Item 4.1 - Acceptance of Reimbursement Agmt & Public Improvements in Conjunction with Castiglione Residence; WI17-003City of Poway
COUNCIL AGENDA REPORT
Ory IN THE COJ
DATE: March 19, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Robert Manis, Director of Development Services
CONTACT: Tracy Beach, Senior Civil EngineerT,l3
(858) 668-4652/tbeach@poway.org
APPROVED
N
APPROVED AS AMENDED
❑
(SEE MINUTES)
DENIED
❑
REMOVED
❑
CONTINUED
RESOLUTION NO. '6�T
SUBJECT: Acceptance of a Reimbursement Agreement for Certain Public
Improvements and Acceptance of Public Improvements in
Conjunction with the Castiglione Residence, WI17-003
Summary:
Vincenzo and Elizabeth Castiglione (Applicant) have requested that the City accept the public
improvements associated with the development of their residence on Oak Canyon Road pursuant
to Water Improvement Plan WI17-003. Water Improvement Plan WI17-003 includes the
installation of a public water main and fire hydrant with associated appurtenances on Kingman
Road. The improvements are complete and ready for acceptance.
The applicant is also requesting approval of a Reimbursement Agreement (Agreement) to recover
a portion of the cost of the public Improvements.
Recommended Action:
It is recommended that the City Council:
1. Adopt the Resolution approving the Reimbursement Agreement (Attachment A);
2. Authorize the Mayor to execute the Reimbursement Agreement; and
3. Direct the City Clerk to record the Agreement in the office of the San Diego County
Recorder.
4. Accept the improvements shown on drawing WI17-003 as complete;
5. Release the Performance Bond in the amount of $25,762.00;
6. Release the Payment Bond, in the amount of $12,881.00;
7. Retain the Warranty Bond in the amount of $2,576.20 for a period of one (1) year.
Discussion:
The applicant was required to extend a public water main and install a fire hydrant to serve their
proposed home on Oak Canyon Road and provide adequate fire protection. The location of the
property is shown on Attachment B.
The applicant has requested the City process a Reimbursement Agreement (Attachment C) in
order to recover a portion of the cost of construction of the public water main extension from future
developments that connect to the water main.
Section 13.24.010 of the Poway Municipal Code (PMC) states that where property owner(s)
desire to construct permanent public improvements that benefit other properties not participating
in the cost of the improvements, the owner(s) may be eligible to enter into a reimbursement
1 of 29 March 19, 2019, Item # y.l,
Acceptance of Public Improvements
Project WI 17-003
March 19, 2019
Page 2
agreement as provided in Chapter 13.24 PMC. The approved agreement shall provide that the
City of Poway shall agree, for a period of 15 years from the date of the agreement to reimburse
to the applicant the benefit charges set forth in the reimbursement schedule, as part of the
agreement. The applicant has identified seven additional properties potentially served by this
water improvement, none of which contributed to the construction costs.
The applicant and staff have determined that the attached Reimbursement Agreement reflects
the reasonable reimbursement district boundary, reimbursable cost, and benefit charges on the
benefitting properties.
The construction has been completed in accordance to the Standard Agreement for Construction
of Public Improvements (Attachment D) and accepted by the Engineering Inspection Division.
Staff finds the project to be complete in accordance with the project plans and specifications.
Environmental Review:
The matter of acceptance of public improvements that have been completed, which were the
subject of a prior environmental determination, is not subject to the California Environmental
Quality Act.
Fiscal Impact:
No fiscal impact with this action. Per the terms of the Agreement for Reimbursement, the City will
collect five percent (5%) of the total reimbursement to cover administrative costs.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chie/lain and mailed to the affected
property owners.
Attachments:
A. Resolution Approving the Reimbursement Agreement
B. Vicinity Map
C. Reimbursement Agreement
D. Standard Agreement
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Tina M. White
City Manager
2 of 29 March 19, 2019, Item # 4.1
RESOLUTION NO. 19-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING A REIMBURSEMENT AGREEMENT
FOR CERTAIN PUBLIC IMPROVEMENTS IN CONJUNCTION WITH
THE WATER IMPROVEMENT PROJECT WI 17-003
WHEREAS, Vincenzo and Elizabeth Castiglione have requested that the City process a
Reimbursement Agreement (Agreement) to recover the cost of certain public improvements,
consisting of a waterline extension and a fire hydrant associated with project WI17-003;
WHEREAS, said Public Improvements were required by the City to be constructed as a
condition of the Castiglione's single-family home for fire protection purposes;
WHEREAS, said Public Improvements were designed to accommodate more than the needs
of a single residence;
WHEREAS, it is just and fair that the cost of said Public Improvements shall be borne by all
who benefit from it; and
WHEREAS, the sharing of the Public Improvements through a reimbursement agreement
would be in the best interests of the City of Poway in that it would eliminate the need for duplicative
water facilities, which would reduce excessive costs and expenses to maintain and repair;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
1. That the foregoing recitals are true and correct and are the findings of the City
Council.
2. That the City Council hereby approves the Reimbursement Agreement for Certain
Public Improvements in Conjunction with the Water Improvement project Will 7-003.
3. That the City Council hereby authorizes the Mayor to execute the Reimbursement
Agreement substantially in the form presented at this meeting with such changes as
the Mayor shall approve.
4. That the City Council directs the City Clerk to record the Reimbursement Agreement
in the office of the San Diego County Recorder.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a
regular meeting this 19th day of March 2019.
Steve Vaus, Mayor
ATTEST:
Faviola Medina, CMC, City Clerk
3 of 29 ATTACHMENT A March 19, 2019, Item #4,k
Resolution No. 19 -
Page 2
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Faviola Medina, City Clerk of the City of Poway, California, do hereby certify under penalty
of perjury that the foregoing Resolution No. 19- was duly adopted by the City Council at a
meeting of said City Council held on the 19th day of March 2019, and that it was so adopted by the
following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Faviola Medina, City Clerk
City of Poway
4 of 29 March 19, 2019, Item # y.,
6 of 29 ATTACHMENT B March 19, 2019, Item #` .\
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074-0789
APN: 278-300-53
(This space for Recorders Use)
AGREEMENT FOR REIMBURSEMENT
OF COSTS OF PERMANENT PUBLIC IMPROVEMENTS
(POWAY MUNICIPAL CODE CHAPTER 13.24)
This Agreement is entered into this day of , 20
by and between the Castiglione Trust, dated May 29, 2007, 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) 16-029, 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 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 property Owner legally described
in Exhibit 1 attached hereto and the benefiting properties described in Exhibit 2. 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.
6 of 29 ATTACHMENT C March 19, 2019, Item #�.j
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 required by Poway Municipal Code §13.24.040.C,
as approved by the City Council of the City of Poway after public hearing, is attached hereto as
Exhibit 5. All references in this Agreement to reimbursement or to a reimbursement schedule shall
mean reimbursement in accordance with the terms of this Agreement and Exhibit 5.
Section VI. Term
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 Pavment 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, 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
7 of 29 March 19, 2019, Item # L A
2
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.
Comer 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.
8 of 29
3
March 19, 2019, Item #.t\.\
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:
CASTIGLIONE TRUST, dated May 29, 2007
k L' � , &::::: , �C
Vincenzo Castigli e, Trustee Elizabeth Obstiglionb, Trustee
CITY OF POWAY, a Municipal Corporation
0
Approved as to Form
Office of the City Attorney
Alan Fenstermacher, City Attorney
Steve Vaus, Mayor
M:lengservl000 doc templates%Reimbumemenl Agreement of Public Improvements 6.09.docc
9 of 29 March 19, 2019, Item #LkA
4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 11
A notary public or other officer completing this certificate vedfies 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
before me, Yvonne Mannion Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Vincenzo Castiglione and Elizabeth Castiglione
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the perso whose name( is/ecD
subscribed to the within instrument and acknowledged to me that he/she/txecuted the same in
his/herAi®authorized capacity lemma), and that by his/her/thi'signature(spbn the instrument the person(R),
or the entity upon behalf of which the person44 acted, executed the instrument.
-------------
WONNE MANNION
NotaryPublIc-California
San Diego
22
Cammkslm a 2201766
My COn Weslun1$2021
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signatu LIPpA A e A j v n ° ")
Signature of Notary Public
LA
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 Document
Title or Type of Document: Agreement for reimbursement of costs of permanent public imporvements.
Document Date: March 4, 2019 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attomey in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
SignerIs Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attomey in Fact
❑ Trustee ❑ Guardian or Conservator
n Other*
Signer Is Representing:
10 of 29 March 19, 2019, Item #y.\
EXHIBIT 1
LEGAL DESCRIPTION OF OWNER PROPERTY
Tax Assessor's Parcel No.: 278-300-53-00
Owner: Vicenzo Castiglione and Elizabeth Castiglione, Trustees of the Castiglione Trust
dated May 29, 2007
Legal Description: Parcel 1 in the City of Poway, County of San Diego, State of California, as shown
as Parcel Map No. 4783, filed in the Office of the County Recorder of San Diego
County, June 4, 1976.
11 of 29 March 19, 2019, Item #y.k
EXHIBIT 2
LEGAL DESCRIPTION OF BENEFITTING PROPERTIES
Tax Assessor's Parcel Number: 278-290-12-00
Property Address: Vacant
Owner: Nguyen Nhan Thi My Separate Property
Trust 01-18-05
Owner Address: 1325 Pacific Highway #2306, San Diego, CA 92101
Legal Description: A portion of the Southwest Quarter of the Northeast
Quarter of Section 32, Township 13 South, Range 1
West, San Bernardino Base and Meridian, according to
the United States Government Survey thereof.
Tax Assessor's Parcel Number:
Property Address:
Owner:
Owner Address:
278-300-53-00
15042 Oak Canyon Road
Castiglione Trust 5-29-07
3496 Shawnee Rd., San Diego, CA 92117
Legal Description: Parcel 1 as shown as Parcel Map No. 4783, in the City of
Poway, County of San Diego, State of California, filed in
the Office of the County Recorder of San Diego County,
June 4, 1976.
Tax Assessor's Parcel Number:
Property Address:
Owner:
Owner Address:
278-290-11-00
15114 Oak Canyon Road
Mark Johnson and Janna M. Hoffman
15114 Oak Canyon Road, Poway, CA 92064
Legal Description: A portion of the Southwest Quarter of the Northeast
Quarter of Section 32, Township 13 South, Range 1
West, San Bernardino Base and Meridian, according to
the United States Government Survey thereof.
12 of 29 March 19, 2019, Item #'{.1
Tax Assessor's Parcel Number:
Property Address:
Owner:
Owner Address:
278-300-72-00
15134 Oak Canyon Road
Mark D. and Alison A. Farrin
19074 Via Cuesta, Ramona, CA 92065
Legal Description: Parcel 1 as shown as Parcel Map No. 11180, in the City
of Poway, County of San Diego, State of California,
being a portion of the Northwest Quarter of the
Southeast Quarter of Section 32, Township 13 South,
Range 1 West, San Bernardino Base and Meridian,
according to the United States Government Survey
thereof.
Tax Assessor's Parcel Number:
Property Address:
Owner:
Owner Address:
278-300-73-00
15164 Oak Canyon Road
Thomas P. and Angela J. McCollum
15164 Oak Canyon Road, Poway, CA 92064
Legal Description: Parcel 2 as shown as Parcel Map No. 11180, in the City
of Poway, County of San Diego, State of California,
being a portion of the Northwest Quarter and the
Northeast Quarter of the Southeast Quarter of Section
32, Township 13 South, Range 1 West, San Bernardino
Base and Meridian, according to the United States
Government Survey thereof.
Tax Assessor's Parcel Number:
Property Address:
Owner:
Owner Address:
278-300-60-00
15210 Oak Canyon Road
Bodiker Family Trust 07-25-03
P.O. Box 996, Poway, CA 92064
Legal Description: A portion of the Northeast Quarter of the Southeast
Quarter of Section 32, Township 13 South, Range 1
West, San Bernardino Base and Meridian, according to
the United States Government Survey thereof.
13 of 29 March 19, 2019, Item # y,�
Tax Assessor's Parcel Number
Property Address:
Owner:
Owner Address:
278-300-50-00
15302 Oak Canyon Road
John Bailey
15302 Oak Canyon Road, Poway, CA 92064
Legal Description: A portion of the Northeast Quarter of the Southeast
Quarter of Section 32, Township 13 South, Range 1
West, San Bernardino Base and Meridian, according to
the United States Government Survey thereof.
Tax Assessor's Parcel Number:
Property Address:
Owner:
Owner Address:
278-300-59-00
15380 Oak Canyon Road
John D. Simmons Trust 05-17-04
P.O. Box 1439, Poway, CA 92064
Legal Description: A portion of the Northeast Quarter of the Southeast
Quarter of Section 32, Township 13 South, Range 1
West, San Bernardino Base and Meridian, according to
the United States Government Survey thereof.
14 of 29 March 19, 2019, Item # y,\
G
LEGEND
PROPERTY LINE
OWNER PROPERTY
0 400 800
EXHIBIT 3
OAK CANYON ROAD WATER MAIN
AND BENEFITTING PROPERTIES
SCALE
1"=400'
EXHIBIT 4
KINGMAN ROAD WATER MAIN
DESIGN AND CONSTRUCTION COST SUMMARY
Company or Agency ISevice Provided I TotalCost
Jon Del Construction
Jon Del Construction
Jon Del Construction
Jon Del Construction
Jon Del Construction
Jon Del Construction
Jon Del Construction
Jon Del Construction
Jon Del Construction
C. W. La Monte
ERB & Associates
ERB & Associates
City of Poway
Total Amount
pf FSS;p��
9. \
W No. C52258 m
4K -xp. 12/31/2
Of CAOF
6 -inch PVC Water Main (150 LF)
11,200
6 -Inch Gate Valves (1)
1620
6 -Inch Fire Hydrant Assembly
4500
Relocate 6 Water Meters
2100
Connection to Existing Water Main
1500
Slurry Fill, 4" Pipe
2500
2-4" Protection Posts
650
Trench Restoration (122 LF)
3500
Rock Excavation
6500
Sub Total
34,070
Soil Engineering & compaction
Surveying
Civil Engineering Design
Plan Check and Permit Fees
Ji D. Faul Date
RCE No.52258
Expiration Date: 12-31-20
3150
4775
4230
2928
Sub Total 15,083
$ 49,153.00
16 of 29 March 19, 2019, Item # 4,)
EXHIBIT 5
KINGMAN ROAD WATER MAIN
REIMBURSEMENT SCHEDULE
Parcel (APN)
Owner Name
Parcel Street Address
Parcel Size
Charge
Nguyen Nhan Thi My Separate Family
278-290-12-00
Trust 01-18-05
1375 Pacific Highway, C2306,Szn Diego, CA. 92101
8.34
S 6,144.13
278-300-53-00
Castiglione Trust OS -29-07
15042 Oak Canyon Road, Poway, CA 92064
4.47
$ 6,144.13
278-290-11-00
Mark Johnson and lana M. Hoffman
15114 Oak Canyon Road, Poway, CA 92064
16.68
S 6,144.13
278-300-72-00
Marls D. and Alison A. Farrin
15134 Oak Canyon Road, Poway, CA 92064
3.35
$ 6,144.13
278-300-73-00
Thomas P. and Angela). McCollum
15164 Oak Canyon Road, Poway, CA 92064
3.11
$ 6,144.13
278-30D-60.00
Bodiker Family Trust 07-25-03
15210 Oak Canyon Road, Poway, CA 92064
6.79
S 6,144.13
278-30D-50-00
Jahn Bailey
15302 Oak Canyon Road, Poway, CA 92064
4.57
S 6,144.13
278.300-59-00
John D. Simmons Trust 05-17-04
15380 Oak Canyon Road, Poway, CA 92064
8.32
S 6,144.13
17 of 29 March 19, 2019, Item #4.1
Poway, California / �� ' 3 / ` 4—
Agreement Date
STANDARD AGREEMENT FOR CONSTRUCTION
OF PUBLIC IMPROVEMENTS
(WI17-003)
The CITY OF POWAY ("CITY") and the Castiglione Trust, dated May 29, 2007, ("OWNER") agree as
follows:
A. OWNER is required to construct the following public improvements ('Work") for the
above referenced project:
a. Installation of a public water main and fire hydrant with associated appurtenances.
B. CITY approved plans and specifications for the construction of the work, which are
incorporated herein by reference, and identified as Water Main Extension Improvement
Plans for Kingman Road WI 17-003.
C. The following are attached hereto and made a part hereof:
Schedule A Public Improvements
IMPROVEMENTS: TIME TO PERFORM: For valuable consideration OWNER agrees to do,
or cause to be done, at OWNER's expense and without any cost or liability to the CITY, all of
the work described herein by the date specked on Schedule A. OWNER warrants that all of
the materials supplied and work to be done will be of good quality and workmanship. Said
work shall be in strict conformity with the plans and specifications of the work, the standard
specifications and drawings for public improvements adopted by CITY, and this agreement.
OWNER shall furnish all transportation, equipment, labor, services, permits, utilities, and all
other items necessary to complete the work. OWNER shall pay all claims, demands, and
liability arising out of or resulting from or in connection with the performance of the work.
OWNER shall furnish accurate "as constructed" plans. In addition, Owner shall, prior to
acceptance of the work by City Council, set all final monuments and stakes. OWNER's
obligations herein are not limited by any cost estimates, nor will any estimate be a measure of
damages.
CITY, in its sole discretion and without liability to CITY, City Council Members, CITY's
Engineer and their consultants, and each of their officials, directors, officers, employees and
agents, may require changes, alterations, or additions to the plans and specifications which do
not exceed ten percent (10%) of the original CITY approved cost estimate of the work. CITY,
in its sole discretion and without liability to CITY, City Council Members, CITY's Engineer and
their consultants, and each of their officials, directors, officers, employees and agents, may
require changes, alterations, or additions in addition to said ten percent (10%) limitation if
required to correct errors or omissions in the approved plans and specifications, and for
unforeseen conditions such as, but not limited to, rock excavation, unstable soil conditions, or
high water tables requiring de -watering.
2. INSURANCE: OWNER shall not commence or continue to perform any work unless OWNER
18 of 29 ATTACHMENT D March 19, 2019, Item #y,�
(11.11) Agreement - 1 of 8
has in full force and effect all required insurance with companies satisfactory to CITY. To be
acceptable, insurers must be authorized to do business and have an agent for service of
process in California, and have an "A" policyholder's rating and a financial rating of at least
Class XI in accordance with the current Best's Ratings. OWNER shall not permit any
contractor or subcontractor to perform any work unless the worker's compensation insurance
requirements have been complied with by each of them. All insurance policies shall be
maintained until the work is accepted by the CITY and provide for coverage of all causes of
action or disputes arising out of acts in performance of the construction of the public
improvement herein whether said causes or disputes are filed or brought to the attention of the
CITY before or after the CITY acceptance of work.
With approval of the CITY's Attorney, insurance coverage required by this section may be
satisfied by insurance held in name of prime contractor of OWNER, provided that prime
contractor coverage is sufficiently broad to include all losses on job site.
As evidence of coverage, OWNER shall provide certificates of insurance and endorsement of
CITY forms. Each certificate shall bear an endorsement waiving right of cancellation or
change in coverage without forty-five (45) days notice in writing delivered to CITY.
Before issuance of construction permit, OWNER shall provide certificate(s) of insurance,
satisfactory to CITY, certifying that OWNER, and each of OWNER'S contractors, has for the
agreement period, full worker's compensation insurance coverage for all persons who are or
may be employed in carrying out the work.
Before issuance of construction permit, OWNER shall provide to CITY, certificates of
insurance and endorsements that OWNER has liability insurance coverage naming CITY as
additional insured for both bodily injury and property damage in a single limit of not less than
that specified on Schedule A for any one occurrence.
Liability insurance coverage shall include each of the following types of insurance
as required by the CITY to carry out this agreement.
A. General Liability
1. Comprehensive Form
2. Premises -Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/Completed Operations
Hazard
6. Contractual Insurance
7. Broad Form Property Damage
Including Completed Operations
8. Independent Contractors
9. Personal Injury
B. Automobile Liability
1. Comprehensive Form,
Including Loading and Unloading
2. Owned
3. Hired
4. Non -Owned
Contractual insurance shall be sufficiently broad to indemnify CITY as set forth in Paragraph 4.
Any liability insurance naming the CITY insured, shall include as additional insured City
Council Members, CITY's Engineer and their consultants, officials, directors, officers, agents,
and employees. Insurance afforded them shall be primary insurance and the amount provided
shall not be reduced or prorated by reason of any other insurance they might have.
Nothing contained in these insurance requirements shall limit the liability of OWNER or
19 of 29
(11.11)
March 19, 2019, Item # y,1
Agreement - 2 of 8
OWNER's insurance companies. Review and acceptance of insurance certificates shall not
constitute any representation by CITY or its representative that any required insurance has
been issued.
3. OWNER'S LIABILITY: OWNER shall, at OWNER's sole cost and expense, be solely and
completely responsible for all matters affecting the design, prosecution, progress and
completion of the work, (both on and off the job site). OWNER shall be responsible for
observing all laws. OWNER shall provide for public convenience and safety, and safety of
workers, including OWNER's workers and those of OWNER's contractors, subcontractors and
suppliers, and others contributing to the work. OWNER shall protect CITY property and
property rights of others, including the location, maintenance and replacement of utilities,
whether shown on the plans or not. OWNER shall give prior notification to utility owners.
OWNER shall protect against and prevent drainage from storm runoff. OWNER shall not
interfere with the lawful use by others of easements and rights-of-way. Nothing in this
agreement, the specification, or other contract documents, or CITY's approval of the plans and
specifications or inspection of the work, shall relieve the OWNER or contractor of full
responsibility for all aspects of the work. CITY, City Council Members, CITY$ Engineer, and
their consultants, and each of their officials, directors, officers, employees, and agents shall
have liability for any aspect of the work.
4. OWNER'S INDEMNIFICATION: OWNER shall indemnify and hold harmless CITY, City
Council Members, CITY's Engineer and their consultants, and each of their officials, directors,
officers, agents, and employees from and against all liability, claims, damages, losses,
expenses, and other costs, including costs of defense and attorneys fees, arising out of or
resulting from or in connection with the design or construction of the work, both on and off the
job site, and during and after completion. This, provided any of the above, is: (1) attributable
to bodily injury, sickness, disease or death, or to injury to or destruction of property (other than
the work itself), including the loss of use resulting therefrom, and (2) caused in whole or in part
by any act or omission of OWNER, OWNER's Engineer, any contractor, any subcontractor,
any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts
or omissions any of them may be liable. All of this regardless of whether or not it is caused in
part by any act or omission (active, passive, or comparative negligence included) of a party
indemnified hereunder. Said indemnification and agreement to hold harmless shall extend to
injuries to persons and damages to or taking of property, resulting from the design or
construction of said improvements causing the diversion of waters or from the design or
construction or maintenance of drainage systems, streets and other improvements.
Acceptance of these improvements by the CITY shall not constitute an assumption by the
CITY of any responsibility for such damage or taking.
As to any and all claims against the indemnified parties by any employee of OWNER, any
contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, the indemnity obligations hereunder
shall not be limited in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for the OWNER, or any contractor, subcontractor,
supplier or other person under worker's compensation acts, disability benefit acts or other
employee acts.
OWNER shall also indemnify and hold harmless CITY, City Council Members, CITY's
Engineer, and their consultants, and each of their officials, directors, officers, employees and
agents from and against all losses, expenses, damages (including damages to the work itself),
attorneys fees, and other costs, including costs of defense, which any of them may incur both
during and after completion with respect to any latent deficiency in the design, specifications,
surveying, planning, supervision, observation of or construction of the improvements referred
20 of 29
March 19, 2019, Item #Ui.k
Agreement - 3 of 8
to herein or any injury to a person or property, real or personal, as a result of any such latent
deficiency. CITY's costs shall include the cost of inspecting and restoring other portions of the
work which CITY reasonably suspects may also be defective by reason of known defects in
the work or other work performed by OWNER or OWNER's contractors, subcontractors, or
suppliers or designed by their representatives.
Provisions of this Paragraph 4 shall remain in effect ten (10) years following acceptance of
improvements by the CITY. Nothing contained herein shall limit CITY's remedies pursuant to
Code of Civil Procedure, Section 337.15.
5. SECURITY: With the execution of this agreement, OWNER shall furnish and deliver to CITY,
at no expense to CITY, a payment bond and a performance bond. Each shall be in the amount
of the CITY -approved estimate specified on Schedule A. Bonds shall be furnished by surety
companies satisfactory to the CITY on the forms provided by CITY. No alterations or
substitution of said forms will be allowed. To be acceptable, surety companies must be
authorized to do business and have an agent for service of process in California, be on the
accredited list of the United States Treasury Department, and/or have an "A" policy holders
rating and a financial rating of Class XI or better in accordance with the current "Best's
Rating." The bonds will be limited to amounts acceptable to the Treasury Department.
None of the following shall in anywise affect the obligations of any surety. Each surety waives
notice thereof: (a) any change, extension of time, alteration, or additions to the terms of the
agreement, or the work to be performed, or the plans and specifications therefore; (b) any
matters unknown to surety which might affect surety's risk except that CITY will advise surety
upon request of the following: (1) any written claims it receives from unpaid subcontractors or
suppliers, and (2) any written orders received from other public authorities charging violations
of laws, ordinances or regulations, and (3) failure of OWNER to comply with any written notice
to correct defective work. The obligations of OWNER shall not be limited by the amount of
such bonds.
6. TYPES/AMOUNT OF SECURITY: In lieu of payment and performance bonds, OWNER may
furnish CITY either cash, a Letter of Credit, or an Agreement of Deposit as security for
performance. Said security shall be in amount no less than one hundred percent (100%) of
the cost estimate and, in addition, for payment of those furnishing materials, labor or
equipment in amount not less than fifty percent (50%) of the cost estimate. Said security
agreements shall be on forms furnished by CITY. No alterations or substitution of said forms
will be allowed. The obligations of OWNER shall not be limited by the amount of the security
required.
7. COSTS AND DEPOSITS: OWNER agrees to pay CITY, on demand, the full amount of all of
CITY's costs incurred in connection with the work and this agreement. These costs include,
but are not limited to, plan checking, inspection, materials furnished, attorneys fees incurred in
connection with preparing and negotiating this agreement, and all other expenses, including
engineers and attorneys fees of CITY, directly attributable to the work and this agreement.
These costs shall include a reasonable amount for CITY's overhead in connection therewith,
plus any applicable fees of CITY. CITY's costs shall include the cost of inspecting and
restoring other portions of the work both during and after acceptance, which CITY reasonably
suspects may also be defective by reason of known defects in the work or other work
performed by OWNER or OWNER's contractors, subcontractors, or suppliers or designed by
their representatives. OWNER shall deposit with CITY concurrently with the execution of this
agreement, such sums as the CITY establishes as deposits set forth on Schedule A. Should
the actual expenses be in excess of the deposit set forth on Schedule A, OWNER shall pay
the amount of such excess on demand. Should the actual expenses be less than the
21 of 29 March 19, 2019, Item # y.\
(11.11) Agreement - 4 of 8
estimated deposit on Schedule A, the difference, without interest, shall be refunded to
OWNER within ninety (90) days of acceptance of work by CITY; provided, however, the CITY
shall have the right first to apply any excess monies to any other obligation which OWNER
might have to CITY. Said deposit is not a trust fund and said deposit may be co -mingled with
other similar deposits.
8. PARTIAL UTILIZATION: Until all work has been completed and accepted by CITY and all
other public authorities having jurisdiction, OWNER shall be responsible for the care,
maintenance of, and any damage to the work.
When the work or any portion of it is sufficiently complete to be utilized or placed into service,
CITY shall have the right upon written notification to OWNER to utilize such portions of the
work and to place the operable portions into service. With this notice and commencement of
utilization or operation by the CITY, OWNER shall be relieved of the duty of maintaining the
portions so utilized or placed into operation. However, such use and operation shall not
relieve OWNER of the full responsibility for completing the work in its entirety, for making good
defective work and materials, for protecting the work from damage, and for being responsible
for damage and for the work as set forth herein. Nor shall such action by CITY be deemed
completion and acceptance. Further, such action shall not relieve OWNER, or OWNER's
sureties and insurers, of the provisions hereof relating to indemnity and guarantees.
9. ACCEPTANCE OF PROJECT/WARRANTY: Acceptance of the work shall only be by action
of the City Council. Neither the acceptance nor any prior inspections or failure to inspect shall
constitute a waiver by CITY of any defects in the work. From and after acceptance, the work
shall be owned and operated by CITY. As a condition to acceptance, OWNER and OWNER's
contractor shall each certify to CITY in writing that all of the work has been performed in strict
conformity with the agreement and that all costs have been paid or supply to CITY security,
satisfactory to CITY, guaranteeing such performance.
In addition to OWNER's other obligations under the agreement, OWNER warrants all work
and materials to be of good quality and fit for the purpose and intended use. OWNER shall
repair, replace, and restore any and all such work which may prove defective in workmanship
and/or materials, without expense whatsoever to CITY; ordinary wear and tear and unusual
abuse or neglect excepted. OWNER shall also repair, replace, and restore any other work
which is displaced in correcting defective work, as well as other portions of the work which
CITY by reason of such defects reasonably suspects may also be defective. OWNER shall
provide a warranty bond or other security satisfactory to CITY for a period of one (1) year.
Said bond or other security shall be in an amount satisfactory to CITY, but in no case less than
ten (10) percent of project cost. Said bond or other security shall in no way limit the time
within which CITY may bring action for breach of this warranty (CCP 337) or action for latent
defects (CCP 337.15) nor the amount of such claim or judgment.
In the event of a failure to commence with the compliance of above-mentioned conditions
within seven (7) calendar days after being notified in writing or failure to diligently pursue such
compliance to completion, CITY is hereby authorized to proceed to have the defects repaired
and made good at the expense of OWNER who hereby agrees to pay the cost and charges
therefor immediately on demand.
If, in the opinion of CITY, nonconforming work creates a dangerous condition or requires
immediate correction or repair to prevent further loss to CITY or to prevent interruption of
operations, CITY will attempt to give the OWNER notice. If OWNER cannot be contacted or
does not comply with CITY's request for correction within a reasonable time as determined by
CITY, CITY may proceed to make such correction or provide such repair. The costs of such
correction or repair shall be charged against OWNER, who agrees to make payment for said
22 of 29
March 19, 2019, Item #L�,�
Agreement - 5 of 8
costs upon demand.
Corrective action by CITY will not relieve OWNER or OWNER's sureties or insurers of the
guarantees and indemnities of this agreement.
This paragraph does not in any way limit CITY's remedies pursuant to Code of Civil
Procedure, Section 337 and 337.15, or the guarantee on any items for which a longer
guarantee is specified or on any items for which a manufacturer or supplier gives a longer
guarantee period. OWNER agrees to act as a co -guarantor with such manufacturer or
supplier, and shall furnish CITY all appropriate guarantee or warranty certificates upon
completion of the project. No manufacturers guarantee period shall in any way limit the
liability of OWNER or OWNER's sureties and insurers under the indemnity or insurance
provisions of this agreement.
10. EASEMENTS AND FEE INTERESTS: OWNER shall at OWNER's sole cost and expense,
furnish CITY with appropriate easements and fee title to required facilities sites for the entire
work, free and clear of all liens, encumbrances, restrictions, and covenants, other than current
real property taxes then a lien but not yet payable. At OWNER's cost and expense, OWNER
shall furnish CITY with an acceptable title insurance policy insuring CITY has title as required
above with an endorsement insuring CITY against mechanic's lien claims arising out of the
performance of the work. Easements shall be in standard form acceptable to CITY, shall be
not less than the width CITY determines necessary to maintain the work and shall be executed
and delivered to CITY concurrent with execution of this agreement. Easements shall be
recorded prior to CITY accepting the work or furnishing services to any portions of the property
under development (other than those as may be delivered under a temporary service
agreement with OWNER).
11. CONTRACTORS AND AGENTS: OWNER shall be as fully responsible to CITY for the acts
and omissions of OWNER's contractor and of the persons directly or indirectly employed by
OWNER's contractor as OWNER is for the acts and omissions of persons directly or indirectly
employed by OWNER. Nothing contained in the agreement shall create any contractual
relationship between any contractor or others and CITY. OWNER shall bind every contractor
to be bound by the terms of this agreement.
12. DEFAULT BY OWNER: OWNER shall be in default of this agreement if, in the sole discretion
of the CITY, OWNER refuses or fails to construct the improvements required hereby in a
workmanlike manner, or OWNER refuses or fails to prosecute the work or any separable part
thereof with such diligence as will ensure its completion within the time specified herein, or any
written extension thereof, or fails to complete such work within such time, or if OWNER should
be adjudged bankrupt, make a general assignment for the benefit of creditors, or if a receiver
should be appointed on account of OWNER's insolvency or if OWNER or the contractor, or
any of their subcontractors violate any of the provisions of this agreement, or if OWNER fails
to make prompt payment for materials or labor or if OWNER disregards laws, ordinances, or
instructions of CITY. CITY shall serve written notice upon the OWNER and OWNER's surety
of its intention to declare this agreement in default. Said notice will contain the reasons for
such intention to declare a default. Unless, within ten (10) days after the service of such
notice, such violations shall cease and satisfactory arrangements for the corrections thereof
be made, this agreement shall upon the expiration of said time be in default.
Upon such default, CITY shall serve written notice thereof upon the surety and OWNER, and
the surety shall have the right to take over and perform this agreement. If the surety does not,
within fifteen (15) days after the serving upon it of a notice of default, give CITY written notice
of its intention to take over and perform this agreement or does not commence performance
thereof within thirty (30) days from the date of CITY's notice, CITY may take over the work and
23 of 29 March 19, 2019, Item #y,Ii,
(11.11) Agreement -6 of 8
prosecute the same to the extent of completion it deems necessary by contract or by any other
method it may deem advisable for the account and at the expense of OWNER, and the surety
shall be liable to CITY for any cost or other damage occasioned CITY thereby. In such event,
CITY may, without liability for so doing, take possession of and utilize in completing such work,
such materials, appliances, plants, and other property belonging to OWNER that may be on
the site of the work and be necessary therefore. Should surety fail to take over and diligently
perform the agreement upon Principal's default, surety agrees to promptly, on demand,
deposit with CITY such amount as CITY may reasonably estimate as the cost of completing all
of OWNER's obligations. For any such work that CITY elects to complete by furnishing its
own employees, materials, tools, and equipment, CITY shall receive reasonable compensation
therefore, including costs of supervision and overhead.
CITY may, at its option, elect not to complete any or all of the work and may elect not to
accept any of the work already completed. If CITY elects not to accept any of the work, then
all CITY's obligations to OWNER and the lands to be served shall terminate. CITY's
obligations to OWNER and the lands to be served shall continue to the extent of any
acceptance, subject to CITY's right to offset any sums due it.
The foregoing provisions are in addition to, and not in limitation of, any other rights or
remedies available to CITY.
13. REMOVAL OF IMPROVEMENTS: If the work is suspended or otherwise not continuously
prosecuted for any cause whatsoever, within or without the time for completion, OWNER shall,
at OWNER's sole cost and expense, remove and replace all or any portion of the work already
completed and inspected which CITY, in its sole discretion, determines is substandard,
damaged, or may constitute danger to the public.
14. ATTORNEY FEES AND COSTS: Should CITY engage an attorney to enforce any provision
of this agreement or to defend any claim brought by anyone arising out of the failure of
OWNER to perform any of OWNER's obligations under this agreement, OWNER shall pay all
of CITY's attorney's fees incurred in connection therewith, with or without suit, whether or not
said attorney is in the regular employ of the CITY.
15. FUTURE CHARGES: Nothing in this agreement shall relieve OWNER or OWNER's
successors or assigns of any obligation to pay any connection, installation, expansion or other
fees, charges, or other expenses, including operation and maintenance expenses, required
under any present or future established ordinances, rules, regulations, and policies of CITY.
16. ASSIGNMENT: The performance of the agreement may not be assigned, by OWNER except
upon the written consent of CITY. Consent will not be given to any proposed assignment
which would relieve OWNER or OWNER's sureties of their responsibilities under the
agreement, unless CITY finds that assignee can perform this agreement and provide security
comparable to that provided by OWNER.
17. NOTICE: All notices required hereunder shall be deemed served or given upon the earlier of
actual receipt or deposit in the United States Mail, first class postage prepaid, addressed to
OWNER at the address set forth below, to the surety at the address in the security instrument,
and to CITY at P.O. Box 789, Poway, California 92074-0789.
24 of 29
March 19, 2019, Item # lVk
Agreement - 7 of 8
CITY OF POWAY
OWNER:
CASTIGLIONE TRUST, dated May 29, 2007
Z-- -- hAL�� � 6b4AZ'n 14 J -
Vincenzo Castigli¢ne, Trustee Elizabeth C tiglione, T ?tee
By:
Tina White, City Manager
Approved as to Form:
Office of the City Attorney
l w
Mor n Fol, Ci Attorney
(Signatures Must Be Notarized)
I Kl.Uw 6x;,tZ-
Date
m:lengser Aland development pmjects12017AW17-003 Kingman Rd\std agrmt.dom
25 of 29
March 19, 2019, Item #1-\,\
Agreement - 8 of 8
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 November 2, 2017 before me, Carol S. Legg, Notary Public, personally appeared Tina
White, who proved to me on the basis of satisfactory evidence to be the personfs) whose
namefs) is/afe subscribed to the within instrument and acknowledged to me that 4e/she/they
executed the same in Ws/her/#w4 authorized capacity(ies), and that by lois/her/th&
signatures on the instrument the person(Q, or the entity upon behalf of which the person jf)
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.
6CAROL S.LEGG
Commission R 2105416
Notary Public - Callfornla
San Diego County
Comm. ies r28,2019! Carol S. Legg, Notary P Ic
OPTIONAL
Title or type of document: Standard Agreement for Construction of Public Improvements
(WI17-003). Installation of public water main and fire hydrant, Kingman Road.
Document Date:
Number of Pages:
October 31, 2017
eight
Signers Other Than Named Above: Vincenzo Castiglione and Elizabeth Castiglione, Trustees.
26 of 29 March 19, 2019, Item # y.k
OWNER: Castiglione Trust, dated May 29, 2007
l0-31-/ -
Agreement Date
SCHEDULE A TO STANDARD AGREEMENT
FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS
(WI17-003)
This schedule is attached to and made a part of the Standard Agreement for Construction
of Public Improvements between CITY and OWNER for the above -referenced property.
The following correspond to the paragraph numbers of the agreement.
1. Completion Date: Prior to issuance of first Building Permit or
two (2) years from date of this agreement,
whichever comes first.
2. Liability Insurance Limits:
3. a. Approved Cost Estimate:
b. Approved Security Amount:
Performance
Payment
(Labor & Materials)
4. Deposit/Fee Amount:
5. Warranty Security Amount:
$ 2.000,000.00, combined limit each occurrence
$ 25.762.00
$ 25,762.00
$ 12.881.00
See Note Below
$ 2,576.20
(To be posted prior to acceptance of work)
Note: Prior to start of construction, a deposit shall be paid to the City to cover inspection
fees and related post -plan approval tasks. The minimum deposit shall be based on
the City's fee rate at the time of payment.
(21R of 29 Schedule A tc0%W*rf3 Wffg9rn1 Py'1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
.non.:o.:uua<:«�«<u«u<;;m:ace<,..<: uauaa:.«..«au.c<,<cx<,.<«:.c:w,.u<a<...<.<.<.<:ucm.a«a<.•xu:«.:.a
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 znlJ )
On �(Cl7{>eC �i r iol 1 before fore me, Ll ✓brine J 1 nn ani nobizif YtLlnjJ_G
Date Here Insert Name and Title of the Officer
personally appeared r
Names) of Igner(s)
who proved to me on the basis of satisfactory evidence to be the person(%) whose name(%) is/are
subscribed to the within instrument and acknowledged to me that helshe/they executed the same in
his/her/their authorized capacity(es), and that by hisfher/t4eir signature(s) on the instrument the person(*,
or the entity upon behalf of which the person(s) 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.
YVONNE MANNION WITNESS my hand and official seal.
Notary WWII -California
- San Diego County
Commission. 2201766 Signatur LK '0
My Comm. Ezpites Jun 1 '2021
Signature o/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 Document
Title or Type of Document: S�A�icy
Document Date: CYCObe/
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
O Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
F1 Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
n nthpr
Signer Is Representing:
L-Ieme1H
28 of 29 March 19, 2019, Item #y,)
1
CALIFORNIA . . . •D
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 _(•an O )
On Cldpber �I, doll beforeme, LIV0.MP 1 Ciatirn 1 notart,i pylo/rG ,
Date Here Insert Name and Title of the Officer
personally appeared 1rir1CPrn2—:) rotSrCTULwn0
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(erwhose name(sr is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
YVCNNE MNNION
Notary Public-Californln
San Diego County
Commission t 2201766
my comm. Expires Jun 18.2021
I certify under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
Signature of fVotary 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 Document
Title or Type of Document: fro
Document Date: tC tobe a
Signers) 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:
Number of
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
29 of 29 March 19, 2019, Item #► A