HomeMy WebLinkAbout2008/10/21 Item 3
CITY COUNCIL
AGENDA STATEMENT
.~w~ ClIT OF
~ (HUlA VISTA
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10/21/08, Item~
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AL'\J AL\1ENDMENT TO THE
GRANT OF EASEMENTS AL"'ID !vlAINTENA1'\JCE AGREEMENT
FOR AUTO PARK NORTH TENjb[;f PARCEL MAP 03-03
DIRECTOR OF ENGINEERING f:EY
INTERIM CITY lvLA,NAGER ~J
SUBMITTED BY:
REVIEWED BY:
4/5THS VOTE: YES 0 NO ~
SUMMARY
The proposed amendment will allow and obligate Chula Vista Auto Park Association, a California
non-profit mutual benefit corporation ("Association") to perpetually maintain curb inlet inserts
within the public right-of-way.
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 IS060(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/COMiVIISSION 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 "Project".
The Association and the City entered into a Grant of Easements and Maintenance Agreement for
Auto Park North Tentative Parcel Map 03-03 to establish responsibility for maintaining,
repairing and replacing certain project landscaping, irrigation and hardscape improvements
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10/21/08, Item~
Page 2 of2
within the public right-of-way, which was recorded on July 29, 2008 per Document # 2008-
0404553 (the "Original Agreement"). Council approved said Original Agreement on June 17,
2008, by Resolmion No. 2008-151.
It is now necessary to amend the Original Agreement to include curb inlet inserts within the
maintenance obligation of the Association.
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 related costs
associated with the proposed agreement.
A TT ACHMENTS
Attachment 1: Chula Vista Auto Park North Vicinity Map
Attachment 2: Developer's Disclosure Statement
Prepared by: Boushra Salem, Senior Civil Engineer, Engineering Department
J:\EngineerIAGENDA\CAS2008\JIJ-2 '-08\Isf Amend 10 the Auto Park Agnnl.doc
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. ATTACHMENT 1
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CHULA VISTA AUTO PARK NORTH
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City of Chula Vista Disclosure Statement
Pursuam to Council Policy 101-01, prior to any action upon matters that "ill require discretionary action by the
Council, Planning Commission and all other official bodies of the Ciry, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be
tiled. The following information must be disclosed:
I. List the names of all persons having a fmancial interest in the properly that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
,
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if; ,'h4., -J.I'-,"_,t;
2. If any person' Identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a S2000 invesrment in the business (corporation/partnership) entiry.
44-
3. If any person' identified pursuant [Q (1) above is a non-proflt organization or trust, list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or trustor of me trust.
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4. Please identify every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter.
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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. Yes_ No-^-
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City of Chula Vista Disclosure Statement
If Yes, briefly describe the narute of the financial interes! the official" may have in this concract.
6. Have you made a contribution of more than S250 within the past !Welve (12) months to a current member
of the Chula VeSTa City Councll? No f Yes _ If yes, which Council member?
7.
Have you provided more than $340 (or an item of equivalent value) to ,an official" of the City ofChula .
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes _ No ~
If Yes, which official" and what was the nature of item provided?
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.
Person is defined as: any lndividual, firm, co-pal~nership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county-, city, municipality, district, or
other political subdivision, -or any other group or combination acting as a unit.
..
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a
board, commission, or comminee of the City, empioyee, or snIT members.
l:\A;tomey\forms\disdoslJre ,tJ.temem }-Q~:)3
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RESOLUTION NO. 2008-
. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING At'J Al\1ENTIMENT TO THE
GRANT OF EASEMENTS ANTI Mi.JNiENAl'JCE AGREEMENT
FOR AUTO PARK. NORTH TENTATIVE PARCEL MAP 03-03
WHEREAS, Chula Vista Auto Park Association has been developed as part of a planned
commercial development and is subject to the conditions of Tentative Parcel Map 03-03; and
WHEREAS, Chula Vista Auto Park Association (the "Association") and the City entered
into a Grant of Easements and Maintenance Agreement for Auto Park North Tentative Parcel Map
03-03 to establish responsibility for maintaining, repairing and replacing certain project landscaping,
irrigation and hardscape improvements within the public right-of-way, which was recorded on
July 29, 2008, per Document #2008-0404553 (the "Original Agreement"); and
WHEREAS, it is now necessary to amend the Original Agreement to include curb inlet
inserts maintenance obligation to the Association.
NOW, THEREFORE, BE IT RESOL VED the City Council ofthe City ofChula Vista does
hereby approve the Amendment to the Original Agreement, which is on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Amended Agreement for and on behalf of the City ofChula
Vista.
Presented by:
Approved as to form by:
Richard A. Hopkins
Director of Engineering
/
H:\ENGINEER\RESOSIResos2008\/O-2/408\/st Amend to the Auto Park Agl1lt.doc
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THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
ANTI APPROVED AS TO FORivI BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORt vIALL Y SIGNED UPON AFPROV AL BY
THE CITY COUNCIL .
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{)p\ ~ft Mtes'fe d .
'\ Interim City Attorney
Dated: I (') [ OJ / () g
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Amendment to the
Grant of Easements
and Maintenance Agreement
for Auto Park North Tentative Parcel Map 03-03
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Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
This Instrument Benefits City Qnly.
No Fee Required. .
This S ace or Recorder's Use Only
C.V. File No.: EP-274
Ai'\1ENDlVIENT TO THE GRANT OF EASElVIENTS
Ai~lVUUNTENAi~CEAGREElVIENT
FOR AUTO PARK NORTH TENT ATlVE PARCEL MAP 03-03
TIllS A1vIENDtvIENT TO THE GRA.l"\fT OF EASEMENTS A1"\fD i'vIAlNTENA1"\fCE
AGREEtvlENT FOR AUTO PARK NORTH TENTATIVE PARCEL tvL~ 03-03
("Amendment") 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
ASSOClA TION, a California nonprofit mutual benefit corporation ("Association").
RECITALS
A. \VHEREAS, This Amendment 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. W'rlEREAS, 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. \VHEREAS, Chula Vista Auto Park Association (the "Association") and the City
entered into a Grant Of Easements And Maintenance Agreement For Auto Park North Tentative
Parcel Map 03-03 to establish responsibility for maintaining, repairing and replacing certain
project landscapi.ilg, irrigation and hardscape improvements within the public right-of-way, which
was recorded on July 29,2008 per Document II 2008-0404553 (the "Original Agreement"); and
D. WHEREAS, it is now necessary to amend the Original Agreement to include
curb inlet inserts within the maintenance obligation of the Association.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as follows:
Paga-i8:Jf 8
SECTION [: Replace ExhibiTS "8" and "B-1" with the Revised Exhibits "8" and "8-
I," attached to this Amendment, which depict all of the public areas to be mairitained by the
Association.
SECTION II: Replace Exhibit "c" with the Revised Exhibit "C," attached to this
Amendment, which depicts the description of maintenance responsibilities of all of the public
areas to be maintained by the association.
SECTION III: Except as expressly provided herein all other provisions of the Original
Agreement shall remain in full force and effect.
(End of Page, Next Page is Signature Page)
Page 2 of 8
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SIGNATURE PAGE TO THE "AMENDMENT TO THE GR-\l'IT OF
EASEMENTS Al~D MAINTENAl'lCE AGREElVIENT
FOR AUTO PARK NORTH TENT A TIVE PARCEL j.\1AP 03-03"
fN WIThlOSS WHEREOF, City and the Association have executed this Amendment
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:
Donna Norris, Interim City Clerk
Approved as to fonn:
Bart Miesfeld, Interim City Attorney'
Chula Vista Auto Park Association
~
By. .'
~. P,,",d
i)Votllry to llt/llCh llcknowledgment for
signllture.) (Corporllte Authority
requiredfor Signlllory)
Page 3 of8
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Lists of Exhibits
Exhibit A.................. .......................... ... .... ................... ............ .......... Legal Description of Property
Revised Exhibits "B" & "B-1" .......................................The Association Maintained Public Areas
Revised Exhibit "C"................................................... Description of Maintenance Responsibilities
Page 4 of 8
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EXHIBIT "A"
Legal Description of Property
Being Parcels I through II 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 5 of8
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REVISED
EXHIBIT "B"
The Association Maintained Public Areas
Parcel "A"
Those portions of the public parkways of Auto Park Place and Auto Park Avenue 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 Parcel 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 Plafe 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.
Parcel "E"
Those Curb Inlet filter inserts installed within Public right-of-way of Auto Park Place &
Auto Park Ave (nine inserts along Auto Park Place & t\vo insertS along Auto Park Ave)
shown as Parcel "E" on Exhibit "B-1" attached hereto and made part hereof.
Page 6 0 f 8
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EXHIBIT "B-1"
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REVISED
EXHIBIT "C"
Description of Maintenance Responsibilities
Areas Reference Association
Maintains
I Parkways around Public Parcels "A" & All landscaping & irrigation improvements located
Roads ( A uto Park Ave & "B" of Exhibit within the public parkways (including street trees
Auto Park Place) "8" maintenance & trimming) to be maintained and
replaced at a level to or berrer than the level of
maintenance & replacement acceptable to the
. Director of Public Works Operations.
2 Northerly parkways of Parcel "c" of All landscaping & irrigation improvements located
Main Street along Exhibit "8" within the public parkways (including street trees
property ti'ontage maintenance & tri~ming) to be maintained and
replaced at a level to or better than the level of
maintenanc.e & replacement acceptable to the
Director of Public Works Operations.
3 Public right-of-way of Parcel 0" of All the enhanced paving (stamped asphalt) at
Auto Park Ave & Auto Exhibit "8" crosswalkS located within the public right-of-way.
Park Place
I
4 Public right-of-way of Parcel "E" of Curb Inlet filter insens as approved by the City
Auto Park Place & Auto Exhibit "8" (nine inserts along Auto Park Place & two inserts
Park Ave along Auto Park Ave)
Page 8 of 8
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ACKNOWLEDGEMENT
State of California
County of San Diego
On the 9th day of October, 2008, before me, :rL/\ie l1'li"c~ Notary Public,
personally appeared HooPer- ImOu.I+"v> who proved to me on the basis of satisfactory
evidence to be the person(s) whose name @tare subscribed to the within instrument and
acknowledged to me tha~she/they executed the same in@her/theirauthorizedcapacity(ies), and
that by @her/their signature( s) on the instrument, the person( s), onhe entity upon behalf of which
the person(s) acted, executed the instnl1nent.
I certify under PENAL IT OF PERJURY under the laws of the State of Cali fomi a that theforegoing
paragraph is true and correct.
(SEAL)
WITNESS my hand and officiai seal.
h..~
I
Notary Public
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