreement, without the prior consent of City and one hundred percent (100%) ofthe holders of first mortgages or owners ofthe Property. 3. Association Insurance. The Association hereby agrees to procure and forrnally resolve to maintain, at Its sole cOst and expense, commencing no later than the date the Landscape Architect of record has submitted a letter of substantial conformance pertaining to the work being completed within the Association Public Area to the Engineering & General Services Director or his designee, who has deemed the work completed and satisfactory, a policy of public liability insurance that would include, but not limited to the following: Page 2 of 12 5-9 (a) "General Liability Insurance." The Association shall obtain comprehensive general liability insurance policies insuring the Association and the Owners against liability incident to ownership or use of the Association Property. The limits of such insurance shall not be less than $1 Million "Per Occurrence" and "$2 Million Aggregate" covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best of "A, Class V" or better with no modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: 1. The City of Chula Vista shall be endorsed as an additional insured to such general liability insurance pursuant to the City's requirements the Association do so; Association's endorsement will be designated as primary. ii. The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds; 1I1. The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits of liability." IV. The foregoing provision may not be amended without the written consent of the City Engineering & General Services Department and City Attorney." v. Except as provided for under California law, the policy cannot be canceled, non-renewed or materially changed except after thirty (30) Calendar Days prior written notice by Association to the City by certified mail, as reflected in an endorsement which shall be submitted to the City, except for non- payment of premium, in which case ten (l0) Calendar Days notice shall be provided. A. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. In reliance upon Association's statements that 1) Association has no employees, 2) Association will subcontract all work subject of Agreement, 3) Association will require its subcontractors designate "City of Chula Vista" a Liability Additional Insured to subcontractors' Liability Insurance policies on a Primary basis, City waives its standard requirements as to Association with respect to Workers Compensation Insurance and Auto Liability Insurance. (b) Certificates. The Association shall provide the City with a Certiticate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. (e) DeductibleslSelflnsured Retentions. All deductibles and self-insurance retentions on any policy shall be the responsibility of Association. Deductibles and self-insurance retentions shall be disclosed to the City at the time the evidence of insurance is provided. Page 3 of 12 $-10 (d) Policy Changes. Association shall not modify any policy or endorsement thereto which increases the City's exposure to loss for the duration of this Agreement. (e) Not a Limitation afOther Obligations. Insurance provisions under this section shall not be construed to limit the Association's obligations under this Agreement, including Indemnity. 4. Indemnitv bv the Association. The Association shall defend, indemnify, and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissiorrs, demands, liability, or loss of any sort (herein "claims or liabilities"), that may be asserted or claimed by any person, firm, or errtity because of or arising out of or in connection with the use, maintenance, or repair of the Association Maintained Public AIeas by The Association, its agent, employees, successors, assigns, members, or contractors, excepting any sole negligence or sole willful misconduct on the part of City, its officers, employees, and agents. This indemnity may not be amended without the written consent of the City Director of Engineering and City Attorney. (a) Enforcement Costs. Owner agrees to pay any and all costs the City incurs to enforce the indemnity arrd defense provisions set forth in this Section, including reasonable attorneys' fees. 5. A~reement Bindin~ Upon Anv Successive Parties. This Agreement shall inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property. 6. AHeement Runs With the Land. The burden of the covenants contained in this Agreement is for the benefit of the Property and the City, its successors and assigns; and any successor- in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties, public or private, in whose favor and for whose benefit such covenants running with the land have been provided, without regard to whether the City has been, remained or are owners of arry particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies arrd to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 7. Remedies. It is understood, agreed and acknowledged by the Association that upon failure of the Association to perform the Maintenance Obligations in the manner specified by this Agreement, the City may, but is not required to do any ofthe following: (a) City Maintenance. Maintain, replace, or repair said improvements within the Association Maintained Public Areas by contract or otherwise, and permission is hereby granted to the City or its contractors and contractor's employees to enter upon any portion or portions of Association maintained property reasonably necessary for said construction, and the entire cost and expense of said maintenance shall be charged against Property and said cost and expense shall be payable by the Association or its Successors in Interest, immediately upon completion of said maintenance, and in the event the same is not paid within thirty (30) days, the City be entitled to pursue any remedy available at 'law or equity. Page 4 of 12 5-11 8. No Limitation on Remedies. Nothing in this Agreement, including the Remedies identified in section 9, shall constitute a limitation on the remedies provided at law or equity. 9. Costs. Any costs associated with enforcing the tenns and conditions of this Agreement, including attorneys' fees, shall be chargeable to the Property and payable by the Property Owner of his/her Successors in Interest. 10. Governin!! Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 11. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office. 12. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 13. Recordin!!. The parties shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been approved by the City Council. 14. Miscellaneous Provisions. (a) Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered and received when personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed following deposit in the United States mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this Paragraph by giving written notice of such change to the other party. If To City: CITY OF CHULA VISTA Department of Engineering 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer IfTo ASSOCIATION: CHULA VISTA AUTO PARK. ASSOCIATION' 1445 Canterbury Drive, Suite 200 Salt Lake City, UT 84108 Attn: Hooper Knowlton Tel: (801) 582-5347 And Page 5 of 12 ~5-1 2 CHULA VISTA AUTO PARK ASSOCIATION C/O SOUTH BAY MOTOR SPORTS 1890 Auto Park Place Chula Vista, CA 91911 Ann: Hal Brown Tel: (619) 619-420-2300 (b) Caplions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms (c) Emire Agreemenl. This Agreement, together with any other wrinen document referred to herein, embody the entire agreement and understanding between the parties regarding the subject maner hereof, and any and all prior or contemporaneous oral or wrinen representations, agreements, understandings and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. (d) Recilats; Exhibils. Any recitals set forth above and any anached exhibits are incorporated by reference into this Agreement. (e) Compliance Wilh Laws. In the performance of its obligations under this Agreement, DEVELOPER, its agents and employees, shall comply with any and all applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals. (I) AUlhority of Signalories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. (g) Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego County Recorder's Office. (h) Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to person or circumstance, shall not be affected thereby and each term, covenant or condition shall be valid and be enforced to the fullest extent permitted by law. (i) Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. (End of Page, Next Page is Signature Page) Pa~e 6 of 12 0-13 SIGNATURE PAGE TO GRk"'T OF EASEMENTS AND MAINTENANCE AGREEMENT FOR AUTO PARK NORTH TENTATIVE PARCEL MAP 03-03 (DEDICATED EASEMENT) IN WITNESS WHEREOF, City and the Association have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 2008 City of Chula Vista by: Cheryl Cox, City Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Chula Vista Auto Park Association J:\.Engineer\PER/vtITS\EP-TPM and Parcel Maps\EP274 Auto Park North- CELN/A-Revised 5-19-08.doc Page 7 of 12 5-14 ACKNOWLEDGMENT (Corporate) STATE OF UTAH : 55. COUNTY OF SALT LAKE On the S ~ day of JitV) e. ,2008, before me personally appeared Hooper Knowlton to me personally known to be the President of Chula Vista Auto Park Association, the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. :.~J r.=. ,,,,,",, -.. """'" ....... c::::I te::=:I c:;o:::I c:::a ~ au ;j" ..__;::-~.... . Notary Public ~ [JP.-~\ JULIE HATCH I ,Iii \.~o 2733 E,st Parl"", Wey. Suite 300 I ''" ~t~ Sal1lake City, Utnh 84100.1GS2 ': ~" ,~ . d My C=miEllion Exp!res I ~ ~.. .,~. March 4, 2012 ~ State of Utah . J..._....-. ___~-==__""""",d -Jv~. Notary Public L:\WP\ASSOC\1Forms\Lease Extension & Modificalion.wpd June 5, 2008 5 5-15 Lists of Exhibits Exhibit A.... ............. ..... ............................... ...........................:........... Legal Description of Property Exhibit B ...............................................,.........................The Association Maintained Public Areas Exhibit C ............... ............................. ........................ Description of Maintenance Responsibilities Page 8 of 12 5-16 EXHIBIT "A" Legal Description of Property Being Parcels 1 through 11 of Tentative Parcel Map No. 03-03 in the City of Chula Vista, County of San Diego, State of California, according to Parcel Map thereof No. 19306, filed in the Office of the County Recorder of San Diego County on August 26, 2003 as File No. 2003-1039780 of Official Records. Page 9 of 12 5-17 EXHIBIT "B" The Association Maintained Public Areas Parcel "A" Those portions of the public parkways of Auto Park Place and Auto Park A venue as dedicated to the City of Chula Vista per Parcel Map No. 19306, shown as Parcel "A" on Exhibit "B-1" attached hereto and made part hereof. Parcel "B" Those portions of the 5.5' Tree Planting and Landscaping Easement around Auto Park Place and Auto Park A venue as dedicated to the City of Chula Vista per P.arcel Map No. 19306, shown as Parcel "B" on Exhibit "B-1" attached hereto and made part hereof. Parcel "c" Those portions of the 5.5' Tree Planting and Landscaping Easement along Main Street as dedicated to the City of Chula Vista per Final Map No. 11643, shown as Parcel "C" on Exhibit "B-1" attached hereto and made part hereof. Parcel "D" Those portions of public right-of-way of Auto Park Place and Auto Park A venue as dedicated to the City of Chula Vista per Parcel Map No. 19306, shown as Parcel "D" on Exhibit "B-1" attached hereto and made part hereof. PagelOof12 5-18 STREET ~ ~ EXHIBIT "B-1" PAR 2 PAR 3 PAR -4 ~ o .., ::; g ..: ~ ~ PAR 9 ~O".14 20.J.4g ~ ~ I~ PAR 10 PAR 1 I 5..S ~ MAIN Parcel" A" Parcel "BOO Parcel "C" Parcel "D" \: _ ~ r:.' J :~, '-;;.. " ' 1.:: I I'l'///////I I/X'X'XXXYYXI ~.:--->;' --"~c,:.:--_-.~ N;ToS Page 11 of 12 5-19 I PAR 5 N o " N N ~. ~ --",. ,;. 0': r..-'\\ :::>\ II. <( t -1 ~ -')$~' ~ ~ ,..; ~ ~ p,~ 6 5.5 .s.o 1 o ~ .; ~ ?A~ 7 189,35 PAR 8 484,70 PAR 11 5.51 1'- EXHIBIT "C" Description of Maintenance Responsibilities Areas Reference Association Maintains 1 Parkways around Public Parcels "A" & All landscaping & irrigation improvements located Roads ( Auto Park Ave & "B" of Exhibit within the public parkways (including street trees Auto Park Place) ';B" maintenance & trimming) to be maintained and replaced at a level to or better than the level of maintenance & replacement acceptable to the Director of Public Works Operations. 2 Northerly parkways of Parcel "e" of All landscaping & inigation improvements located Main Street along Exhibit "B" within the public parkways (including street trees property frontage maintenance & trimming) to be maintained and replaced at a level to or better than the level of maintenance & replacement acceptable to the Director of Public Works Operations. 3 Public right-of-way of Parcel D" of All the enhanced paving (stamped asphalt) at Auto Park Ave & Auto Exhibit "B" crosswalks located within the public right-ot~way. Park Place Page 12 of 12 5-20