Agreement for Reimbursement of Costs of Permanent Public Improvements 2015-06351021 '
RECORDING REQUEST BY
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 321 - 230 -65
DOC# 2015 - 0635102
II I III II I illi I II II I I II I I I I III I I II
Dec 11, 2015 11:30 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr ,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
(This space for Recorder's Use)
PAGES: 13
AGREEMENT FOR REIMBURSEMENT
OF COSTS OF PERMANENT PUBLIC IMPROVEMENTS
( POWAY MUNICIPAL CODE CHAPTER 13.24)
NO DOCUMENT TRANSFER TAX DUE _
This Agreement is entered into this 9;-11 day of 1t1b y%M841Z 20 1 S
by and between Cal and Akiko Howell, hereinafter referred to as "Owner ", and the City of Poway, a
Municipal Corporation, herein referred to as "City," for the reimbursement of costs expended by
Owner for the installation of permanent public improvements. The parties hereto agree as follows:
Section I. Authority
The City is authorized by its general police powers, and by statutory and case law to require Owner
to install those certain permanent improvements hereinafter described as a condition of approval of
Minor Development Review Application (MDRA) 12 -044, which improvements benefit those
properties hereinafter described as "benefiting properties" not participating in the cost thereof. The
City is authorized to provide a method for partial reimbursement for the costs of such
improvements from such non - participating property owners in accordance with Chapter 13.24 of
the Poway Municipal Code. Upon full execution and recordation hereof, this Agreement shall
provide the sole method of reimbursement through the City to Owner for a portion of the cost of
said improvements. The City shall have no payment or reimbursement obligation to Owner for the
cost of said improvements, except as specifically provided herein.
Section II. Definition of Terms
The terms used in this Agreement, not otherwise defined herein, shall be defined as set
forth in Section 13.24.020 of the Poway Municipal Code.
Section III. Description of Properties Affected
The real properties affected by this Agreement shall be the Owner's property legally
described in Exhibit 1 attached hereto and the benefiting properties described in Exhibit 2 attached
hereto. The obligation of the owner of each benefiting property shall become a lien upon such
property for the term hereof, payable only as a condition of approval of any development of the
benefiting property, provided that the imposition of such condition shall be reasonably related to
such development. Such obligation shall be a lien upon and run with the land and shall be binding
upon the subsequent owners of the benefiting property during the term hereof.
Section IV. Description of Improvements
The precise locations of all improvements subject to reimbursement and the complete
dimensions (including frontage) of all benefiting properties are set forth in Exhibit 3 attached
hereto. The detailed project cost for design and construction of the improvements subject to
reimbursement is set forth in Exhibit 4 attached hereto.
Section V. Reimbursement Schedule
The Reimbursement Schedule in the form
§13.24.040.C, as approved by the City Council of th e
attached hereto as Exhibit 5. All references in this
reimbursement schedule shall mean reimbursement
Agreement and Exhibit 5.
Section VI. Term
required by Poway Municipal Code
City of Poway after public hearing, is
Agreement to reimbursement or to a
in accordance with the terms of this
The term of this Agreement and all obligations and liens created hereby shall be fifteen (15)
years from the date of this Agreement as set forth on the first page hereof. Upon expiration of said
term, Owner shall be entitled to no further reimbursement pursuant to the terms hereof, owners of
benefiting properties shall be under no obligation to Owner pursuant hereto, and any lien created
hereby shall automatically and without any further administrative or judicial process whatsoever, be
null and void and of no further force or effect.
Section VII. Agreement of Payment for Reimbursement
After public hearing as provided in Poway Municipal Code 13.24, and upon
execution hereof by City, City agrees during the term hereof to collect from the owners of the
benefiting properties, those owners shall pay to the City, and the City shall reimburse to Owner
those benefit charges set forth in the Reimbursement Schedule, plus interest of five percent (5 %)
per year compounded annually from the date of this Agreement, less the administrative charge
provided in Chapter 13.24; provided, however, the City shall neither collect nor reimburse any sum
which is not reasonably related to the development of a benefiting property. The method and
obligation to reimburse Owner shall be subject to the terms of Chapter 13.24 of the Poway
Municipal Code, as the same may, from time to time, be amended. Any amendment or repeal of
Chapter 13.24 decreasing the entitlement of Owner herein shall be binding upon Owner herein
immediately upon the effective date of such amendment or repeal. Owner agrees that this
Agreement shall be automatically amended by such repeal or amendment of Chapter 13.24,
effective the effective date of such repeal or amendment. No amendment of Chapter 13.24
purporting to increase the liability of a benefiting owner shall be binding upon a benefiting owner
herein or upon the City hereunder. In the event of a conflict between the terms hereof and the
requirements of Chapter 13.24, the requirements of Chapter 13.24 shall control.
Benefit charges shall be paid, collected, and reimbursed in accordance with the terms of
Section 13.24.070 of the Poway Municipal Code in effect at the time of such payment, subject
to the terms of this Section VII.
Section VIII. Trust Agreement
Promptly upon collection of all or any part of a benefit charge, the City shall deposit such
funds in a local financial institution in a separate account in the name of the City in trust for Owner
and City. Payments from such account by City to Owner and to City in accordance with the terms
of Chapter 13.24 shall be made at such times as are convenient to the City, but in no event less
E
often than annually if the City has received payment of any benefit charges. Payments to Owner
shall include interest at the rate of five percent (5 %) per annum from the date of deposit on the
principal portion of such deposit to which owner is entitled to payment. City shall be entitled to
payment of its administrative charges of five percent (5 %) of all amounts deposited plus all interest
income on the full amounts deposited except the 5% interest payable to owner. The right of
Owner to payments from said trust account shall be personal and shall not run with the property
of Owner, be assignable by Owner, or survive the death or dissolution of Owner. In the event of
death or dissolution of Owner, all monies on deposit in said trust account shall be automatically,
immediately, and without notice of administrative or judicial process payable to City.
Section IX. Hold Harmless by Owner
Owner hereby agrees to indemnify and hold harmless the City, its agents, officers, and
employees from any and all claims, actions, proceedings, damages, judgments or costs, including
attorney's fees, against the City or its agents, officers, or employees, relating to this Agreement
or the performance of this Agreement, including but not limited to any action challenging the
validity of this Agreement, or any other liability related to this Agreement, based upon any legal
theory whatsoever. The City will promptly notify Owner of any claim, action or proceeding. The
City may elect to conduct its own defense, participate in its own defense, or obtain independent
legal counsel in defense of any claim related to this indemnification. In the event of such election,
Owner shall pay all of the costs related thereto, including without limitation reasonable attorney's
fees and costs. In the event of a disagreement between the City and Owner regarding litigation
issues, the City shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the matter. However,
Owner shall not be required to pay or perform any settlement unless such settlement is approved
by Owner.
Owner specifically agrees that it is within the sole discretion of the City to determine
that payment of the entire benefit charge would not be reasonably related to the nature and extent
of development of a benefiting property. If, in the event of such a determination by City, City
collects less than the full benefit charge at the time of development, City retains the right to
collect the balance of the benefit charge upon further development, and Owner waives and
releases City from any claim it may otherwise have to require City to collect the full amount of such
benefit charge at the time of the first down payment.
Section X. Recordation
This Agreement shall be recorded by the City after full execution hereof and promptly
following acceptance of the subject improvements by the City. If for any reason this Agreement
is not recorded, Owner holds City harmless from any loss or damage arising therefrom.
Section XI. Voidability
In the event that Owner fails or refuses to complete the subject improvements in timely
manner to the satisfaction of the City in its sole discretion, this Agreement shall be unilaterally
voidable by adoption of a resolution of the City Council declaring this Agreement null and void for
failure of performance by Owner.
Section XII. Governing Law and Venue
This Agreement shall be governed by the laws of the State of California. Jurisdiction and
venue for any litigation arising herefrom shall be the County of San Diego, State of California.
Owner hereby waives any right to remove any action from San Diego County as is otherwise
permitted by California Code of Civil Procedure Section 394.
3
Section XIII. Severability
If any section, sub - section, sentence, clause, or phrase of this Agreement is for any reason
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions. The parties agree that they would have entered into this Agreement and each section,
sub - section, clause, and phrase thereof irrespective of the fact that anyone or more sections,
sub - sections, sentences, clauses or phrases be declared invalid or unconstitutional, and would
have approved the same even though any parts, sections, sub - sections, sentences, clauses, or
phrases that may be held invalid had been omitted therefrom.
Executed at Poway, California, on the date first stated above
Owner: Cal and Akiko Howell
Cal Howell Date
Akiko Howell Date
CITY OF POWAY, a Municipal Corporation
By: ��-
Steve Vaus, Mayor
Approved as to Form
Office of the City Attorney
f
Morga . F ley, City A orney
M: \engsery \000 doc templates \Reimbursement Agreement of Public Improvements 6.09.docx
4
California All- Purpose Acknowledgment CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On ac)aaamLgr � a01-� before me, Carol S. Legg, Notary Public, personally
appeared Steve Vaus, who proved to me on the basis of satisfactory evidence to be the
personks} whose name{s} is /aye subscribed to the within instrument and acknowledged to me
that he /-,4e/ executed the same in his /4ef/t4e4 authorized capacity(+&&), and that by
his /4ef /t4eif signaturek4 on the instrument the personk4, or the entity upon behalf of which
the person{- acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
CAROL S. LEGG
aMyComm.E 9Commission #r 2105416 Notary - California = San Dieg Oiepo County res 26, 2019
Carol S. Legg, Notary Pub
OPTIONAL
Title or type of document: Agreement for reimbursement of costs of permanent public
improvements, APN 321 - 230 -65.
Document Date: November 9, 2015
Number of Pages: four (4) plus exhibits
Signers Other Than Named Above: Cal and Akiko Howell
CALIFORNIA • • •D
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
Coun of ).J
On kdlfo � -(ZO %J before me,
Date He"re�, Insert �Nlame and Ti a of the Officer
personally appeared ��L l�E�! —� A44 tc l kp �'Dl
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) )!�/are
subscribed to the within instrument and acknowledged to me that Wr)<e /they executed the same in
W11), /their authorized capacity(ies), and that by fft/ft /their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
__
{
PHYLLIS SHINN
Commission # 1956215
i p
Notary Public - California z
San Diego County n
My Comm. Expires Nov 9, 2015
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature e-o"e. Y:i� - —
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
• fraudulent reattachment of this form to an unintended document.
Description of Attached Do�cy�ment
Title or Type of Document: Gf.26t PJr /1 P64� pocument
Number of Pages: I I Signer(s) Other Than Named Above: —
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Date:,��v��ZY �� ✓r
0_
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
Other:
Signer Is Representing:
02014 National Notary Association • www.Nationa[Notary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
EXHIBIT 1
LEGAL DESCRIPTION OF OWNER PROPERTY
Tax Assessor's Parcel Number: 321 - 230 -65
Owner: Cal Howell and Akiko Howell
Legal Description: The East 100 feet of the West 400 feet of the North 220 feet of the
South 660 feet of the Southeast Quarter of the Southeast Quarter of Section 6,
Township 14 South, Range 1 West, San Bernardino Base and Meridian, according to the
United States Government Survey thereof.
Page 1 of 1
■ : �
LEGAL DESCRIPTION OF BENEFITTING PROPERTIES
Tax Assessor's Parcel Number: 321 - 230 -27
Owner: Charles E. and Beverly G. Jennings
Legal Description: A portion of Section 6, Township 14 South, Range 1 West, San
Bernardino Base and Meridian, according to the United States Government Survey
thereof.
Tax Assessor's Parcel Number: 321 - 230 -28
Owner: Carrie T. Fay
Legal Description: A portion of Section 6, Township 14 South, Range 1 West, San
Bernardino Base and Meridian, according to the United States Government Survey
thereof.
Tax Assessor's Parcel Number: 321 - 230 -29
Owner: Carrie T. Fay
Legal Description: A portion of Section 6, Township 14 South, Range 1 West, San
Bernardino Base and Meridian, according to the United States Government Survey
thereof.
Tax Assessor's Parcel Number: 321 - 230 -30
Owner: Grace M. Harris Trust
Legal Description: A portion of Section 6, Township 14 South, Range 1 West, San
Bernardino Base and Meridian, according to the United States Government Survey
thereof.
Page 1 of 3
Tax Assessor's Parcel Number: 321 - 230 -47
Owner: Marcos and Laura Villalobos
Legal Description: A portion of the Southeast Quarter of Section 6, Township 14 South,
Range 1 West, San Bernardino Base and Meridian, according to the United States
Government Survey thereof.
Tax Assessor's Parcel Number: 321 - 230 -64
Owner: Scott M. Carhart
Legal Description: A portion of the Southeast Quarter of Section 6, Township 14 South,
Range 1 West, San Bernardino Base and Meridian, according to the United States
Government Survey thereof.
Tax Assessor's Parcel Number: 321 - 230 -66
Owner: Larson Trust
Legal Description: A portion of the Southeast Quarter of Section 6, Township 14 South,
Range 1 West, San Bernardino Base and Meridian, according to the United States
Government Survey thereof.
Tax Assessor's Parcel Number: 321 - 230 -67
Owner: Larson Trust
Legal Description: A portion of the Southeast Quarter of Section 6, Township 14 South,
Range 1 West, San Bernardino Base and Meridian, according to the United States
Government Survey thereof.
Tax Assessor's Parcel Number: 321 - 230 -73
Owner: William V. and Kathy R. Cummins
Legal Description: A portion of Section 6, Township 14 South, Range 1 West, San
Bernardino Base and Meridian, according to the United States Government Survey
thereof.
Page 2 of 3
Tax Assessor's Parcel Number: 321 - 230 -82
Owner: Lee Family Bypass Trust
Legal Description: Parcel 1 of Parcel Map No. 1656, in the City of Poway, County of
San Diego, State of California, according to map thereof filed in the Office of the County
Recorder of San Diego County on June 20, 1973, as File No. 73- 169603 of Official
Records.
Tax Assessor's Parcel Number: 321 - 230 -83
Owner: Janet G Lee Living Trust
Legal Description: Parcel 2 of Parcel Map No. 1656, in the City of Poway, County of
San Diego, State of California, according to map thereof filed in the Office of the County
Recorder of San Diego County on June 20, 1973, as File No. 73- 169603 of Official
Records.
Page 3 of 3
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111
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EXHIBIT 4
PEBBLE CANYON DRIVE WATER MAIN
DESIGN AND CONSTRUCTION COST SUMMARY
lCompany or Agency
Service Provided
I
Total Cost
West Coast Underground, Inc.
8 -Inch PVC Water Main (318 LF)
$
18,444
End Cap Assembly
$
315
Concrete Thrust Blocks (2)
$
500
8 -Inch Gate Valves (3)
$
4,230
"
6 -Inch Fire Hydrant
$
3,500
1 -Inch Water Service
$
1,700
Connection to Existing Water Main
$
650
Trench Restoration (122 LF)
$
2,928
"
10% Contingency
$
3,233
United Site Services
Portable Sanitary Facility
$
286
East County Soils Engineering
Compaction Reports
$
1,325
JRN Land Surveying
Surveying
$
1,270
Kane Engineering
Civil Engineering Design
$
5,030
City of Poway
Plan Check and Permit Fees
$
3,256
Total Amount
$
46,667
Q�aFESS/
k9,y�F`
z
0 No. 44016 M
Exp. 6/30/17
�TF
OF CALF
1 1/3/15
Paul R. Kane, PE
Date
RCE No. 44016
Expiration Date: 6/30/17
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