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Home My WebLink About2009/09/15 Item 17 CITY COUNCIL AGENDA STATEMENT ~I!f:.. (llY OF .J~ (HUlA VISTA September 15,2009, Item ,17 ITEM TITLE: PUBLIC HEARlNG: Consideration of the Parks Agreement Regarding Construction of Parks in a Portion of the Otay Ranch Eastern Urban Center. RESOLUTION: PCM 06-08 (C); Resolution of the City Council of the City of Chula Vista approving the Parks Agreement Regarding Construction of Parks in a Portion of the Otay Ranch Eastern Urban Center SUBMITTED BY: DEPUTY CITY MANAGERlDEVELOPMENT SERVICES DIRECTOR ~ CITY MANAGE.., U 4/5THS VOTE: YES D NO [i] REVIEWED BY: SUMMARY The applicant, McMillin Otay Ranch, LLC, filed the Eastern Urban Center (EUC) Sectional Plan Area (SPA) (PCM 06-08) on April 14,2006, and the Tentative Map (PCMS 09-03) on May 12, 2009. The EUC SPA defines the overall park and recreational program related to serving the needs of the Project. The EUC SPA Plan includes a Parks Master Plan Program. Integral to the successful implementation of the EUC Parks Master Plan Program is the development and construction of EUC parks and recreation facilities. The EUC Park Agreement provides assurances for the development and construction of the EUC parks and recreation facilities. ENVIRONMENTAL REVIEW The City's Environmental Review Coordinator (ERC) has reviewed the EUC Project and determined that the Project would result in a significant impact to the environment; therefore, a Second-Tier Environmental Impact Report (EIR-07-01) has been prepared. At their hearing on August 26, 2009, the Planning Commission adopted Resolution No. EIR 07-01 recommending the City Council consider certification of the Sccond- Tier Environmental Impact Report for this Project (ETR-07-01), for the Otay Ranch Eastern Urban Center SPA Plan, Tentative Map and related items including the Parks Agreement. While heard concurrently, the City C,?uncil's consideration and decision on the EIR must precede any action on the other EUC applications. The ERC has further determined that adoption of the Parks Agreement would have no new impacts that were not analyzed in the EIR 07-01. RECOMt'\1ENDATION: That the City Council adopt the Resolution. 17-1 September 15,2009 Item: /7 - - Page 2 of7 BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission met on August 26, 2009 and voted 6-0-0-1 to recommend Council approval of the Parks Agreement for the Eastern Urban Center. Strike out/underline versions of the Parks Agreement is attached and represents revisions to the conditions subsequent to Planning Commission action. DISCUSSION: R~('k(Trnnnrl ~ The Eastern Urban Center (EUC) will provide a network of public and private pedestrian spaces, plazas, paseos, promenades, and squares to create a pedestrian and recreation-oriented environment. Given the urban form of the EUC, parks and recreational facilities will include innovative designs, including the integration of civic and resident-serving uses and the creation and design of good public spaces that capitalize on the community's assets and inspire residents and visitors. The design of the park program for the EUC reinforces the pedestrian nature of the EUC. The park program is described in detail in the EUC SPA Plan's Urban Parks, Recreation, Open Space, and Trails Plan, Section ILC, EUC Parks Obligation. The EUC Parks Agreement is consistent with the overall parks and recreation program described in the General Plan and the Otay Ranch General Development Plan, and responds to the urban vision and form of the Eastern Urban Center SPA Plan. The EUC Parks Agreement establishes the parameters for the design, development, and delivery of parks and recreation facilities for the EUC. Figure I graphically depicts the overall EUC park and recreation facilities to be located within the EUC (McMillin ownership). Chula Vista Municipal Code (CVMC) Chapter 17.10 (Parklands and Public Facilities) sets forth the requirement for the project to provide 23.36 acres of park and recreation facilities based on the 3-acres/I,000 population formula. Chapter 17.10 also allows for requirements to be met both within and outside the project. The EUC Park Agreement assures that sufficient parkland and facilities, and an adequate amount of parkland in lieu fees will be provided to meet the EUC recreational needs. The EUC park and recreation needs will be met on-site and off-site through a combination of delivery of parks and recreation facilities, the payment of in-lieu fees, and credits for construction of facilities "in lieu" of land consistent with the EUC parks master plan and CVMC Chapter 17.10. Consistent with the EUC SPA, the EUC Parks Agreement describes the overall park and recreation obligation resulting from the residential component of the EUC project (2,983 multi- family units). The overall park and recreation program consists of the following; a Civic Park, a Town Square Park with its 40-foot wide connection to Street K, four urban scale neighborhood parks, office plazas, and dedicated jogging/walking promenade amounting to approximately 15.63 acres of parkland and recreational facilities. Table I, summarizes the parks program described in the EUC SPA Plan as well as the park and recreation components addressed in the Parks Agreement. Figure 2 (EUC Site Utilization Plan) depicts the locations of EUC Areas I through 10 referenced in Table 1. 17-2 September 15, 2009 1-, Item: _! L Page 3 of7 Table I Pro nosed Parks and Eli<>ible Credits Park Element Location (Site Utilization Character Acres Plan Designation) Town Sauare Area 6 Town Square 2.28 Civic Plaza Mall Area 5 Civic Plaza 1.62 Northeast Residential Park Area 2 Urban Park 1.97 Southeast Residential Park Area 10 Urban Park 1.51 South-Central Residential Area 9 Urban Park 1.9 Park Southwest Residential Park Area 8 Urban Park 3.6 Office Plazas, Jogging Path Areas 1,4 & 8 Urban Park 2.75 Promenade Total Parkland: 15.63 In Lieu Fees - to be satisfied 5.88 by Credit for Parkland Imnrovements In Lieu Fees to be satisfied 1.85 by payment of equivalent fees Total In Lieu: 7.73 Total Parkland Renuirement 23.36 Difference: 0.00 As spelled out in the Parks Agreement, the difference between the 15.63 acres provided and the required 23.36 acres is 7.73 acres. The 7.73 acres is satisfied through in lieu fees. McMillin will receive a credit for a portion of the in lieu fees, an amount representing 5.88 acres of parkland dedication and development, for providing additional park and recreational improvements to the 15.63 acres of dedicated parkland. These additional improvements would result in enhanced park amenities (such as performance stage, civic art, ornamental garden, etc.), which would allow the parks to achieve a higher level of improvements not typically associated with public parks. Another portion of the in lieu fees, an amount representing 1.85 acres of developed parkland, will be paid by McMillin at three development milestones: (i) fees equivalent to .63 acres shall be paid prior to approval of the first fmal map; (ii) fees equivalent to .61 acres will be paid prior to approval of the fmal map that includes the 1,000th unit; and (iii) fees equivalent to .61 acres will be paid prior to approval of the final map that includes the 2,000th unit. CVMC 17.10.070 allows the City to deem that a combination of dedication of parkland and the payment of in lieu fees would better serve the public and the park and recreation needs of future 17-3 September 15, 2009 Item: -~il Page 4 of7 residents of the project if in the judgment of the City, suitable land does not exist. Furthermore CVMC 17.10.080 states that the amount and location of the land or in lieu fees, or combination thereof, shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. The Parks Agreement is consistent with the requirements of CVMC Chapter 17.10. The FTJr Park< Ae-reement The EVC Parks Agreement (Attachment I) identifies the overall park obligation generated by the project and describes how the obligation will be met. Section 1 of the EVC Parks Agreement provides the overall regulatory framework for the EUC parkland and recreation facility obligations related to the EUC. Compliance to regulatory requirements and agreement definitions are presented. The Parks Agreement (Section 2) addresses compliance with Chula Vista Municipal Code (CVMe) Chapter 17.10 requirements pertaining to parkland acreage dedication and parkland development. More specifically Section 2 of the Park Agreement addresses the types of parks and recreation facilities, the level of improvements at each future park, and the construction and timing for delivery of parks. Additionally, the Parks Agreement Section 2 discusses the credit to be received by the Developer for the delivery and payment of in-lieu fees and equivalent park improvements. The EVC project has a projected build-out timeframe of approximately 20 years. As the park program for the EVC is implemented over those 20 years, construction costs are expected to increase over time as well. To address the issue of increases in construction costs over time, Section 3 of the Parks Agreement describes how the escalation of park construction costs are to be addressed to assure adequate funds will be available when actual park construction occurs. As a vibrant urban center, the EVC will serve as a venue for a variety of public activities and events. This is consistent with the vision described in the Otay Ranch GOP and the EVC SPA Plan. Section 4 of the Parks Agreement addresses event programming in public and private parks within the EVC. In concert with Section 4, Section 6 of the Parks Agreement identifies requirements for public park and private park rents and concessions, as well as use of net proceeds related to such activities. Maintenance requirements and obligations for public and private parks within the EVC are addressed in Section 5 of the Parks Agreement. Due to the high quality of EUC public park features, the City and the Developer will share the cost for maintenance. As the project develops over time and the ownership of private parks and recreation features transfers to a homeowners' association, maintenance of private parks and recreational features will transfer from the developer to a homeowners' association. 17-4 September 15, 2009 Item: !7 Page 5 on _ _ _ _ , I Figure 1 -_~llll1l.t=!lI-e71!Ji!1-GilI"lll:!I"'lliI'" ~/I Ir ll' #IVA/ iU' 1/ )-~' - i ':':'~?::::).~J'I!~I." I. : ! . ~. '."" - , _. f ;~. .!ff('./ :::"~-:--":.-.'t....:::::., - ~,0: }I __"",,";:' " ' , , - 'I " 11f / .J;:.,. . "". \ ' ,,; ,f' ,-;c, !' /?, Northeast ~'I //,1, /, Residential Ii tlli { / Park ",I:, (197A) "i If~ " , , cres ~~!!~;} @ /, ilOi,0: !'\~'" ',',1 " , .11 ',' il , ,I' "CivicPlaza I' 1 ; :lllif. Mall . ~[]Ijl! 'I'i~: Utili 1 j (1.62 Acres) i g ~P' 1 ~~;'-~,. 1 15 : I' m~"%,,:::MI,! iI ' p , , I i,d'f:r?""'~t 'I' '......'....; .';'....'..=;:............ -Y;' _:; : :,1111:11 ,\1 ~~~!~ l I~ "f~11"" ~ ~ tj r llpr 't ':,. Town :. i I!" :: "\~ ; I fll : \', i Square ".1,1 , 11 it I ill: i i ~ \ \ (2,28 Acres) h '(j 'I,I ~ \ ~ i " l. ,) I ~ ' ' !~.\! id\'! \ ' '\ ~r ; '. q", , \I~~:\~:!,\~\' ~~~~~:~~~I \ '~ \ 1,1 \ \,1\1" ~ 1',11, '\ \ ~ 1., I, ~ ~_ \ lV,' \ \ ",I" \. ~ i' ,. l ~"I ii, t, lit \ \H, tf,~rtlrn!l Public P3~S ~ Pri",,!e Parks ~ Pri",,!e Office Plaza <w'u< Jogging Path \L \ ',i II i' ' l\ " " \~. --\-r ~ ~::;...~~:: /"'~ , .,-,,,:,,,, Southeast Residential Park (1,51 Acres) Nate: Jogging path and pla:.n locations are conceptu;31 and VoiD be secured through the TM conditions 300 the conceptual block plo.nning process. Eastern Urban Center tit. Olay Ranch ... 17-5 September 15,2009 I Figure 2 Site Utilization Plan Eastllm Urban CenlerOi$1ricl$ ~ i~.1t: Ga!~Mh<odUseCt>mmctdalOi:Ma 22..7 '2 Nortbeas!It/TI.Ncq,i>or_OClro;:l 132 3. E~stemG~t"",,~Nei!lOhcrllaodD..triel 17.2 ':~'.4:I~~ Ilus"",nOi$trOd 25.4 i5 ~.<><lUsec;,icIOllUC<lmDislncl 23.3 ;~,6,:i;: MainSln'letDlsu\cl 34.7 r"- 5'd7.4ti Eastem Gateway Oi:;ti.ct 9.6 8 S'lVthwe'Slern Ne;ghbo<hood DiIllrOct 12.5 9 Cl!l'1trnJSoulllem Neight>ortlood O'.sln<:\ 2." 10 Sc"'~""tcmNcigI1t>olhoodar.;l.tict 23.5 Ea'!>I....nUrtw'lCBnterDoslficl!l POl.enli'lIPublicCompone'lls '.0 Par1< '!it Libf,'Y ,!) ~i,,, Stalion t;.j'! "olenUntElemeN.)'YScnoo'. Q CPFSlte Gateway Mi.1td UIll Commefci3l Oi$\flcl NOr1heastern Ne1ghbomood Distnct E~slemGal8'NilyNe'9ht>orhcodO'SlriCt ~ir1essO<slncl MIxed lkeCi...;e.'O/f,ce Core o,strlcl MainSl,,""IDislnCl. EaslemGalewayDistrJct ScmnwestemNei!lhborhoodDlsl1'ld C,m\falSculhem Ne19i:borhood Oisl,,,:l SoulheaslamN"ighbah<>odDisIrld. Ma.lmum. NOlte e.rCMd, TOlat. Not.,; District IOm..yalwb"an.ltem8~""klrlhe E!omentnryScflooISile. Notes, f, . Numeric Area Symbols do nOI recresllnf phases. 2. ThEl'"I/oc../i"" ofm/ensrIY"n &ac.~ dlstrict:Jha// he Lms~'<ion Ihel;uj/d;r,gho'9htrogu'.nlionslllIhoEUC i=orm &Jscd Codo 0!f? E ~ astern Urban Center . OTAY RANCH CTIYOf OiUlA VI5fA 17-6 Ellrdl Read'" EII.llak"Parltway TOIOI 80 214.6 Nan-,"SIdenhal Sq_F!.(COO'sJP1Irmrlled law ! Turgel 1"1;910 '" I .00 700 0 I so I 100 2 ! 120 ~~ _~~3CO 500 --515"0 2SO 150 I4{]O 7SO 500 I I,Jtl2 1.9CO 0 I '00 "0 100 I 900 _1.000 o ! zoo :we -80 1240 '00 ~t"Ur- :~~1:j~~ '"0 501200 300 2: 50 ~- -3OO"-!5o-0 700- --'-2 I.iS '130 1500 1'650' ~ '00 2 I "'0 200 200 I 200 ,SO 3,487 2,SB3 Urban Design: RTKL Omi Land Planning ..._...~,~"...- m. ;~ ii' l ...-_ _L~ 1129foe Item: ! 7 Page 6 of7 I September 15, 2009 Item: /7 Page 7 of7 DECISION-MAKER CONFLICTS: No Property within 500 feet: Staff has reviewed the property holdings ofthe City Council members and has found no property holdings within 500 feet ofthe boundaries of the property that is subject to this action. CONCLUSION: The EUC Parks Agreement is consistent with the goals and policies of the General Plan, the Otay Ranch GDP, the EUC SPA Plan, and with the provisions of the Parkland Ordinance (CVMC Chapter 17.10). Staff recommends that the City Council adopt the attached resolution rccommending approval of the Eastern Urban Center Parks Agreement for the Construction of Parks in a Portion of Otay Ranch Eastern Urban Center. FISCAL IMPACT Current Year: The processing costs for the EUC Parks Agreement and all supporting documents were funded by a developer deposit account. This account funded city staff and consultants representing the city who worked on the EUC. On Going Years: Implementation cost of the EUC Parks Agreement will be funded through future developer deposit accounts associated with future development applications (final maps). Future cost related to park construction and increases in park construction costs over time, will be covered by the Developer, as spelled out in the Parks Agreement. Please refer to the Development Agreement stalI report for additional discussion of on going fiscal impacts. A tti'H'nmf'nt.;:;" I. Planning Commission Resolution J\Planning\Otayranch\Eastern Urban Center SPA\2005 SPA-peM 99-07\Public Hearings-Workshops\City Council Hearing Package 2009 17-7 RESOLUTION NO. PCM 06-08(C) RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMlVIENDING CITY COUNCIL APPROVAL OF THE EASTERN' URBAl"{ CENTER PARKS AGREEMENT FOR THE CONSTRUCTION OF PARKS IN A PORTION OF OTA Y RANCH EASTERt'l URBAN CENTER WHEREAS, On April 14, 2006, the applicant, McMillin Otay Rmch, LLC, filed the Eastern Urban Center (EUC) Sectional Plan Area (SPA) for a portion of Otay Ranch, called the Eastern Urban Center ("EUC"); and WHEREAS, McMillin owns 206.6 acres of the EUC area ("McMillin Property"), whose legal description is shown in Exhibit A of Attachment 1 hereto along with a map of McMillin EUC property which is governed by the Agreement; and WHEREAS, the EUC is the focal point for the eastern planning area, and is comprised of a vibrant and intense mixture of land uses in an urban setting envisioned attract a different demographic profile than the surrounding suburban development in Otay Ranch; and, WHEREAS, such an area's successful implementation ofthe EUC requires an emphasis on place making in the public realm, including parks and other public spaces; and, WHEREAS, the City's General Plan and Otay Ranch General Development Plan contemplate the development of standards for both public and private uses, unique to the Eastern Urban Center, to help create this urban character; and, WHEREAS, the EUC Parks Agreement reflects these unique approaches in applying City standards needed to accomplish the vision ofEUC contemplated by the General Plan and the Otay Ranch GDP; and, WHEREAS, California Government Code 9966477, et seq. (the "Quimby Act") and the City's Parklands and Public Facilities Ordinance, [Chula Vista Municipal Code ("CYMC") Chapter 17.10 ("PLDO")], as amended, requires that development projects provide land and improvements for neighborhood and community parks and recreational facilities, allow for a credit against the payment of fees or dedication ofland ifthe subdivider provides park and recreational improvements, and permit the City to require a combination of dedication and payment of in-lieu fees if the City determines that the combination would better serve the public; WHEREAS, the EUC Parks Agreement implements the requirements of the EUC SPA Plan, the PLDO, the Quimby Act and the conditions of approval of tentative maps for the McMillin Property by establishing park land dedication, improvement and additional in-lieu fee requirements which satisfy park requirements for the McMillin Property; and, '\YHEREAS, the CYMC Chapter 17.10 requirements have been, and will be imposed on the McMillin Property through conditions of approval of tentative maps and supplemental subdivision improvement agreements; and, 17-8 Planning Commission Resolution No. PCM 06-08(C) Page 2 WHEREAS, the City's Environmental Review Coordinator has reviewed the EUC Project and determined that the EUC Project would result in a significant impact to the environment, therefore, a Second-Tier Environmental Impact Report (EIR 07-01) has been prepared; and, WHEREAS, the Planning Commission has considered and adopted a recommendation of certification of the Final Second Tier Environmental Impact Report (EIR 07-0 I) for the Otay Ranch Eastern Urban Center SPA Plan, Tentative Map and related items including the Parks Agreement; and, WHEREAS, the Parks Agreement, attached as Attachment 1, between the City and McMillin Otay Ranch LLC encumbers that portion of the EUC owned by McMillin Otay Ranch LLC. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the Otay Ranch Eastern Urban Center Parks Agreement is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOL VED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving the EUC Parks Agreement for the construction of parks in a portion of Otay Ranch Eastern Urban Center between McMillin Otay Ranch LLC and the City ofChula Vista substantially in accordance with the findings contained in the draft City Council Resolution attached as Attachment 2 to this Resolution. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLAN1'.'ING COMMISSION OF CHULA VISTA, CALIFORNIA, this 26th day of August 2009 by the following vote, to-wit: AYES: NOES: ABSENT: Vinson, Spethman, Moctezuma, Tripp, Felber, Thompson Cl ayton ABSTENTIONS: , ATTEST: Diana Vargas, Secretary 17-9 Planning Commission Resolution No. rCM 06-08(C) Presented by: ., ACP Manager/Development Services Director 17-10 Page 3 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT REGARDING CONSTRUCTION OF PARKS IN A PORTION OF OTAY RANCH EASTERN URBAN CENTER WHEREAS, On April 14, 2006, the applicant, McMillin Otay Ranch, LLC, filed the Eastern Urban Center (EUC) Sectional Plan Area (SPA) for a portion of Otay Ranch, called the Eastern Urban Center ("EUC"); and WHEREAS, McMillin owns 206.6 acres of the EUC area ("McMillin Property"), whose legal description is shown in Exhibit A of Attachment 1 hereto along with a map of McMillin EUC property which is governed by the Agreement; and WHEREAS, the EUC is the focal point for the eastern planning area, and is comprised of a vibrant and intense mixture of land uses in an urban setting envisioned to attract a different demographic profile than the surrounding suburban development in Otay Ranch; and WHEREAS, such an area's successful implementation of the EUC requires an emphasis on place making in the public realm, including parks and other public spaces; and WHEREAS, the City's General Plan and Otay Ranch General Development Plan contemplate the development of standards for both public and private uses, unique to the Eastern Urban Center, to help create this urban character; and WHEREAS, the EUC Parks Agreement reflects these unique approaches in applying City standards needed to accomplish the vision ofEUC contemplated by the General Plan and the Otay Ranch GDP; and WHEREAS, California Government Code 9966477, et seq. (the "Quimby Act") and the City's Parklands and Public Facilities Ordinance, [Chula Vista Municipal Code ("CVMC") Chapter 17.10 ("PLDO")], as amended, requires that development projects provide land and improvements for neighborhood and community parks and recreational facilities, allow for a credit against the payment of fees or dedication ofland if the subdivider provides park and recreational improvements, and permit the City to require a combination of dedication and payment of in-lieu fees if the City determines that the combination would better serve the public; and WHEREAS, the EUC Parks Agreement implements the requirements of the EUC SPA Plan, the PLDO, the Quimby Act and the conditions of approval of tentative maps for the McMillin Property by establishing park land dedication, improvement and additional in-lieu fee requirements which satisfy park req uirements for the McMillin Property; and 17-11 WHEREAS, the CVMC Chapter 17.10 requirements have been, and will be imposed on the McMillin Property through conditions of approval of tentative maps and supplemental subdivision improvement agreements; and WHEREAS, the City's Environmental Review Coordinator has reviewed the EUC Project and determined that the Project would result in a significant impact to the environment, therefore, a Second-Tier Environmental Impact Report (EIR 07-01) has been prepared; and WHEREAS, the Planning Commission considered the Final Second Tier Environmental Impact Report (EIR 07-0 I) for the Otay Ranch Eastern Urban Center SPA Plan, Tentative Map and related items including the Parks Agreement; and WHEREAS, the City Council certified the Final Second Tier Environmental Impact Report (EIR 07-01) for the Otay Ranch Eastern Urban Center SPA Plan, Tentative Map and related items including the Parks Agreement; and WHEREAS, from the facts presented to the Planning Commission at the Commission hearing on August 26, 2009, the Commission detennined that the Otay Ranch Eastern Urban Center Parks Agreement is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval; and WHEREAS, the Parks Agreement, attached as Attachment 1, hereto between the City and McMillin Otay Ranch LLC encumbers that portion of the EUC owned by McMillin Otay Ranch LLC. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve the Agreement regarding construction of parks in a portion of Otay Ranch Eastern Urban Center between McMillin Otay Ranch LLC and the City of Chula Vista, a copy of which is kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that it is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by g.f~~) <Bart Ndieseld \: . \city Attorney Gary Halbert, AICP, PE Deputy City Manager / Development Services Director 17-12 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL 0;L03.! / Bart C. Miesfeld City Attorney Dated: (I (~/v, AGREEMENT REGARDING CONSTRUCTION OF PARKS AND IN A PORTION OF OTA Y RANCH EASTERN URBAN CENTER 17-13 Recording Requested By: and When Recorded Mail To: City Clerk City ofChula Vista 276 Fourth Avenue Chula Vista, California 91910 EXEMPT FROM RECORDER'S FEES Pursuant to GOVERNMENT CODE 96103 (ABOVE SPACE FOR RECORDER'S USE ONLY) AGREEMENT REGARDING CONSTRUCTION OF PARKS IN A PORTION OF OTAY RA1~CH EASTERN URBAN CENTER THIS AGREEMENT REGARDING CONSTRUCTION OF PARKS IN A PORTION OF OT A Y RANCH EASTERN URBAN CENTER ("Agreement") is made as of this _ day of , 2009, by and between the CITY OF CHULA VISTA, a California municipal corporation and charter city ("City") and McMILLIN OT A Y RANCH LLC, a Delaware limited liability company ("McMillin") with reference to the following facts: WHEREAS, Otay Ranch is a master planned community within City that consists of various "Villages." A portion of Otay Ranch, called the Eastern Urban Center ("EDC"), will consist of a high-intensity mixture of retail, employment, civic, cultural and medium-high-to- urban-core levels ofresidential uses; WHEREAS, McMillin owns approximately ninety percent of the EUC area. The legal description of the approximately 206.6 acres of EUC owned by McMillin ("McMillin Property"), which is the subject of this Agreement, is shown on Exhibit A hereto along with a map ofEVC showing the remainder, owned by other owners ("Other Owner Property"), which is not governed by this Agreement; WHEREAS, California Government Code 9966477, et seq. (the "Quimby Act") and the City's Parklands and Public Facilities Ordinance, [Chula Yista Municipal Code ("CYMC") Chapter 17.10 ("PLDO")], as amended, require that development projects provide land and improvements for neighborhood and community parks and recreational facilities, allow for a credit against the payment of fees or dedication of land if the subdivider provides park and recreational improvements, and permit the City to require a combination of dedication and payment of in-lieu fees ifthe City determines that the combination would better serve the public; Attachment 1 to Resolution 17-14 Page 1 of 22 WHEREAS, the PLDO's requirements have been and will be imposed on the McMillin Property through conditions of approval of tentative maps and supplemental subdivision improvement agreements; WHEREAS, the Quimby Act, the PLDO and the Otay Ranch General Development Plan ("GDP") parks and open space policies require that EVe provide 3 acres of neighborhood and community parks per I ,000 residents; WHEREAS, approximately 23.36 acres of Parkland would be required of the McMillin Property. This figure is based on the PLDO's assumption that there will be an average of 2.61 residents in each of the 2,983 multi-family units in the McMillin Property and its (and the GDP's) requirement to provide 3.0 acres per thousand residents - i.e., 2,983 units times 2.61 residents per unit times 3 acres per [divided by] 1,000 residents equals 23.36 acres; WHEREAS, the GDP policies: (i) state that the EVe will provide local parks, town squares, plazas or other park facilities to meet its needs, pursuant to the EUe Parks Master Plan, which may include variations from conventional parkland standards; and (ii) allow pedestrian spaces, plazas, promenades and town squares to be credited toward satisfying the EVe park requirement; WHEREAS, the SPA Plan for EUe anticipates that EVe will provide sufficient area and facilities to meet its recreational needs on-site and a portion of its recreational needs will be provided through the payment of in-lieu fees. The SPA-level parks master plan considers the needs and standards identified in the framework strategy prepared for the University study area and the EVe-specific policies of the General Plan and GDP, which allow variations from conventional parkland standards. Thus, EVe will provide a network of public and private pedestrian spaces, plazas, paseos, promenades, and squares to create a pedestrian and recreation- oriented environment, with additional fees paid "in lieu" of land consistent with the EVe parks master plan and PLDO. In addition to traditional parks, EVe will receive a credit for the 2.75 acres of additional recreational facilities provided in districts 1, 4 and 8 in the form of dedicated jogging paths and office plazas; WHEREAS, the parties intend by this Agreement to implement the requirements of the EUe SPA Plan, the PLDO, the Quimby Act and the conditions of approval of tentative maps for the McMillin Property by establishing park land dedication, improvement and additional in-lieu fee requirements which satisfy park requirements for the McMillin Property; WHEREAS, the eity's General Plan contemplates development of EVe as the focal point for the east area plan, with EUe comprised of a vibrant and intense mixture of land uses in an urban setting. Similarly, the San Diego Association of Governments has identified EUe as a smart growth urban center. These urban centers attract a different demographic profile than the surrounding suburban development in Otay Ranch, so successful implementation requires that an emphasis be placed on placemaking in the public realm, including as to parks and other public spaces. The General Plan also contemplates the development of standards for both public and private uses, unique to the Eastern Urban Center, to help create this urban character. This Agreement reflects these unique approaches in applying eity standards needed to accomplish the vision of Eue contemplated by the General Plan and the Otay Ranch GDP; Attachment 1 to Resolution 17-15 Page 2 of 22 WHEREAS, City, by entering into this Agreement, finds that, due to the unique, urban, high-density nature of the EUC, suitable land does not exist to satisfy the entire 23.36 acre parkland dedication requirement solely through the dedication of parkland and improvements; the City further finds that, as a result, public interest and the park and recreation needs of the future EUC residents would be better served through a combination of parkland dedication, parkland development improvements and in-lieu fees; (an approximate estimate of park costs appears in Exhibit F hereto); and WHEREAS, this Agreement does not increase or decrease any park obligations but instead clarifies responsibility for the PLDO requirements attributable to the McMillin Property by addressing the amount of land required, in-lieu fee payment required, park design, park construction, bonding, the level of amenities to be provided, event programming, and the funding of maintenance. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. Definitions. In addition to terms defined in the Recitals, the following terms shall have the indicated definitions throughout this Agreement: 1.1 "Association" means the property owners' (home or business) association whose territory includes the obligation to operate and maintain a private Urban Park or Urban Recreational Facility. 1.2 "Commence Construction" means a construction permit or other such approval necessary to commence construction has been issued by the City and construction staging has begun. 1.3 "Complete Construction" means that construction of a park has been completed to the reasonable satisfaction of City's Director of Development Services, exclusive of the warranty period. 1.4 "CYMC" means City's Municipal Code. 1.5 "District" means a planning district within the McMillin Property as shown on Exhibit B. 1.6 "Escalator" means the percentage change in construction costs calculated pursuant to CYMC 917.10.110, which outlines park development fee updates, from the month of approval of this Agreement to the month of issuance of the construction permit for anyone park. 1. 7 "In-Lieu Fees" means park acquisition and parkland development fee obligations pursuant to California Goverrunent Code 966477 and City's PLDO. 1.8 "IOD" means irrevocable offer of dedication. 1.9 "Park Improvements" means the improvements per the City-approved park construction documents. Attachment I to Resolution 17-16 Page 3 of22 1.10 "Park Master Plan" means the Master Plan as defIned in the Chula Vista Landscape Manual Section One - Submittals. 1.11 "Turnkey" means designed and constructed consistent with the provisions of the Chula Vista Landscape Manual, the SPA Plan, and related Development Services Department specifIcations and policies in effect on the date of this Agreement, and ready for use without any further Improvements required, including provision for a City Council-approved three-party agreement among McMillin, City and a landscape architect for the design and preparation of a specifIc Park Master Plan and preparation of construction documents. 1.12 "Urban Parks" means the six publicly or privately owned parks shown conceptually on Exhibit B. 1.13 "Urban Recreational Facilities" means the offIce plazas and jogging paths within Districts I, 4, and 8 shown conceptually on Exhibit B and described in the EUC SPA Plan. 1.14 "Value Engineering Guidelines" means the guidelines in Exhibit C. 2. Satisfying PLDO. McMillin shaIl satisfy the PLDO for the McMiIlin Property by providing the following: 12.88 acres of Urban Parks, 2.75 acres of Urban Recreational Facilities, and In-Lieu Fees in an amount equivalent to the parkland and parkland improvement value of 7.73 acres. 2.1 Urban Parks. McMillin shaIl provide approximately 12.88 acres of land with Park Improvements, pursuant to CYMC 9917.10.040 and 17.10.050, as Urban Parks on the foIlowing terms: (a) Park Master Plan and Approval of Construction Documents. McMiIlin shall use City's customary procedures to design, and obtain City approval of the designs of, Urban Parks. AIl Park Master Plan designs and design approvals shall be consistent with the EUC SPA Plan, the PLDO and the City's Landscape Manual. Each Park Master Plan shall be processed through the following steps: (i) City and McMillin shall enter into a three party agreement with a landscape architect to design a Park Master Plan and prepare construction documents, to the satisfaction of the Director of Development Services. (ii) In order to facilitate the Park Master Plan and Construction Document process and milestones identified in the City's Landscape Manual, City and McMillin shall hold a scoping meeting at the beginning of the design process for each Urban Park to confIrm the design intent of the particular Urban Parkes) and to identify applicable City requirements prior to initiating design work. City and McMillin acknowledge the need for close coordination during the design phase to ensure the fInal, approved documents reflect the intent of the Eastern Urban Center Urban Parks, Recreation, Open Space and Trails Plan and other applicable City requirements. City and McMillin also acknowledge that Attachment 1 to Resolution 17-17 Page 4 of 22 refmement to the process may be appropriate over the term of this Agreement to improve the design, review, delivery and ongoing operation of the EUC Urban Parks. To accomplish this end result, a "post design-construction" meeting shall be held among City, McMillin and the design tearn to identify areas where actions can be taken (design, materials, construction coordination, phasing, delivery, maintenance, etc.) that could improve the design and delivery of each subsequent Urban Park. (b) Level of Improvements. The Improvements for each Urban Park provided pursuant to this Agreement shall be in Turnkey condition and consistent with the SPA Plan and Exhibit F. As adjacent land uses are defined, McMillin or City may propose that facilities to be provided within each Urban Park be modified or rearranged to complement adjacent land uses. Such changes are subject to City review and approval. (c) Construction/Timing. McMillin shall provide City an rOD for the land needed for each Urban Park as a condition of approval of a final subdivision map for the area that includes that Urban Park. McMillin shall Commence Construction of each Urban Park consistent with Exhibit D hereto, "Thresholds for Parks and Facilities." McMillin shall then pursue that Construction diligently to Completion. The Completion of Construction for each EUC Urban Park shall be consistent with Exhibit D. In addition, McMillin shall submit for City review and obtain City approval of the construction budget for each Urban Park and Town Square park prior to park construction Commencement. Construction budgets, established at the time construction documents are submitted, should reflect both the base requirement established by the parkland development component of the PLDO and the proportionate amount of In-Lieu Fee of 5.88 acres being applied. (d) Boundary Adjustments. The parties agree that minor adjustments to Urban Park boundaries may be appropriate to optimize the interface with adjacent development. All such adjustments shall be subject to City review and approval. Nothing in this section shall be construed as allowing any reduction in the overall acreage of Urban Parks, but additional acreage provided may result in a credit at City's discretion. (e) Documentation of Costs. McMillin shall, within sixty (60) days of Completion of Construction, provide City, for its review and approval, all documentation City reasonably requires to evidence the completion and costs of each Urban Park, reflecting as necessary the provisions of section 3 of this Agreement. City approval of that cost documentation shall constitute confirmation of the acreage and acreage equivalencies provided thereby. (f) Title. For public Urban Parks, City shall accept title pursuant to its customary procedures. For private Urban Parks, McMillin shall irrevocably and without charge grant City a right of public use and access over, through, and across said facilities for park and recreation purposes. City shall accept and provide credit for Urban Parks on land subject to easements so long as the land is usable open space and a park use would not be inconsistent with the easements, such as underground sewer easements. Attachment 1 to Resolution 17-18 Page 5 of 22 2.2 Urban Recreational Facilities. McMillin shall provide 2.75 acres of Urban Recreational Facilities in Districts 1,4 and 8, conceptually shown on Exhibit B and as described in the EUC SPA Plan, on the following terms. City has determined that these Urban Recreational Facilities are usable for active recreational uses and, therefore, eligible as a credit toward McMillin's parkland dedication requirement, pursuant to the PLDO. (a) Urban Recreational Facility Park Credit. McMillin shall receive 2.75 acres of parkland dedication and improvement credit for delivery of Urban Recreational Facilities within Districts 1, 4 and 8. City shall require the construction of the Urban Recreational Facilities as shown in Exhibit B. Prior to the approval of a final map containing an Urban Recreational Facility, the applicant shall provide and secure an engineer's cost estimate for the on-site Urban Recreational Facilities. (b) Implementation. McMillin or the successor owner of the affected part of the McMillin Property shall, in accordance with the timing set forth in Exhibit D, "Thresholds for Parks and Facilities," provide City for review and obtain City approval for construction plans for Urban Recreational Facilities. McMillin shall also provide City, for its review and approval, master Association covenants, conditions and restrictions to document responsibility for long term maintenance. Improvement plans for Urban Recreational Facilities shall be reviewed by the Zoning Administrator pursuant to the SPA and City's customary improvement plan review procedures. All designs shall be consistent with the EUC SPA Plan and City's applicable regulations. (c) Construction/Timing. McMillin shall construct each Urban Recreational Facility, or the contained segment, concurrently with development of the surrounding community and in accordance with the timing set forth in Exhibit D. Unless other timing or phasing is approved as part of a discretionary permit, all such facilities shall be completed prior to request for final inspection for the first residential unit or non- residential space in Districts 1, 4 and 8 containing said facility segment. In addition, the applicant shall submit for City review and obtain City approval of the construction budget for each Urban Recreational Facility, or segment thereof, prior to Commencement of Construction. Construction budgets should reflect both the base requirement established by the parkland development component of the PLDO and the proportionate amount of In-Lieu Fee of 5.88 acres being applied, as described in section 2.3, below. (d) Documentation of Costs. McMillin shall, within sixty (60) days of Completion of Construction, provide City, for its review and approval, all documentation City reasonably requires to evidence the completion and costs of each Urban Recreational Facility. City approval of that cost documentation shall constitute confirmation of the acreage and acreage equivalencies provided thereby. Should more than a total of 2.75 acres of Urban Recreational Facilities be delivered in Districts 1, 4 and 8, then the applicant may transfer that balance within the EUC to offset other parks obligations or establish credits for future use subject to the review and approval of the Director of Development Services. Should the applicant deliver less than a total of 2.75 acres of Urban Recreational Facilities in Districts 1, 4 and 8 then the applicant shall provide the balance in either (a) additional acreage or equivalency in EUe Urban Parks, (b) additional improvements in EUC Urban Parks and/or (c) pay fees equivalent to the Attachment 1 to Resolution 17-19 Page 6 of22 balance of acreage based on the City fees in effect at the time subject to the review and approval of the City Engineer. (e) Boundary Adjustments. The parties agree that minor adjustments to Urban Recreational Facility boundaries may be appropriate to optimize the interface with adjacent development. All such adjustments shall be subject to City review and approval. Nothing in this section shall be construed as allowing any reduction in the overall acreage of Urban Recreational Facilities, but additional acreage provided may result in a credit at City's discretion. (f) Title. City shall accept and provide credit for Urban Recreational Facilities on land subject to easements so long as the land is usable open space consistent with the SPA and a recreational use would not be inconsistent with the easements, such as underground sewer easements. 2.3 Credit Against In-Lieu Fees. City has determined that McMillin may satisfy 7.73 acres of McMillin's PLDO obligation through In-Lieu Fees. McMillin will provide park and recreational improvements to the dedicated land described in sections 2.1 and 2.2, above, equivalent to the value of 5.88 acres of parkland dedication and development, for which McMillin will receive a credit against the payment of 5.88 acres of In-Lieu fees. The park and recreational improvements shall be provided as follows. (a) Implementation. McMillin shall deliver physical improvements, beyond the base level accounted for in the PLDO development fee, in the public Urban Parks, private Town Square, and the Urban Recreational Facilities. Only the cost of those enhancements consistent with EUC SPA Plan and approved by City and McMillin shall be eligible for credit against the payment ofIn-Lieu Fees. (b) Acreage Equivalency. The value of the additional park and recreational improvements to the Urban Park, private Town Square, and/or an Urban Recreation Facility shall be converted to an equivalent acreage as shown in Exhibit E, "Monitoring TablelEquivalency Calculations," based on the PLDO as of the effective date of this Agreement, adjusted by the Escalator pursuant to Section 3. (c) Documentation of costs. McMillin shall, within sixty (60) days of Completion of Construction of each Urban Park, Town Square or Urban Recreational Facility for which McMillin seeks credit toward payment of In-Lieu Fees, provide City all documentation City reasonably requires to evidence the amount expended on park and recreational improvements, beyond the base level accounted for in the PLDO development fee. City approval of that cost documentation shall constitute confirmation of the acreage and acreage equivalencies provided thereby. (d) Additional Credit. Should McMillin expend or invest more than the equivalent of 5.88 acres of parkland dedication and development on approved facilities, with costs documented in accordance with Section 2.3(c), McMillin may receive credit for the value of those expenditures, at the City's discretion, toward any additional EUC park requirements. Attachment 1 to Resolution 17-20 Page 7 of22 2.4 Payment ofrn-Lieu Fees. McMillin shall pay City the remaining In-Lieu Fees equivalent to 1.85 acres of parkland acquisition and development as follows: (a) Payment Amounts. The In-Lieu Fees shall be paid at three residential development milestones. The first payment shall be equivalent to 0.63 acres and the second and third payments shall be equal to 0.61 acres each. The actual amount of each payment will be determined by multiplying both the parkland acquisition fee and the parkland development fee, as set forth in the PLDO at the time of payment, by the aforementioned acreage. (b) Timing of Payments. The first payment, equal to 0.63 acres, shall be made prior to the approval of the first final map which grants any residential development rights. The second payment, equal to 0.61 acres, shall be made prior to the approval of the final map that would allow the 1000th unit in the McMillin Property. The third payment, equal to 0.61 acres, shall be made prior to the approval of the final map that would allow the 2000th unit in the McMillin Property. 2.5 Additional Parkland Acquisition. Parkland Development, and In-Lieu Fee Obligations. In the event that residential, hotel, motel or other development as described in CYMC 917.10.040 occurs within the EUC above and beyond 2,983 units and that development results in additional parkland, park acquisition or in-lieu fee obligations in accordance with the PLDO, McMillin shall satisfy the additional obligations to the satisfaction of the Director of Development Services. 3. Escalator. McMillin shall be responsible for increases in costs of providing Park Improvements as follows. The use of the Escalator is shown in Exhibit E. 3.1 Urban Parks and Urban Recreational Facilities. All parkland and improvement costs will be escalated in accordance with the improvement component of the PLDO and the terms of this Agreement; in the event of a conflict between the PLDO and this Agreement, this Agreement shall prevail. 3.2 Credit Against In-Lieu Fees. For those park and recreational improvements for which McMillin seeks a credit against the payment of In-Lieu Fees, the Escalator shall apply to both the acquisition and development components of the PLDO. 3.3 Time of Calculation. Total required Park Improvement costs shall be calculated as of the issuance of a construction permit for each park. 4. Event Programming. In order to help encourage the sense of community of the McMillin Property's residents and businesses, City may consider approving at least twelve (12) events per park per year if proposed by McMillin or an Association, subject only to reasonable insurance, public health and safety requirements and in accordance with CYMC and zoning requirements. Any proposed event shall not exclude attendance by any member of the public. Suitable events include community, health (e.g., exercise, yoga or Tai Chi classes), art, science, literature, local business, and health fairs; recreational events; farmers' markets; seasonal and holiday events; and outdoor performances. All events shall be consistent with the underlying zoning and the requirements of the CYNIC unless otherwise modified by the EUC SPA Plan. Attachment 1 to Resolution 17-21 Page 8 of22 City may consider establishing a streamlined process allowing City to accommodate requests for general public events (at least twelve (12) privately-sponsored events per year) to be held on the McMillin Property subject to the provision of blanket insurance, public health and safety requirements. City will have the opportunity to request and receive approval from the Town Square site owners/owners representative(s) for at least twelve (12) publicly-sponsored events per year at the Town Square private park site subject to the provision of blanket insurance. 5. Maintenance. 5.1 Urban Parks. City and/or McMillin shall maintain the public and private Urban Parks as shown in Exhibit B to established City standards or as may further be defined within approved park master plans. (a) Public Parks. City and McMillin shall split equally (50-50) the costs of maintaining Public Parks, determined at the park master plan approval stage and based on preliminary cost estimates provided by both City and McMillin. City's share (and thus McMillin's basic share, subject to Section 5.3) shall be based on the average annual maintenance cost for 21.51 acres (23.36 acres less the 1.85 Off-Site In-Lieu Fee acreage) each fiscal year as calculated for the City's budget for public parks. Should maintenance costs be determined to be overly burdensome on either City or McMillin at the time of individual park master plan submittal/review, the park facilities shall be adjusted and approved in accordance with the Value Engineering Guidelines in Exhibit C. Should additional maintenance funds be needed above and beyond what is detailed above McMillin reserves the right to increase its portion of the funding at its sole discretion. Should McMillin, at its sole discretion, decide to increase its portion of funding, City shall not be required to match the funding in order to maintain the fifty/fifty (50-50) split of maintenance costs. (b) Private Parks. McMillin shall be responsible for maintenance of private parks within the McMillin Property, to the satisfaction of the Director of Development Services, until an Association or other entity assrnnes responsibility, in writing, for maintenance ofthe park, pursuant to CC&Rs approved by the City. 5.2 Urban Recreational Facilities. City shall maintain the Urban Recreational facilities that are within public street rights-of-way to established City standards and as may further be defined within the approved improvement plans. City and McMillin may also enter into an agreement to permit maintenance of Urban Recreational Facilities within public rights-of- way by an Association. Urban Recreational Facilities included in individual project submittals to City's Design Review, as detailed in the Thresholds for Parks and Recreational Facilities (Exhibit D), shall either be included in or annexed to a community facilities district, an assessment district, an Association, or equivalent entity that would finance maintenance. 5.3 Districts. City and McMillin agree that McMillin's portion of park maintenance costs may be covered through inclusion in a maintenance district. Should this occur, those funds collected for park maintenance will be used soley and entirely on park maintenance and will not be used to cover the maintenance costs of other facilities. Attachment I to Resolution 17-22 Page 9 of 22 6. Rent. Concessions and Events. Leases, concessIOns and special events are contemplated in all of the parks in the McMillin Property. 6.1 Rents and Concessions in Public Parks. City shall control leasing and concessions within all public parks in the McMillin Property, subject to City's customary permitting process. Net proceeds (i.e. revenues to the extent greater than expenditures) received by City therefrom shall be deposited into a City-controlled capital reserve fund to be used soley for capital replacements or improvements within public parks within the McMillin Property. 6.2 Events In Public Parks. Net proceeds received by City from current and prospective City-wide programs and events shall be used by City at City's discretion. Net revenues received by City from non-City-wide programs and events in a public park in the McMillin Property shall be deposited into a City-controlled capital reserve fund to be used solely for capital replacements or improvements within public parks within the McMillin Property. 6.3 Private Parks. The owner of each private park in the McMillin Property shall have full decision-making power over leasing and concessions within each such park, as well as control over and the right to receive any revenues derived therefrom and will confer in good faith with the City to avoid conflicts associated with a competing or conflicting activity or use with an existing or proposed City activity or use in an EUC park. Should City sponsor any event in any private EUC park, then the net proceeds received therefrom shall be deposited into a City-controlled capital reserve fund to be used solely for capital replacements or improvements within parks within the McMillin Property. 7. Security. McMillin shall post security with City in an amount equal to 100% of the cost of constructing the Park Improvements, as determined by City based on final construction documents submitted by McMillin. The security shall be posted as a condition of receiving an Urban Park construction permit and prior to receiving any building permits for the EUC. City may use that security to Complete Construction of such Urban Park or Urban Recreational Facility, and to satisfy In-Lieu Fees, should McMillin fail to meet its obligations to do so. City may reduce and release these securities pursuant to City's customary procedures and schedules pro rata upon completion or payment of the parks and fees described in Section 2. City reserves the right to withhold issuance of building and/or construction permits for units or properties within any part of the EUC when parks have not been Completed as shown in Exhibit D, "Thresholds for Parks." All security shall be a bond or letter of credit subject to the reasonable approval of City. McMillin shall pay the City the difference between the total costs incurred to Complete Construction and satisfy In-Lieu Fees, and any proceeds from the security. 8. Delavs. City may approve extensions for the date for Commencement and/or Completion of Construction of any Park due to City delays in approving park plans or due to force majeure. In addition, City may consider changing the construction schedule if appropriate to improve the relationship of certain parks, such as the Civic Plaza, with its surrounding community. 9. Joint Use. McMillin and the City agree to meet in good faith to discuss the feasibility of entering into a joint use agreement with the Chula Vista Elementary School District should that district wish to pursue j oint use of a park adj acent to its property. The details and Attachment I to Resolution 17-23 Page 10 of22 contents of such an agreement shall be in accordance with the CYMC, the EUC SPA Plan, this Agreement and any City park standards in effect at that time. 10. Public Works. Prior to\\11en constructing, or entering into any contract relating to the design or construction of, an Urban Park, a Park Improvement or any other park or recreational improvements required by this Agreement (collectively, the "Improvements"), McMillin shall comply cordruct thelmproycments in accordance with City Charter Section 1009, ttflE!--the City's policies and procedures governing competitive bidding for public works projects. and all other applicable local, state and federal requirements in effect at the time the biddillg and contracting for, or constmction of. the Improvements takes place. If i'.1c'\1illin docs not utilize proper public bid proceduros or pay prevailing wagcs, Mc:,iillin shall defcnd and indemnify tI:e City, its officers, agents and employccs against, and hold them hannlcss from, any and all claims for damages, liability, costs and expenscs (incbding, withoGt limitation, attorneys' fees) urisin; out of, related to, or alleged to be tho resclIt of, t>'lcMillin's failure to use proper public bffi-proccdurcs and/or pay pre','ailin; wagos. McMillin's obligations under this provision shall not extend to those claims based on, or allc,;cd to arisc Ollt of, the City's sole negligence or sole 'silIfulmisconduct. Reliance on advice from legal counsel, precedent and/or prior dea!ings with, or statements by, the City shall not ro1:6'0'6 McMillin from its ob!igationc under this proyision.. 11. Changes. City reserves its right to amend the PLDO, SPA Plan and parks master plan, subject to state and federal law and to a development agreement between City and McMillin. The Parties agree that, should any changes in state or federal law result in one or more provisions of this Agreement no longer being enforceable, the Parties shall meet and confer regarding amending the Agreement accordingly. The required PLDO fee obligations and values are snbject to periodic updates. McMillin's fee obligations are based on the level of fees in effect at the time the fees are paid, with the exception of the fee obligation described in Section 2.4. 12. City Action. If the City Council finds that the proposed design of a park within the McMillin Property is inconsistent with the SPA Plan, McMillin shall have the opportunity to re-design the park and submit the revised design for the City Council's consideration. 13. Miscellaneous Provisions. 13.1 Notices. All notices and demands given pursuant to this Agreement shall be written. They shall be deemed served (i) immediately, upon personal delivery; (ii) the next business day, if sent prepaid by recognized overnight service such as FedEx for delivery the next business day; or (iii) three (3) business days after deposit in the United States mail, certified or registered mail, return receipt requested, fITst -class postage prepaid. Until notice of a change of address is properly' given, notice shall be given: If to City: City of Chula Vista Attn: James D, Sandoval, City Manager 276 Fourth Avenue Chula Vista, California 91910 Attachment I to Resolution 17-24 Page 11 of 22 With a copy to: If to McMillin: With a copy to: Office of the City Attorney Attn: City Attorney 276 Fourth Avenue Chula Vista, California 91910 McMillin Otay Ranch LLC c/o McMillin Companies LLC Attn: Mr. Todd Galarneau 2750 Womble Road San Diego, California 92106 Hecht Solberg Robinson Goldberg & Bagley LLP Attn: Mr. Richard Schulman 600 W. Broadway, 8th Floor San Diego, California 92101 13.2 Captions. Captions in this Agreement are inserted for convenience of reference. They do not define, describe or limit any term of this Agreement. 13.3 Entire Agreement. This Agreement embodies the entire agreement and understanding between the parties regarding the subject matter hereof. No prior or contemporaneous oral or written representations, agreements, understandings and/or statements regarding its subject matter shall have any force or effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. However, all previous written agreements, such as supplemental subdivision improvement agreements, by and between the parties relating to park obligations, as well as City's Parks and Recreation Master Plan and Landscape Manual, remain in full force and effect except to the extent they conflict with this Agreement. 13.4 Contents of Agreement. All recitals set forth above and all exhibits attached hereto are part of this Agreement. 13.5 Severability. If any prOVlSlon of this Agreement or its particular application is held invalid or unenforceable, the remaining provisions of this Agreement, and their application, shall remain in full force and effect, unless a party's consideration materially fails as a result. 13.6 Recordation. The City may record this Amendment in the Office of the County Recorder of San Diego County, California. 13.7 Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney drafted this Agreement. It shall be conclusively presumed that all parties participated equally in drafting this Agreement. 13.8 Authority. Each party warrants and represents that it has legal authority and capacity to enter into this Agreement, and that it has taken all necessary action to authorize its entry into this Agreement. Each individual signing this Agreement on behalf of an entity Attachment 1 to Resolution 17-25 Page 12 of22 warrants that his/her principal has duly authorized himlher to sign this Agreement on its behalf so as to bind his/her principal. 13.9 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. 13.10 Successors. (a) Subject to paragraph 13.10(b), McMillin shall remain responsible to City for compliance with this Agreement. However, McMillin may contractually obligate, to McMillin, merchant builders or other successors without affecting City's rights hereunder. Should McMillin transfer or assign its interest in the McMillin Property, in whole or in part, to any person or entity during the Term of this Agreement, any such transferee or assignee shall be bound by this Agreement, as applicable to the portion of the McMillin Property acquired by the transfer or assigment. No action by McMillin pursuant to this section, without the City's consent, shall relieve McMillin of its obligations under this Agreement. (b) McMillin's design, construction and payment obligations hereunder may be performed or reimbursed, in whole or in part, by a community facilities district or similar financing district, subject to approval by City. Except as otherwise provided in or as modified by the Development Agreement, McMillin may pursue construction in accordance with CYMC 93.50.140. (c) Compliance with this Agreement shall be deemed to satisfy McMillin's PLDO and SPA Plan obligations relating to parks. Once all parks and improvements have been constructed and dedicated, as required hy this Agreement, including any additional park obligations that may be required pursuant to section 2.5 above, all park dedication and improvement requirements for the EUC shall be deemed complete and the obligation shall be removed from title, as to McMillin and any merchant builders developing within the McMillin Property. 13.11 Term. This Agreement shall remain in effect until, but shall automatically terminate upon, City acceptance of all the public Urban Parks and Urban Recreational Facilities, the Completion of Construction of the private Town Square and Urban Recreational Facilities, the construction and delivery of park and recreational improvements equal to the value of the total credit against In-Lieu Fees, and payment of In-Lieu Fee obligations per the terms of this Agreement; provided, however, that the provisions of Sections 5.1(a), 5.1(b) and 13.14 shall survive termination of this Agreement. 13.12 Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. Attachment 1 to Resolution 17-26 Page 13 of22 13.13 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against the City unless a claim has fIrst been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the CYMC, as same may from time to time be amended (the provisions of which are incorporated by this reference as if fully set forth herein), and such policies and procedures used by City in the implementation of same. 13.14 Indemnification. McMillin shall indemnify, protect and hold the City, its offIcers, employees, agents and independent contractors, free and harmless from any liability whatsoever or any damage of any kind or nature, relating to, arising out of, or alleged to be the result of the acts, omissions, negligence or willful misconduct of McMillin or McMillin's employees, subcontractors or other persons, agencies or fIrms for whom McMillin is legally responsible, (collectively, "McMillin"), relating to or arising from McMillin's activities contemplated under this Agreement, excepting only those claims for damages arising from the sole active negligence or sole willful misconduct of the City. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, offIcers, or employees which may be in combination with the active or passive negligent acts or omissions of McMillin, its employees, agents or officers, or any third party. McMillin shall defend, at its own expense, including attorneys' fees, the City, its offIcers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions of McMillin. The City may, in its discretion, participate in the defense of any such legal claim, action or proceeding, and McMillin shall pay for the City's expenses reasonably incurred, including City's attorneys' fees. 13.15 Non-liabilitv of Citv OffIcials and Emp10vees. No member, offIcial, employee or consultant of the City shall be personally liable to McMillin or its successor-in- interest in the event of any default or breach by City, or for any amount which may become due to McMillin or to its successor-in-interest, or on any obligations under the terms of this Agreement. 13.16 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be the original and all of which shall constitute one and the same document. Attachment 1 to Resolution 17-27 Page 14 of 22 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth above. CITY OF CHULA VISTA, a municipal corporation McMILLIN OTA Y RANCH, LLC, a Delaware limited liability company Cheryl Cox, Mayor BY: McMILLIN COMPANIES, LLC, a Delaware limited liability company Its: Manager By Attest: Donna R. Norris, City Clerk By 4..<:. Its: VI Printed Name: N IGHOUl"':> Ut APPROVED AS TO FORlY!: By Bart C. Miesfeld, City Attorney Attachment 1 to Resolution 17-28 Page 15 of22 EXHIBIT A Legal Description of McMillin Property With Map of All of EVe REAL PROPERTY IN THE CITY OF CHULA VISTA, STATE OF CALIFOR,"lIA, DESCRIBED AS FOLLOWS: PARCEL 3 OF PARCEL MAP NO. 18481, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 3 1,2000, AS INSTRUMENT NO. 2000-283684 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST RECORDED MAY 22, 2003, AS INSTRUMENT NO. 2003- 0604602, AND ACCEPTED BY THAT CERTAIN ACCEPTANCE OF IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST RECORDED MAY 22, 2003, AS INSTRUMENT NO. 2003- 0604603, AND CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED RECORDED MAY 22, 2003, AS INSTRUMENT NO. 2003-0604607, ALL OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. ".J '''-.,''''' / 'p ARCEL A VJJ..LAGE 12 PARCEL :2 pt"l'1 18481' \" , /'- ~ .. r.';CH ROAD / ... ..... , , _.,.~ . --. ~ L -0;:.- ~y~ "<>y ~$~ <i:'-' ctl:0)>. ~o- 't o '" ~. :'" \:~,,~ ~. ',. '.:" / ,,<.;..< ,,':>" "0 ' '" ~ . pARcEL 3 PM 1B4B-J 'Fu-TURE E.U,C. Apt.a 54'S-oaO-'jS ~ " , 'J1'..~ -'0 ~y ffi\ ~~, ~.4, o , 'ii; LOT is APNi 644-070-0i j N e I LOT 23 oTAY RANOH MAP 852 R.D.S. 16771 I'lCi TO SCALE. 17-29 EXHIBIT B Conceptual Map of McMillin Property and Parks ~ ~ 1 l~ ..1' ii r. ,i ISW/n Square iifl,erfomlance' !l, ,'i, "~c. (1, ! i!! ~ \; ~'~ ~~ \ , " 'I' .,..,;....~...-. To \."ill~e 9 ,'. ,~,".,,' It>:~fil ~ Prh'ate Paft\s ~ Priv3te Office P13za ........u Jogging Path ,,:,-' Note: Jogging pm.'" ar.d pli1Z3 tOCJ.tions ~re conceptu;31 ;md .....it! t'>e secured tt:rct:~h the TM conditions and me concepwc.t blc-cl<. ~!;Jnntng process. Eastern Urban Center& Otay Ranch ..... Attachment I to Resolution 1 ")13:30 EXHIBIT C Value Engineering Guidelines Intent: The intent of these Value Engineering Guidelines Program is to provide a decision making tool for addressing facility design and/or inclusion should the Escalator and any value engineering exercise not result in sufficient funds to complete the construction of the parks as originally anticipated. Guidelines: 1. At a minimum, the park facilities should meet the following objectives: a. Any facility revision or reduction must not reduce 'Placemaking' function ofthe parks. b. Facility reductions or modifications shall focus on the recreational needs of the target demographic as identified in the EUe SPA Plan and ensure facilities to meet this target demographic. c. Any facility revision or reduction should maintain the design concept for the particular park as identified in the EUe SPA Plan. 2. Each park shall maintain the core facilities that promote a multiplicity of recreational experiences rather than a singular use (for an example; the multipurpose field area would be maintained over a specialized court sport facility). 3. Each park shall maintain at least one focus element that addresses the 'energy' design concept for the particular park as identified in the EUC SPA Plan. 4. Each park shall provide both shaded and sunny recreational areas. Shade can be provided by structure or tree canopy. 5. Each park shall provide a complement of site furnishings for the general operations of the park, including at a minimum adequate waste and recycling receptacles, benches and potable water sources. 6. At a minimum, if programmed into the park and identified in the EUC SPA Plan, restroom/maintenance facilities will be provided unless the City of Chula Vista determines otherwise. The extent and design of these facilities may be subject to value-engineering. 7. Each park should maintain its commitment to sustainable practices including drought tolerant plant materials, increase of pervious surfaces, low energy and low water use fixtures, recycled materials and other measures. 8. Grants or other contributing funding sources such as sponsorships should be explored to increase the funding pool and enable the initial design concepts. 17-31 Exhibit D Thresholds for Parks Park IOD Submit Park Master Plan Commence Construction & Park Completion 2 Submit Public Access easement (ifneeded) PI On fIrst Prior to issuance of first Prior to occupancy of 100 Park to be completed one Final Map building permit for Tentative dwelling units within Tentative year after park Map Lot 4 Map Lot 4. Commences Construction 2 P2 On fIrst Prior to issuance of first Prior to occupancy of a library Park to be completed one Final Map building permit for a library or or cultural venue in Lots 7 or year after park commences cultural venue within Lots 7 or 16.' construction 2 16.' P3 & On fIrst Prior to issuance of first Prior to occupancy of the first Park to be completed one Paseo Final Map building permit for Tentative building on Tentative map Lots year after park commences Map Lots 17 or IS. 17 or IS. construction 2 P4 On fIrst Prior to issuance of first Prior to occupancy of 100 Park to be completed one Final Map building permit for Tentative dwelling units within for year after park commences Map Lot 27. Tentative Map Lot 27.' construction 2 P5 On fIrst Prior to issuance of first Prior to occupancy of 65 Park to be completed one Final Map building permit for Tentative dwelling units within Tentative year after park commences Map Lot 26. Map Lot 26. , construction 2 P6 On fIrst Prior to issuance of first Prior to occupancy of 200 Park to be completed one Final Map building permit for Lot 2S. dwelling units within Lot 2S' year after park commences construction 2 , If it is determined that a school site will be located adjacent to the park then construction of the park shall commence prior to its opening. 2 Should sufficient evidence or bonding be provided to the City Engineer ensuring that the park will be completed in a timely manner then the City Engineer may allow building permits to be issued in the subsequent SPA Site Utilization Plan Districts and/or Tentative Map Lots. 3 Should another building fronting on the park site replace the library or cultural venue, the issuance of a building permit for, and occupancy of, that building will trigger the submittal of the park master plan and the commencement of construction, respectively, ofP2. Note: Section 7 "Security" gives the City the right to withhold building permits for units or properties within the EUC should park constru.ction commencement or parks completion not occur as shown in this exhibit. Thresholds for Recreational Facilities Facility(s) Submit Design Submit Security, Credit Received Engineers Est. & public access easement Jogging Path With project submittal Prior to project Building Tbrough TM Condition & toDRC. permit STAlSSIA(s) Ollice Plazas With project submittal Prior to project Building Tbrough TM Condition & to DRC. permit SWSSIA(s) Notes: It is anticipated that individual project submittals will contain their project portion of the recreational facilities and that the City will accept recreational facility delivery in segments through the buildout of the EUC. Pedestrian Improvement Plans means the Improvement plans that contain the oedestrian facility referenced. Attachment 1 to Resolution 1 }1.32 EXHIBIT E Monitoring Table/Equivalency Calculations ~ -.I I w w Civic Plaza Town S uare Southwest Park South central Park Southeast Park Dedicated land Total Initial Parkland Development Fee (PD1)2 Initial Parkland Acquisition Fee (PA 1)2 Equations: BPD = AC . PD2 EQ$ = IMP. BPD EQA = EQ$/ [(PA + PD)(1+ESC)] ESC = (PD2 - PD1) / PD1 Park Dedication Summary Dedicated Land Enhancement Equivalency Offsite Payment Equivalency Total Acres Attachment I to Resolution Total Enhancement Equivalency Dollars, per the development component of the PLOO, required for base level of park improvements The on~site in lieu fee dollars spent on the park beyond the base amount required by the PLOO Equivalency dollars converted to acreage equivalent by using the per acre value of the Park Fee The percentage increase in the Development Fee in the PLOD >15.63 >5.88 >23.36 E- To be input at Final Map approval To be input at completion of construction Acreage Equivalent calculated by table To be input at construction pennit issuance ~ -J I "" ~ 1 Total cost of park Improvements 2 Established at the time of approval of the agreement Attachment 1 to Resolution Total Enhancement Equivalency E- Target Equivalency Exhibit F Park Cost Estimates ~i~~~ >l ~: ~i '. ,.., " ," '". ,~: """~. --~':'_"i:~. j!::" F'-3 P.2 P.l P-4 P-S p-j; I~':..~. ~:~t Exl<lntslon~;; s...:;; ~~ =~ P-S P_8 "~'~"--'r1'"-tttl=ll'~"rfr~-~~" I-~f 7 P.lm~..m~II_12'"t~ ." 10 0 0 0 0 0 10 22:13 S82Z1 S6223 SO SO so so 8 Sl1rub~IG""'''''''''''''rPl.nti sr HOC 13000 5750 6500 8500 5000 39150 54.98 1979O!l $14iJ8 SG4n2 $26.821 SJ23111 32361 $248!l3 9 Lawn-$o<l oJ 2500 7eoo 5175C 41110O 50000 100000 25Jaso 082 $157978 \556 a54 SJ2205 ~O'J 311'6 52 JJ 10 SllClcl;Ji - Planll .' "',.$67',~21 $112,175 $106,449 " 15.286 S106.605 51\7.931 $118.375 ;,lk>n=',,::,-,""""""""~' '.'''',,.,.,,,,,,'J'''''',.'_'''''' '''''me' =,','C' ~"_""''''''"''~''_''_~''~_'''''''tl''c-",,-<,. "',r:,...,.~".".-,.""",,......Il!:t,,^.,,' ,'-;,_j<C- A,.'; ,,,,,'~." """"'''\i<'~'/;< ,''',,,,,,,,,,,,,_,, ."',.....,,''''>.,~,. "N"l.,n,,..,,,,,,,,-," '''''''''....'''.,.:~,.:~,_~.,'~"".__.,.'''"'~.",.,,'o:. 11 lIT; ahe~ sf 5500 20 aoo 57 SOO 48300 SII 500 105 DOO 29~ 600 54 36 S, 279 DOll S2~ 000 $00 611 250 497 12'0409 S2<1ll '31 S4S1411 12 Tt_1 alic~ n 217 48 00 as 00 61 611 \66.70 $1'4073 S40514 $aM2 516&13 515669 16503 '5123 13 SUDtelal -lIT atic~ ($1;393.Gll\ $64.473 599.572 $267.200 522~,2.7~ $262.934 5412,534 P'lan P :F~.I'(earMa'nt.nance~.__~=--m= "";~~;1_""..';;,,'-.'_ .,,...,,,..,,,,...;-~,,,-~_ ,__"""..~,'~.~,'..., ...~,,~........_"...-......-~ '~-;""'~"~"'j""'~"""""""",_""^"_~""""""",,~<:,,,,, \4 1~;alicngl""~rcrlf"fOCtZgn,,.plan~ng..... 5,343 1m 2343 2.030 2~3~ 4074 16015 $11.20 520,aD2 9652 $21'94 526249 $2'740 $26134 .'~6J7 15 SI"'ClUrojSo,lg,TreePils C 35lOO 540 0 0 0 0 4540 223 $26.2537 $242706 S39629 0 10 SO SC 16 Pre _""~elpl4~t, ,..ea. 1350 "63 426 <Ill1 48' 370 4071 11167 $76005 $25204 S179~ 17953 $8(;&) S8,9aD $6908 17 TM""~(e,I_~4""'S ~ 93 259 \917 IS4a las2 3704 9403 $822 556517 SS79 $1799 511.'OJO 5;634 11526 $23051 18 Fire ".,,, ancl""I oreDIPl.m, .1""",,,,,,,.. Isf 5.500 20~(Xl 575(Xl 48300 56500 105000 293600 SO.12 n654~ $865 52589 $7157 56012 $7032 13069 19 Mulc~ .n"'Db~s 333 1444 B~9 7'22 722 S56 4416 S4~6 $192~7 $T451 $6290 12764 $3145 nl45 2422 20 Cohhl~ Mulo~ .f I DOO I DOO 1000 1000 2S00 2000 a 500 54.96 542 ]lB 979 54 979 54 979 104 979 5'2447 9957 21 Reel h4rri~," ,I ~oo :JfiO 300 ]00 ~OO 600 2480 5871 121 4J:J SS 22B 53 137 526'4 $2514 52614 225 22 Ccnt'''''le,,"~i~I~~4~ceaWarran _1 sl 5500 20 BOO 575ClJ 48~00 sa 500 105000 29]600 O.SO $148172 $2736 $10356 52~621 S24.047 1<6129 152276 23 SU"lelal_P1~~! "r8g.FnIY"arMainle~'1lCll I I = ~566 534~.422 StC6.\51 S.2.2~9 $11:2.150 $100.007 $1511.547 H,nlsca .,.....""~~~~= ........~..........1h.~...^~....~lQIa_;~.....; ...."...,..."~,..,'--v,,,.....J>~""~'^...'4........,.,_-""'...........::.,,...y;:;."'.."'_,,l't'-.....,...".,,,.....,.,.......~,,,..,"".;~..,,. 24 s..8Iwall_C'f>""nc:reI8_18'~ 1\ '_~ ,r 100 200 200 100 100 100 lIDO $32361 25116118 S~2J81 564722 S04722 $32J1I1 $32~6' J2~~1 25 Concrel"t>P.nd... II 750 350 100 100 100 500 2000 S14.94 $29872 511202 $52211 $1494 $1494 $1494 SS9r:;2 26 LannOC3 .,., in ~]oo 100 JOO ~oo 300 500 1 900 $11.71 $16554 52614 S1I71 $2.614 $2.814 $21114 $5 22~ 27 SUb!e!.. - H..-d""""," . ,- SJOS,314 548.177 S70.~21 S66.B29 536.466 136,48<1 S4e.S5C F_"'''''''~~-=:::a:-~--'-=~~'_'''~'''''"'''''''-'''''~__~''''',,"_~'''.''''''''''''''~_'''>ft_''''''''''_''''''''~~".~ 26 Con<:r<!I~. .kI, Gre OfOOm ~r"n Isf 6,000 12,:)00 II 000 0 0 5000 29000 $560 $16242B $336011 $87211 533606 10 $0 $25005 29 Co=<>'~.sld,Gr~ orDCm~nrsn IsI 22000 20000 2 BOO 72S0 11200 10S00 70750 SS.60 $J96267 $12322, 112019 $156113 $40607 $459211 56610 30 Unit 11..! sr a 0 0 a 0 0 0 S1400 $0 10 a $0 $0 SO SO 31 Uoit O""8r~_ """"rele sf 0 0 5000 1 500 0 0 6 500 12.32 $110094 $0 so S61 S10 SI 483 50 SO 32 Uo,t av~", -~. sf 4.000 5500 0 0 1500 0 14000 $6,09 5113264 532361 SlIB 7117 $0 SO $12 1~5 SO 33 D~mtl<1...,.;Gra~d~ sf 0 0 a 0 11250 4150 10400 54381 $4li.]G5 $0 $0 $0 SO 27227 111071l 34 Pl. mund""r140 sf 0 0 1 000 1 000 I 200 1400 4800 1431 $65642 so sa 514.~14 $143'4 $17176 520039 35 So.Ololal_Flatw<>rk ""'5863,200 $1119.166 $247,9911 S125.212 $73.404 $lo2.46fi 5124,932 Slt..Furnilure.4_"'_"",:x","~,,"""'_"" .,.,,,,,,~.;...,,,,,.,,, ","''''''' -="";; (',."','.=0......,,"',., ''",'''"''''m>:''~"". ',....,."""" ',:",~""", ",,' "",,..,,'.'.'. ,~, .-'",.."".,,;!-'...:>...''^''''-.:f''ji''-'''''.....''''.--,......''''',-'.. ...~.""'''''','''.,'''''''.'.,ru'*'''".,~.,--."'j'''''.",,..,..''''''.-..,__.i.''.,W.W.."'~''''''''''''''"'.""=",, 311 Tre~Grolu.5'Xb'"".lircn u 0 0 0 0 0 a 0 $140024 $0 SO 0 $0 $0 so 10 37 81ke Racks eo 15 10 5 5 5 10 50 S746.79 $~7 34ll $11 202 $7468 $3.734 S~,734 S3.734 $7 46~ 36 Tr=n"lecelades ~. 12 II 4 4 4 8 40 $99572 $J9a29 $1194S S7966 SJ.!;lI3 13.96J 13;aJ 79r:;6 39 WaSle8 Oisoe~"", R""e I~e. ea 6 2 10 10 2 10 40 S560.10 S22400< 3361 $1120 $5fiOl $5601 1120 SS60' 40 e..ncl1~. u 15 15 10 10 10 10 70 $149359 $104551 $22404 $22404 $14m6 14936 S'49~6 S'4936 41 Picnic T<Ii>les ea 10 10 10 5 10 10 55 $2 499.~1 $13691< S24 a93 S24 ~93 $24 Bg3 $12 -t-a7 $24 a93 5241193 42 Mevuhl~ Tohl~. one! Ch.,,,, ~a 10 30 10 10 10 10 60 $166896 $149 ]Sg $111670 SSIl 010 Sl11 ~70 III 670 $1~.1I70 $1~ B70 4~ Umllrellas ea 25 30 10 10 10 20 105 $748.19 $7641J $\81170 522404 $7486 $7,46lI S1466 $14936 44 U rB<led I'<lle. Mou~ied L hi, lea 12 5 ~ 5 5 12 44 $9957,25 5436119 S119481 $497llS $4\1,700 97116 $49700 S1194117 M:IW:".:='~;:::.~::::.,,_,~,~-"'<~,'.........."""'..'."""" .""""'" "",,---..,:'t.=- '= _......;J;:. ~~",.--,,;__~. '*'="""'" -..; ....""",,"~~ M"';~'-'WOoI.' <~~~;:,.: $2306J5 $192050 Sl29 071 $'16624 $124S[lQ 521]\156 46 Molal.4' H h It 0 0 200 400 200 200 1000 $93 35 59~J49 50 $0 S~7 34(l 5111~70 $t6670 47 Gato_Molal.4'H' ~ eo 0 0 I 2 1 3 7 $42316 S2962 50 $0 S648 S423 1270 48 So.hlelal_S.I.Fumilure "$;16311 $0 $0 S~6 66 $19C93 $19939 Sit..A"",~ 'Fulu'_Ifi'.'-~'_-""""""",""'""""'4~""''''''' ......,....~~-.;;-.....-...-='".....---~-"~~__~-""'-""-.-..L-",.".","--<J "9 Foun!a,n 0 1 a 0 0 0 1 S62232.80 S<l2233 0 $62233 $0 so SO $0 50 Feunt.,n Inlell"Clive erl ~ 2 1 1 I 0 0 S S311,63,96 515551120 162232B $311 184 1311184 1311164 SO 10 51 S' e W3 ",ell E!~m~nl~ 4 2 0 0 1 2 9 $31 l1B,4Q $2110()4~ S124486 562233 $0 $0 $3'116 562233 52 S<:lJllur~ P.rtEI~me~15.Si n"IUro 2' I 1 , 1 7 S124485.59 1671259 S2489~' $124466 1124466 5'24466 $I2446e S12446S 5J Sall lu", Ar1 EI8me~," _Lo 8 0 2 a 0 2 I 5 S62 232 80 $311164 $0 $124466 SO $0 124466 S622J~ 54 PI. eunC E UI menl 0 0 1 1 I I 4 $93349.19 $373397 SO So S9334G $93:149 9~:149 $~349 55 S p",~ 0 0 1 a 0 0 I $166 ~911.39 186 69~ SO $0 186 11516 sa $0 so sa Fi..R, 0 0 0 a 0 0 0 $3111ij,40 0 $0 50 $0 so so 57 o.o~oo.P1.lte'm a a OlD 0 1 $aD!l<Y.1.63 SilO 003 SO 10 $0 aD 003 $0 SO S6 Tre~ Heu.... a 0 0 0 0 I 1 $497682,36 $-197sa2 sa so $0 SO SO $497!lEi2 59 OuldooeSt 8 0 1 0 0 0 0 1 S311163,98 $JI1164 sa $~11184 So SO SO SO 60 Ouldoocrl>o!al", a 0 0 0 0 0 0 $124465591 $0 $0 . $0 $0 so $0 So 62 SIJlllll!aI_S.I. A"",ml18'. FUlUre. ;;;:'$4,530,546 5S515,725 SB95.125 S715,677 $609,~1I1 S]73.~91 5840,143 Str""Iu""','''''''''''''_~~.,~J,,,...........=,.~ ,"" '~."'.""~~"=" '''''''''''C'''''''''''''''''',,,,,,''i' '.,...".,,,,,, ,"""'''-~''''''''''''--'_''''''. '.=- ".''';>;''''~."..'',~,.,.'-lI~...,\"'.,.,.....-.... "..., '".,.,""'....,.~" ,..,,'"""~...;,,;;'.".'..'__,'f=''''''''''E;.'--.' '"me,;"""'",."',,',"',"''''',,,,'.' 63 R8slfOCm~M~'nloMr>c8ster ~ 0 0 1 1 1 1 .. 5~111113.g11 $1244656 sa $0 $311154 :&311164 $3111(,4 $J11184 t>4 G3ZeC<l PavllI<>n_lar 8 0 0 0 0 0 0 0 19957247 50 0 $0 $0 $0 So $0 65 G.uobo Pavjlic~_small 0 0 1 0 a 0 1 59~349.19 i9J34g sa so S:r.J.349 SO $n so 66 T'8~ o.em..O<jS(ruc~,~ T~n.ieS~ad8SIru<:~u 0 a 0 0 1 1 2 S62232,80 $124468 $0 $0 SO so $B2233 223~ A~:Uc~::~~:;~~'7$''''''~~;~'~~''''~~~~'''"" ~~~~':'=~'"''';''~'~~';;~^~~'~~~d~' .~,,>e-:",., ~M"d~~ 2 ~';Sl.::::: :: :: S404'S~: 5311.1fi4 sm.~:: S:::.::: ~ E,::~:%~~::::"". , ::,:: : : : ~",m:;; :: :::: :: ,,;::;; nn'" '''!'':~:;c:-;;r~n-Subfol.11 7',.::)!\ "'"lJlU1TY4 ~fr!20I66 "SIi31:16, 1ll5OO161 'rmJt5IQ.2"-J ~'124-1a:JUT \-'~,-W1"C-: =$1-1'J49172 'r.S11341l n lS'96'~ lSl'B20'7S1l1$1937-261 '$1600761 'S1510263 498307 73 Des; n&ConslnJctlonCo~tln en -10% S19a179 la2077 S193726 S160a7~ S151 028 i249~31 S1134917 51134917 74 ~1~?'~~:~~'~~:~fo~mlts.Bond5and $19S17g $la2077 $lg372!i $160076 $1511J2S $249831 $1.134917 S1134917 Ri75'1I .."...."'~r..'lll'...~l.""__~;'f".':1""HIli:1cvstSlJbtol.11 ,WI:' J "'$J96J.."'9 "'f.J8.l ;S3 f.fJll1452 \'$120152 ,.,,)lo-s.JOl'051 '::~~J4995/if .'~2Z/iQ1ll4 "....,~~.,i!' .J ,'f'''':~!:,':'';Z:- 'L19.-.<'<+-'1 .~;.:.,~ 3!oe~ ""...~..il (.k_:'" ":'m ,t"W'. .J 7lI O..si n*Oocuml!ntatio"_lO% S1911179 ~1112077 S193725 5100076 S'Sl02~ S249631 S'2496~16 $1~Bl001 f';no";,~'~'''':,-.r:::-'\OWi'"il1HCOnti "Subtotal mr' ~59008.'17 ~S9lD38J'~f9ll8631 S800= ")'~17-55141 +-:-;11249153 W:";'::;~;"',7..n 'i'~;,,>,'.-'1"~~.;, NSJ631 3S)~',":"cG:'1l litW"(';"k':';!"""tlpr';', 1>'l~"%rV ".;*,~!"::1 76 226 1.62 1,97 1.51 1.00 3.80 12,86 S1204.200 S15510096 S79ll':I02.578.]32 ::102.368.996 'S2;51a,440 12000989 ffilS1,963.1aa ';\"'1U247.7llll ,^"" ~'~.J:. ""\:;,,li~""~: ~$3a,49tQ03 ~;t.;)L;;'2'~ Lj:..i;':~:l !i:;:~;,W\",1 ~_;;." '. '-",j; ii."-~ t::JC">-~ 50 Wilhct.tlanai1f$H 907 Note: This table does not include costs associated with the 2,75 acres Urban Recreational Facilities or the off-site in-lieu fees. Attachment 1 to Resolution F-1 17-35