HomeMy WebLinkAbout2010 CON N.C. Apartments, Harbor View, Village Capital - Utility Undergrounding 819 D Avenue•
D C # 2010-0497191
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RECORDING REQUESTED BY:
CITY CLERK OF NATIONAL CITY
1243 National City Blvd
National City, CA 91950
AND WHEN RECORDED MAIL TO:
p CITY OF NATIONAL CITY
O 1243 National City Blvd
die National City, CA 91950
6401
SEP 20, 2010 12:14 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 82.00
PAGES 23
1111111111111111111111111111111111111111111111111111111111111111111111111111111111111
THIS SPACE FOR RECORDER'S USE ONLY
REIMBURSEMENT AGREEMENT: WITH N.C. APARTMENTS, LLC
FOR THE UTILITY UNDERGROUNDING, AS REQUIRED BY
THE RESOLUTION NO. 2006-266, FOR THE HARBOR VIEW
CONDOMINIUM PROJECT LOCATED AT 819 D AVENUE
(Please fill in document title(s) on this page)
THIS PAGE ADDED TO PROVIDED ADEQUATE SPACE FOR RECORDING INFORMATION
6402
REIMBURSEMENT AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY AND
NC APARTMENTS, LLC FOR THE UNDERGROUNDING
OF UTILITIES
(AKA HARBOR VIEW CONDO PROJECT)
This Reimbursement Agreement [Agreement] is entered into this 7th day of September,
2010, by the City of National City, a municipal corporation, ("City") and NC Apartments, LLC,
a California limited liability company ( the "Owner").
RECITALS
WHEREAS, on December 19, 2006 the project commonly referred to as the Harbor View
Project, received the following discretionary approvals:
Tentative Subdivision Map S-2006-16;
WHEREAS, the mixed use project commonly referred to as the Harbor View Project,
located at 819 D Avenue, has an obligation, pursuant to conditions of approval contained in City
Council Resolution number 2006-266 , to underground the utilities (hereafter referred to as
"Harbor View Undergrounding Project"). More specifically: "All utility distribution facilities
within the boundaries of the subdivision, and within the half street abutting the new subdivision,
shall be placed underground," per Resolution number 2006-266, attached as Exhibit "A";
WHEREAS, the utilities subject to the undergrounding requirement described above are
described more particularly in Exhibit "B", attached;
WHEREAS, the depiction of where the utilities described in Exhibit A are to be placed
underground is shown more specifically on Exhibit "C", attached;
WHEREAS, the City of National City anticipates conducting a larger undergrounding
project in the area of the Harbor View Undergrounding Project ("City Project") in the near
future, commonly referred to as the 8th Street Undergrounding Project;
WHEREAS, 2 of the 3 power poles ("the 8th Street Poles") previously requireduof owner
will be undergrounded by the City Project. The 3rd power pole #P208226 (the "9t Street Pole")
is required to be underground and/or paid for by Owner;
WHEREAS, the parties seek to coordinate and combine the undergrounding efforts and
construction timing;
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Reimbursement Agreement
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WHEREAS, Owner seeks to satisfy its condition of approval by having the Harbor View
Undergrounding Project occur when the City's larger 8th Street Undergrounding Project
proceeds;
WHEREAS, the undergrounding of the utilities for the Harbor View Undergrounding
Project at the time of the 8th Street Undergrounding Project would promote uniform street
improvements and the policies of the City's General Plan, and would allow the undergrounding
to be constructed more economically;
WHEREAS, the estimated cost for undergrounding the 9th Street Pole is $275,000, not
including administrative expenses; and
WHEREAS, in order to ensure the Owner's obligation to underground the utilities is
completed, the Owner is willing to deposit with the City the estimated cost of the
undergrounding of the 9th Street Pole plus a three -percent administrative overhead fee and have
the Harbor View Undergrounding Project undertaken when the 8th Street Undergrounding
Project occurs.
NOW, THEREFORE, the parties agree as follows:
1. Construction of Improvements. City shall undertake the Harbor View Undergrounding
project in accordance with Exhibit B as part of its 8th Street Undergrounding Project. To
the extent any reconstruction of OWNER's property is required, that cost shall be part of
the Harbor View Undergrounding Project. OWNER hereby grants permission to the City
or its authorized agent or contractor to enter along OWNER's property where necessary
for purposes of constructing the Harbor View Undergrounding Project and the
undergrounding of the 9th Street Pole.
2. Dedication. In consideration of the City's agreement to construct the Harbor View
Undergrounding Project, OWNER shall, prior to commencement of the project, dedicate,
grant and transfer to City, in fee simple absolute, all of OWNER's rights, title and interest
in the land in which the Harbor View Undergrounding Project is located, if any, free and
clear of all liens, covenants, conditions, restrictions, encumbrances, mortgages, taxes,
assessments, reservations, and leases (whether recorded or unrecorded), except for
easement or rights -of -way over the land for public or quasi -public utilities or public street
purposes, if any, to the satisfaction of the City.
3. Representations, Warranties and Indemnification.
a. OWNER represents and warrants that there are no oral or written leases on all
or any portion of the Harbor View Undergrounding Project, and that there are
no liens, encumbrances, mortgages, covenants, conditions, restrictions or
reservations on or against the property in which the Harbor View
Undergrounding Project is located. OWNER shall indemnify, defend and hold
harmless the City, the Community Development Commission of the City of
National City, and its officials, officers, employees, volunteers, agents and
attorneys from and against any and all claims, losses, damages, costs
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(including attorneys' fees and litigation costs), actions and causes of action
arising out of or relating to any alleged leases, liens, mortgages, covenants,
conditions, restrictions or reservations, on or against the Harbor View
Undergrounding Project property.
b. OWNER further represents and warrants that title to the Harbor View
Undergrounding Project is vested exclusively in OWNER and that OWNER
can deliver good, clear title to the Harbor View Undergrounding Project, or
that OWNER has the legal right to use the property for the Harbor View
Undergrounding project. OWNER shall indemnify, defend and hold harmless
the City, the Community Development Commission of the City of National
City, and its officials, officers employees, volunteers, agents and attorneys
from and against any and all claims, losses, damages, costs (including
attorneys' fees and litigation costs), actions and causes of action arising out of
or relating to any alleged defect in, clouds on the title to, or lack of legal right
to use of the property for the Harbor View Undergrounding Project.
c. OWNER also represents and warrants that OWNER has no knowledge of the
presence of any hazardous or toxic materials, compounds or chemicals on the
Harbor View Undergrounding Project property as of the date of the execution
of this Agreement. OWNER shall indemnify, defend and hold harmless the
City, the Community Development Commission of the City of National City,
and its officials, officers employees, volunteers, agents and attorneys from and
against any and all claims, losses, damages, costs (including attorneys' fees
and litigation costs), actions and causes of action arising out of or relating to
any allegations of the presence of any hazardous or toxic materials,
compounds, or chemicals that exist on the Harbor View Undergrounding
Project property as of the date of execution of this Agreement. Said indemnity
shall apply to, but is not limited to the costs of cleanup and/or removal of such
hazardous or toxic materials, and to injuries, or damages occasioned by such
materials to the life, health and/or property of third -parties, as well as to the
parties to this Agreement.
4. Reimbursement of Costs. In further consideration of City's construction of the Harbor
View Undergrounding Project and the undergrounding of the 9th Street Pole, OWNER
agrees it is solely responsible for the entire total cost of the Undergrounding of the 9th
Street Pole. OWNER agrees to reimburse the City for the actual total cost of the 9th Street
Pole, including any and all amounts that exceed the estimated cost, without off -set,
deduction, or counterclaim. The actual total cost includes all construction and
administrative overhead costs. OWNER shall pay the total actual costs, as follows:
a. The OWNER at its option may either pay for and effectuate the
Undergrounding of the 9th Street Pole or, shall deposit with the City a total of
two -hundred eighty-three thousand two -hundred fifty dollars ($283,250.00),
in the form of a Letter or Credit or Certificate of Deposit ( "deposit") upon
OWNER's execution of this Agreement, in a Trust and Agency Account
established for the sole purpose of Undergrounding the 9th Street Pole. The
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Reimbursement Agreement
64O5
deposit amount is based on the estimated construction cost of $275,000 to
underground the utilities plus 3 percent (3%) administrative overhead cost.
b. City shall transfer monies from the Trust and Agency Account to pay for costs
as they are incurred for the 9th Street Pole. City agrees to provide OWNER
statements of such transfers.
c. City may demand additional monies be deposited by OWNER into the Trust
and Agency Account, should the balance fall below 10% of the original
deposit (i.e. $28,325.00). The amount of the additional deposit is at the sole
discretion of the City and shall be no less than the estimated amount of the
remaining total costs.
d. OWNER shall deposit with the City additional monies within 20 days of
demand.
e. OWNER agrees to pay the total construction costs and three (3%)
administrative overhead cost, less the deposit, to the City within thirty (30)
days of City's request for reimbursement for the costs of the undergrounding.
f. OWNER acknowledges that late payment to City will cause City to incur
costs not contemplated by this Agreement. Such costs include, without
limitation, processing and accounting charges. Therefore, if City does not
receive payment within the timeframes requested, OWNER shall pay a 10%
penalty on any outstanding demand. The parties agree that this late charge
represents a reasonable sum considering all the circumstances existing on the
date of this Agreement and represents a fair and reasonable estimate of the
costs that city will incur by reason of late payment. The parties further agree
that proof of actual damages would be costly or inconvenient. Acceptance of
any late charge does not constitute a waiver of the default to the overdue
amount and will not prevent City from exercising any of the other rights and
remedies available to City.
5. 8th Street Undergrounding Project. As of the date of this Agreement, the 8th Street
Undergrounding Project is anticipated to occur in year 2012. Whether the 8th Street
Undergrounding Project proceeds is at the discretion of the City Council for the City of
National City, and the City Council retains its discretion over whether this particular
project proceeds. OWNER agrees that should the 8th Street Undergrounding Project not
proceed, the obligation to underground the utilities remains OWNER's obligation.
a. In the event the 8th Street Undergrounding Project does not proceed within
three (3) years from the date of this Agreement, OWNER shall be obligated to
underground the utilities, as originally required in its conditions of approval.
b. In the event the 8th Street Undergrounding Project does not proceed within
three (3) years from the date of this Agreement, City shall refund OWNER all
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monies deposited by OWNER upon posting of a performance bond and
issuance of a construction permit.
6. Notices. Any notice required by this Agreement shall be in writing, and will be deemed
delivered on the date that it is deposited in the United States mail, postage prepaid, for
first class delivery, addressed to the recipients at the addresses set forth below:
To Owner:
Andrew J. Held
Pedcor Commercial Development LLC
770 3rd Avenue SW
Carmel, Indiana 46032
With cc:
Matthew A. Peterson, Esq.
Peterson & Price, APC
530 B Street, Suite 1800
San Diego, CA 92101
To City:
City Engineer
City of National City
1243 National City Boulevard
National City, CA 91950
7. Miscellaneous Provisions.
a. This Agreement benefits and burdens both the OWNER'S property and City's
rights -of -way. As such:
i. The obligations, terms and conditions set forth herein shall run with the land
and be binding upon, inure to the benefit of, and be enforceable by the
assigns, administrators, and successors of the City and of the OWNER;
ii. OWNER'S signatures to this Agreement shall be notarized; and,
iii. This Agreement shall be recorded with the Office of the County Recorder,
County of San Diego.
b. This Agreement shall be governed by the laws of the State of California.
c. This Agreement contains the entire agreement of the parties. There are no
representations, agreements, arrangements, or understandings, oral or written,
between and among the parties relating to the subject matter contained in this
Agreement, which are not fully expressed herein;
d. In the event the City initiates a lawsuit to enforce the terms of this Agreement,
the City shall be entitled to recover its costs and attorneys' fees;
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e. This Agreement may be executed in counterparts and as so executed shall
constitute one Agreement binding on all parties.
f. OWNER acknowledges that OWNER has read the terms of this Agreement
and has had and availed itself of the opportunity to seek legal counsel
regarding the terms and implications of this Agreement; and OWNER
acknowledges that OWNER understands the terms hereof and agrees to be
bound thereby.
IN WITNESS THEREOF, the parties have caused this Agreement to be executed in duplicate
on the date and year first written herein.
CITY OF NATIONAL CITY
Ron Morrison, Mayor
A. uroved as to f+rrn:
dia G. Sil , �;'ty Attorney
SEE ATTACHED EXHIBITS A and B
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NC APARTMENTS, LLC
a California limited liability company
)0
(Date)
(Signature)
(Print Name & Title)
oiniwt BiLL
(Signature)
TASbARi �IQLE IkRaAbta6 Mctti$�C
(Print Name & Title)
NOTE: NOTARY ACKNOWLEDGMENTS (FOR ALL SIGNATURES) MUST BE ATTACHED,
PER CIVIL CODE SEC. 1180 ET. SEQ.
Page 8 of 9 Harbor View Undergrounding Project
Reimbursement Agreement
6410
STATE OF INDIANA
)
) SS
COUNTY OF HAMILTON )
Before me, the undersigned, a Notary Public in and for said County and State, this 9th day
of September, 2010, personally appeared Andrew J. Held, Managing Member of NC
Apartments, LLC, who executed the above and foregoing for and on behalf of said limited
liability company.
seal.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
PAMELA J. PARK
Boone County
My Commission Expires
s.v-- August30,2014
My Commission Expires:
August 30, 2014
STATE OF INDIANA
) SS
COUNTY OF HAMILTON )
Notary Public - Si
Pamela J. Park
ature
Notary Public - Printed
My County of Residence Is:
Boone
Before me, the undersigned, a Notary Public in and for said County and State, this 9th day
of September, 2010, personally appeared J. Taggart Birge, Managing Member of NC
Apartments, LLC, who executed the above and foregoing for and on behalf of said limited
liability company.
seal.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
PAMELA J. PARK
Boone County
My Commission Expires
August 30, 2014
My Commission Expires:
August 30. 2014
Notary Public - ignature
Pamela J. Park
Notary Public - Printed
My County of Residence Is:
Boone
6411
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Reimbursement Agreement
6412
RESOLUTION NO. 2006 — 266
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY APPROVING
A TENTATIVE SUBDIVISION MAP FOR HARBOR VIEW CONDOMINIUMS
LOCATION: 404 EAST 8TH STREET, 419 EAST 9TH STREET,
AND 829 AND 831 D AVENUE
APPLICANT: HARBOR VIEW CONDOS LLC 1 GULF UNLIMITED CORPORATION
CASE FILE NO, S-2006-16
WHEREAS, application was made for approval of a Tentative Subdivision Map
for the Harbor View Condominiums located at 404 East 8th Street, 419 East 9th Street, and 829
and 831 D Avenue within the City of National City on property generally described as:
LOTS 1, 2, 3, 4 AND 5, IN BLOCK 1 OF T, PARSON'S ADDITION, BEING A
SUBDIVISION OF TEN ACRE LOT 16 IN QUARTER SECTION 154 RANCH DE
LA NACION, IN NATIONAL CITY, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 57, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 26,
1881.
WHEREAS, the Planning Commission considered said application at a public
hearing held on November 6, 2006, and by Resolution recommended conditional approval of
the application; and
WHEREAS, the City Council of the City of National City considered said
application at a public hearing held on December 19, 2006, at which time oral and documentary
evidence was presented; and
WHEREAS, at said public hearing the City Council considered the staff report
prepared for Case File No. S-200E-16, which is maintained by the City and incorporated herein
by reference, along with evidence and testimony at said hearing; and
WHEREAS, this action is taken pursuant to all applicable procedures required oy
State and City law; and
WHEREAS, the action recited herein is found to be essential for the preservation
of public health, safety, and general welfare,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that it hereby approves said Tentative Subdivision Map based on the following
findings:
1. The project is consistent with the Downtown Specific Plan for which an Environmental
Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and
Reporting Program were adopted.
2. The proposed map is consistent with the General Plan since it is consistent with and
implements the Downtown Specific Plan, which Is a further refinement of the goals and
objectives of the General Plan,
at.
r.
Resolution No. 2006 — 266
December 19, 2006
Page 2
6413
3, The site is physically suitable for the proposed type of development since the proposed
project and all required improvements can be provided on site, and the project would
comply with the applicable development standards or has been granted the appropriate
exemptions.
4. The site is physically suitable for the proposed density of development since the proposed
project and all required Improvements can be provided on site, and the project would
comply with the applicable development standards or has been granted the appropriate
exemptions.
5. The design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat, since the site Is was previously developed and is located in a completely
urbanized area.
6. The design of the subdivision and the proposed/required Improvements are not likely to
cause serious public health problems, since all necessary public services, facilities,
infrastructure, and utilities will be provided.
7. The design of the subdivision and the proposed/required improvements will not conflict with
easements, acquired by the public at large, for access through or use of the property within
the proposed subdivision, or such easements will be provided or relocated as required.
8. The discharge of sewerage waste from the subdivision into the City of National City sewer
system will not result in violation of existing requirements prescribed by the California
Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of
the Water Code, as specified by Government Code Section 66474.6.
9. The subdivision has been considered by the Planning Commission with regard to its effect
on the housing needs of the region, and these needs are balanced by the public service
needs of the residents and available fiscal and environmental resources.
10. The design of the subdivision provides, to the extent feasible, for future passive and natural
heating and cooling opportunities in the subdivision, based on consideration of local
climate, topography, property configuration and other design and improvement
requirements without requiring reduction in allowable density or lot coverage.
BE IT FURTHER RESOLVED that the City Council has considered that the
certified Environmental Impact Report for the Downtown Specific Plan serves as adequate
environmental documentation, together with any comments received during the public review
process, and finds on the basis of the whole record that that the project was adequately
considered by the Environmental Impact Report, which reflects the Clty's independent judgment
and analysis, and hereby authorizes the filing of a Notice of Determination.
BE IT FURTHER RESOLVED that based on the findings hereinbefore stated,
that the City Council approves said Tentative Subdivision Map subject to the following
conditions:
6414
Resolution No. 2006 -- 266
December 19, 2006
Page 3
1. Mitigation Measures, The Tentative Subdivision Map shall be subject to all applicable
mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the
certified Environmental Impact Report for the Downtown Specific Plan,
2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject
property for condominium purposes in conformance with Exhibit (S-2006-16), dated
October 19, 2006, except as modified by the conditions of approval.
•
3. Consisten y Review. The Tentative Subdivision Map shall be consistent with Downtown
Specific Plan Consistency Review (DSP-2005-5).
4. Landscape Plans. The applicant shall submit landscape and Irrigation plans for approval
and shall Install and construct all improvements pursuant to the approved plans prior to
occupancy.
5, Lighting Plans. The applicant shall submit lighting plans for approval and shall Install and
construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be
designed to provide adequate illumination for safety, security, identification, and direction as
well as for landmark visibility of the primary buildings and/or significant features of the
project.
6. Sign Program. The applicant shall submit a sign program for approval, and all signs shall
be designed and installed pursuant to the approved sign program.
7. Public Art Program. The applicant shall submit a public art program for approval and shall
install, construct, or implement the approved public art program prior to occupancy.
8. Green Design. The applicant shall incorporate green design, energy efficiency, waste
reduction, recycling, conservation, and sustainable design In the project to the maximum
extent feasible.
9. Public Improvements. The applicant shall submit Improvement plans for all adjacent public
rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan,
including the Open Space Framework, the Streetscape Master Plan, and the Design
Guidelines. The Improvements shall Include but not be limited to streets; alleys; curbs and
gutter; sidewalks; medians; parkways; landscape; street lights; street furniture; traffic
control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary
facilities and infrastructure. The applicant shall install and construct the improvements
pursuant to the approved plans prior to occupancy.
10. Engineering Requirements. The applicant shall comply with all engineering requirements,
Including the listed requirements.
a) A Hydrology study (100 year flood) is required for the new project. The study should
consider the proposed project area to the closest municipal storm drain collection
point. The study should consider the adequacy of the existing storm drain system to
convey any additional run off, All Hydrology study findings and recommendations
are part of Engineering Department requirements,
6415 •
Resolution No. 2006 — 266
December 19, 2006
Page 4
b) The Priority Project Applicability checklist for the Standard Urban Storm -water
Mitigation Plan (SUSMP) is required to be completed and submitted to the
Engineering Department. If it is determined that the project is subject to the
"Priority Project Permanent Storm Water BMP Requirements" and the City of
c) National City Storrn Water Best Management Practices of the Jurisdictional Urban
Runoff Management Program (JURMP), an approved SUSMP will be required prior
to issuance of an applicable engineering permit, The SUSMP shall be prepared by
a Registered Civil Engineer.
d) The Best Management Practices (BMPs) for the maintenance of the proposed
construction shall be undertaken in accordance with the National Pollutant
Discharge Elimination System (NPDES) regulations which may require a Storm
Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP
will be required prior to Issuing of a construction permit.
e) All surface run-off shall be collected by approved drainage facilities and directed to
the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be
protected from surface run-off resulting from this development,
f) A grading and drainage plan shall be submitted showing ail of the proposed and
existing on -site and off -site improvements. The plan shall be prepared in
accordance with the CIty's standard requirements by a Registered Civil Engineer.
All necessary measures for prevention of storm water pollution and hazardous
material run-off to the public storm drain system from the proposed parking lot or
development shall be implemented with the design of the grading, This shall include
the provision of such devices as storm drain Interceptors, clarifiers, or filters. Best
Management Practices for the maintenance of the parking lot, Including sampling,
monitoring, and cleaning of private catch basins and storm drains, shall be
undertaken in accordance with the National Pollution Discharge Elimination System
(NPDES) regulations. A private storm water treatment maintenance agreement
shall be signed and recorded. The checklists for preparation of the grading plan,
drainage plan, and Standard Urban Storm Water Mitigation Plan (SUSMP) are
available at the Engineering Department.
A National Pollutant Discharge Elimination System (NPDES) permit is required for
discharged of storm water runoff associated with construction activity where
clearing, grading, and excavation results in a land disturbance. A construction
stormwater permit shall be obtained from the Regional Water Quality Control Board.
A copy of the permit shall be given to the City of National City Engineering
Department prior to any work beginning on the project.
h) A sewer permit will be required. A sewer study shall consider the adequacy of the
existing sewer system. The sewer study recommendations shall be part of the
Engineering Department Requirements. The method of sewage collection and
disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the
City right-of-way shall be 8-inch in size with a dean out and the installation of a
g)
6416
Resolution No. 2006 — 266
December 19, 2006
Page 5
manhole in the street, A sewer stamp `S" shall be provided on the curb to mark the
location of the lateral. A sewer main runs through the alley that shall be addressed
or relocated If building is to be constructed in this location.
i) A soils engineering report shall be submitted for the Engineering Department's
review, after Planning Commission approval. The report shall address the
adequacy of the building pads, the criteria for any new retaining wall design, the
maximum allowable soil bearing pressure. As a minimum, the parking lot pavement
sections shall be 2 Inoh A.C. over 4 Inch Class II aggregate base. The street
pavement sections shall be In accordance with National City modified Standard
Drawing G-34. All soils report findings and recommendations shall be part of the
Engineering Department requirements.
j) The deteriorated portions of existing street improvements (including sidewalks and
curbs) along the property frontages shall be removed and replaced.
k) A permit shall be obtained from the Engineering Department for all improvement
work within the public right-of-way, and any grading construction on private
property.
I) Street improvements shall be in accordance with City Standards. Abandoned
driveway aprons shall be replaced with curbs, gutters, and sidewalks,
m) A title report shall be submitted to the Engineering Department, after the Planning
Commission approval, for review of all existing easements and the ownership of the
property.
n) A cost estimate for all of the proposed grading, drainage, street improvements,
landscaping and retaining wall work shall be submitted with the plans. A
performance bond equal to the approved cost estimate shall be posted. Three
percent (3%) of the estimated cost shall also be deposited with the City as an initial
cost for plan checking and inspection services at the time the plans are submitted.
The deposit is subject to adjustment according to actual worked hours and
consultant services.
o) The Final Map shall meet all of the requirements of the Subdivision Map Act, and
the City of National City Municipal Codes including certification, acknowledgement,
complete boundary information and monumentation.
p) The subdivider shall submit an approval letter from Sweetwater Authority stating fire
flow requirements have been met. if additional improvements are needed, the
developer shall enter Into an agreement for the water Improvements with the
Authority prior to obtaining the Final Map approval.
The developer shall bond for the monumentation, the public improvements and the
on -site grading, drainage, landscaping, and other improvements through an
agreement with the City prior to the approval of the Final Map.
q)
6417
Resolution No. 2006 — 266
December 19, 2006
Page 6
r) Ali utility distribution facilities within the boundaries of the subdivision, and within the
half street abutting the new subdivision, shall be placed underground.
s) The Final Map shall be recorded prior to issuance of any building permit.
t) All new property line survey monuments shall be set on private property, unless
otherwise approved.
u) The Final Map shall use the California Coordinate System for its "Basis of Bearings"
and express all measured and calculated bearings in terms of the system. The
angle of grid divergence from a true meridian and the north point shall appear on
the map. Two measured ties from the boundary of the property to existing horizontal
control stations shall be shown.
11. Public Works Requirements. The applicant shall comply with all public works requirements.
a) The developer shall replace the existing sidewalks adjacent to the project.
b) Sewer facilities — The developer shall prepare a capacity study and upgrade the
sewer line as necessary.
c) The developer shall replace the existing street trees with a tree palette
commensurate with the building's architecture and adjacent landscaping theme.
d) The developer shall install streetlights along the project's frontages.
12. Fire Department Requirements. The applicant shall comply with all Fire Department
requirements.
a) Automatic fire sprinkler system will be required.
b) Wet standpipes will be required
c) Automatic and manual fire alarm system with communications system will be
required.
d) Estimated minimum fire flow will be 3,000 gpm measured at 20 psi residual with a
flow duration of 4 hours.
e) Underground parking area must have ready emergency access on both sides of
parking area.
13. Building Department Requirements. The applicant shall comply with all Building
Department requirements, and plans shall comply with the 2001 editions of the California
Building Code, the California Mechanical Code, the California Plumbing Code, the
California Electrical Code, and California Title 24 energy and handicapped regulations,
6418
Resolution No. 2006 — 266
December 19, 2006
Page 7
14. Police Department Requirements. The applicant shall comply with all Police Department
requirements.
a) The project shall comply with the crime free multi -housing criteria and crime
prevention through environmental design standards.
b) The project shall Incorporate a camera system for security monitoring purposes of
the common, open public spaces and retail areas of this project. Such camera
system should be compatible to operationally integrate with the current Police
Department security camera project scheduled for various areas throughout the
City.
16. National City Transit Requirements. The applicant shall comply with all National City
Transit requirements.
a) Evaluate existing bus stops for installation of shelters, benches, trash containers,
lighting, and CCTV security cameras with direct feed to NCPD if warranted. Cost
for these upgrades shall be borne by the developer.
b) NCT should be directly Involved during the preliminary and ongoing evaluation of
any/all proposed shuttle services within National City. An evaluation should also be
undertaken to see if it would be more cost effective for NCT to directly operate this
proposed new service in conjunction with our existing fixed route service. One
benefit of this concept would be the leveraging component of Transit Capital funds
for equipment purchases (including vehicles) and possible availability of FTA and
Department of Homeland Security funding and grants as well.
c) Submit plans to MTS Planner Mike Daney (mike.daney@sdmts.com) for review and
comments.
16. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of
covenants, conditions, and restrictions for approval prior to approval of a final subdivision
map. The CC&Rs shall run with the land, clearly setting forth privileges and
responsibilities, Including maintenance, Involved in the common ownership of buildings,
streets, parking areas, walks, open spaces, recreation areas, utilities, and common areas
and facilities. The CC&Rs shall allow the City of National City the authority but not the
obligation to assume the maintenance of the property and assess the full cost, including
overhead costs, as a lien against the property if said property Is not adequately maintained
pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided
by the maintenance provisions will be sufficient to cover all contemplated costs. The
CC&Rs shall be approved as to form and content by the City Attorney of the City of
National City.
17, Property Owners Association. A corporation, association, property owners' group, or
similar entity shall be formed with the right to assess properties that are jointly owned with
interests In the common areas and facilities In the entire development to meet the
expenses of such entity, and with authority to control, and the duty to maintain, all such
common areas and facilities. Such entity shall operate under recorded CC&Rs approved
6419
Resolution No. 2006 — 266
December 19, 2006
Page 8
by the City of National City, which shall include compulsory membership of all property
owners and flexibility of assessments to meet changing costs of maintenance, repairs, and
services.
18. Business Improvement District, Pursuant to the Implementation Program of the Downtown
Specific Plan, the subject property shall be incorporated into the Morgan Square Business
Improvement District and assessed as provided for in the district for purposes for which the
district was formed.
19, Landscape Maintenance District, Pursuant to the implementation Program of the
Downtown Specific Plan, all properties within the boundaries of the Downtown Specific
Plan shall be incorporated into a landscape maintenance district and assessed as provided
for in the district for purposes for which the district was formed.
20. Parkinci District. Pursuant to the Implementation Program of the Downtown Specific Plan,
all properties within the boundaries of the Downtown Specific Plan shall be Incorporated
into a parking district and assessed as provided for in the district for purposes for which the
district was formed.
21, Acceptance of Conditions. The applicant and property owner shall sign and have notarized
an Acceptance Form acknowledging and accepting ail conditions of approval of this permit.
Failure to return the signed and notarized Acceptance Form within 30 days of approval of
this permit shall automatically terminate this permit. The applicant shall record a Notice of
Restriction on Real Property with the San Diego County Recorder. The Notice of
Restriction shall provide that the conditions of approval of this permit are binding on ail
present and future interest or estate holders of the property. The Notice of Restriction shall
be approved as to form by the City Attorney of the City of National City and signed by the
City Manager of the City of National City prior to recordation.
22. Expiration. The approved Tentative Subdivision Map shall expire two years after the
effective date of approval unless prior to that date a request for a time extension riot
exceeding three years has been filed as provided by Municipal Code Section 17,04.070.
BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted
forthwith to the applicant.
BE IT FURTHER RESOLVED that this Resolution shall become effective and
final on the day following the City Council meeting where the resolution is adopted. The time
within which Judicial review of this decision may be sought is governed by the provisions of
Code of Civil Procedure Section 1094.6.
*** Signature Page to Follow ***
rtCIC'N:lu:•inl�S.lJLrl) Y,Ydi•.in
Resolution No, 2006 - 266
December 19, 2006
Page 9
PASSED and ADOPTED this 19th day of December 2006.
ATTEST:
Mi• eel R. Della City Clerk
APPROVED AS TO FORM:
George H. Eiser, I{I
City Attorney
I).tru:: uiu!5Y3:rr.r i.rNtrrurfi�.r
sago
on Mom r s n,Mayor
u.i...u.I11WW,1.1.1 xr¢enceuu.
6421
Passed and adopted by the Council of the City of National City, California, on
December 19, 2006, by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
Id
City Ci
By
Deputy
k of the City of atlona I City, California
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2006-266 of the City of National City, California, passed and
adopted by the Council of said City on December 19, 2006.
By:
City Clerk of the City of National City, California
Deputy
EXHIBIT B
UTILITY UNDERGROUNDING
6422
Utilities to be placed underground shall include all power poles or poles used to
support overhead telecommunication lines, service, trunk and distribution lines
for power lines and telecommunication lines, all transformers mounted on poles
and other pole mounted equipment for utility purposes.
Service laterals shall include service lines to the subject property and those
service lines servicing properties along the all sides of the right-of-way.
6423
W
J
J
EXHIBIT C
RESOLUTION NO. 2010 — 200
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSEMENT
AGREEMENT WITH N.C. APARTMENTS, LLC, HARBOR VIEW
ACQUISITION, LLC, AND VILLAGE CAPITAL CORPORATION FOR
THE UTILITY UNDERGROUNDING, AS REQUIRED BY RESOLUTION
NO. 2006-266, FOR THE HARBOR VIEW CONDOMINIUM PROJECT
LOCATED AT 819 D AVENUE
WHEREAS, as a condition of approval to construct the Harbor View
Condominium Project (Project) located at 819 D Avenue, all utility distribution facilities within the
boundaries of the subdivision, and within the half street abutting the new subdivision, are
required to be placed underground, pursuant to Resolution No. 2006-266; and
WHEREAS, the developers of the Project (N.C. Apartments, LLC; Harbor View
Acquisition, LLC; and Village Capital Corporation) have requested that the sections to be placed
underground in this Project be included as part of the City's 8th Street 20A Utility Conversion
Project, and in return, the Developers agree to enter into a Reimbursement Agreement to
compensate the City for all costs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute a Reimbursement Agreement with N.C.
Apartments, LLC, Harbor View Acquisition, LLC, and Village Capital Corporation for the utility
undergrounding, as required by Resolution No. 2006-266, for the Harbor View Condominium
Project located at 819 D Avenue. Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 7th day of September, 2010.21
on Morrison, Mayor
ATTEST:
Michael R. Dal a, City Clerk
P.OVED AS ; 0 FORM:
audia . Si
City Attorne
Passed and adopted by the Council of the City of National City, California, on
September 7, 2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City lerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-200 of the City of National City, California, passed and
adopted by the Council of said City on September 7, 2010.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 7, 2010 AGENDA ITEM NO. 9
ITEM TITLE:
Resolution of the City Council of the City of National City to approve a Reimbursement Agreement with N.C.
Apartments, L.L.C., Harbor View Acquisition, L.L.C. and Village Capital Corporation, for the utility under -
grounding required by Resolution 2006-266, for the Harbor View Condo Project located at 819 D Avenue.
PREPARED BY: Barby Tipton
PHONE: 4583
EXPLANATION:
As a condition of approval to construct the Harbor View Condo Project, all utility distribution facilities within the
boundaries of the subdivision, and within the half street abutting the new subdivision, were required to be placed
underground per in Resolution Number 2006-266.
DEPARTMENT: Development Services -Engine ring
o
APPROVED BY:
Div (�f rl of
The developer requested that as part of the City's 8`h Street 20A utility conversion project, that the City, include
the section(s) to be placed under ground in this project.
The developer agrees to compensate the City for all costs and as such has entered into a Reimbursement
Agreement for which we are seeking council approval.
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Reimbursement Agreement
2. Memorandum from City Attorney's Office
3. Resolution
Rr s0\-1 V 0- aoVo - aoc0
INCORPOSATED
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Dalla, CMC - City Clerk
619-336-4228 phone • 619-336-4229 fax
N.C. APARTMENTS, LLC, HARBOR VIEW ACQUISITION, LLC
AND VILLAGE CAPITAL CORPORATION
RESOLUTION NO. 2010-200
Adopted 09-07-10
Resolution of the City Council of the City of National City
Authorizing the Mayor to Execute a Reimbursement
Agreement with N.C. Apartments, LLC, Harbor View
Acquisition, LLC, and Village Capital Corporation for
the Utility Undergrounding, as Required by Resolution
No. 2006-266, for the Harbor View Condominium
Project Located at 819 D Avenue
Received 1 Fully Executed Original Reimbursement Agreement
Print Name
1-I 1(1)Jl
Date