Item 14 - Acceptance and Execution of Street Light Agreement between Imperial Savings Association and the Poway RDAAGENDAREPORT .� OF p�
CITY OF POWAY
This report is included on the. Consent Calendar. There will be no separate discussion of the �y
report prior to approval by the City Council unless members of the Council, staff or public `c """• '°'0 y*��
request it to be removed from the Consent Calendar and discussed separately. If 'tx THB ce
p y. -you wish to
have this report pulled for discussion, please fill out a slip indicating the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
TO: Chairman and Members of the Redevelopment Agency
FROM: James L Bowersox, Executive Direct
INITIATED BY: Alan D. Archibald, Director of Public Service
Ninoy T. Basuil, Assistant Civil Engineer`
DATE: June 10, 1986
SUBJECT: Acceptance and Execution of Street Light Agreement
Between Imperial Savings Association and the Poway
Redevelopment Agency .for Installation of Lights on t
Espola Road in Conjunction With the Development of '
TM 4090-R, 4091-R, 4092-R, and- 4093-R (Hirsch Ranch)
a
ABSTRACT
The acceptance and execution of a street light agreement between
Imperial Savings Association and the Poway Redevelopment Agency
is to carry out the certain responsibility of said Agency for
installation of street lights on Espola Road as stated in
Resolution No. 85-061, adopted by the City Council of the City
of Poway on August 20, 1985 (Attachment 1) This _public improve- 4
ment is a part of the Paguay Redevelopment Project area and within
the Hirsch Ranch Project. Since p p
� public improvements on Es ola Road .
are currently in progress by the developers of Hirsch Ranch Project,
it is determined to be in the best interest of the Agency that said
street lightinstallation be: made in conjunction with said Hirsch
` Ranch Project.
The City Engineer recommends acceptance and execution of the street E
light agreement (Attachment 2) ,
BACKGROUND
Under said Resolution 85-061 the street light installation on
Espola Road is a public improvement in which the Poway Redevelopment
Agency is authorized to carry out the redevelopment of the Paguay
Redevelopment Project Area and in which the Agency had entered
into a repayment agreement (Attachment to Resolution 85-061) with
the Cit for the financing of said
City g public improvement. These E
ACTION:
1 of 12 JUN 10 1986 ITEM 14
�1
AGENDA REPORT June 10, 1986
Acceptance and Execution of Street Light Agreement Between
Imperial Savings.Association and the Poway Redevelopment Agency
Page 2
street, light installations are in addition to those that'are required
on Espola Road by the development conditions of TM's 4090-R, 4091 -Rt
4092..--R, and 4093-R.
RECOMMENDATION
Adopt the resolution accepting the street .light agreement with
Imperial Savings Association for installation of street lights
on Espola Road (Attachment 3).
JJLB :ADA NTB mh;
Attachments
1. Resolution No. 85-061
2. Street Light Agreement
3. Resolution Accepting Street Light Agreement
2 of 12
JUN 10 1986 ITEM
RESOLUTION N0. 55-061
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY,
CALIFORNIA,
DETERMINING THAT THE CONSTRUCTION OF CERTAIN
PUBLIC IMPROVEmENTS ARE OF BENEFIT TO THE
PAGUAY REDMFE OPMENT PROJECT AND THE: IiEDIATE -
NEIGHBORH00DS IN WHICH THE, PROJF.,CTS ARE: LOCATED
AND DE'T'ERMINING THAT THERE ARE NO OTHER
REASONABLE MEANS OF FINANCING SAID PUBLIC IMPROVadENTS
t
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the Poway Redevelopment Agency (the "Agency") is authorized to
carry out the redevelopment of. the Paguay Redevelopment Project Area (the
Project"); and
WHERREAS, the Redevelopment Plan for the Project Area authorizes and directs
the Agency to construct public improvements, which are enumerated in materials
referenced in the Redevelopment Plan and which include the public improvements
on Metate Lane and Espola Road; and _
WHEREAS, the Agency 'desires to construct these public improvements in the
Paguay Redevelopment Project Area.; and
y
WHYS, California Health and Safety Code Section 33445ro
i . p .wades. tfiat the
redevelopment agency may, with the consent of the legislative body, pay all or
I r part of'the value of public buildings, facilities`, structures or other improve
.` ments upon a_finding that such public improvements are of benefit to the Project
Area or the immediate neighborhood _in which the Project is located and that
there is no other reasonable means- of financing such public improvements
available for -the carmunity;- and
WHEREAS, without the direct financial participation by the Agency, there are
insufficient resources available for the installation of public inprovements on
Metate-Lane and Espola Road; and
WHEREAS, the sidewalks on Metate Lane and the street lighting on Espola Road
are public improvements which will be used by and of benefit to persons
residing in the Project Area; and
WHEREAS, the City of Poway proposes to enter into a repayment agreement with
the Agency in the form of Attachment _B hereto (the "Agreement"), which is incor-
porated herein by reference.
N, THEREFORE, the City Council of the City of Poway does hereby resolve as
follows:
Section 1: The City Council hereby determines that the installation of
sidewalks on Metate Lane and street lighting on Espola Road will be of benefit
to the Project Area and the surrounding area neighborhoodsinwhich•the.Projects
are located.
ATTACHMENT1
3 of 12
JUN, :110 198-0 1TE114 14
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Resolution No. 85-061
Page 2
Section. 2: The City Council further determines that there are no other
reasonable means for financing the installation of sidewalks on Metate Lane and
street lighting on Espola Road without having the Agency, pay all or part of the
value of such reconstruction.
Section 3: The City Council consents to the execution of the repayment
agreement between the City and the Agency and the payment by the Agency of the
"Amount" as definedin and pursuant to such Agreement. This resolution does not
constitute authorization for the expenditure of city funds.
PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway,
California, at a regular meeting thereof this 20th day of August, 1985.
ATTEST:.P(
V#•
Marjorie i. Wahlsten, City Clerk
of 12
Robert C. Every, Mayon,
t.
JUN 10 1986 IT EM
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REPAYMENT AGREEMENT
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This Repayment Agreement entered in to as of the 20th day of August, 1985,
by and between the Poway Redevelopment Agency, a public body, corporate and
politic (the "Agency") and the City of Poway, a municipal corporation (the
"City").
• RECITALS:
A. The Agency is responsible for carrying out redevelopment activities in
the Poway Redevelopment Project Area (the "Project Area") which is the subject
of a redevelopment plan approved by the City Council of the City by ordinance
adopted on December 13, 1983
B. The City Council of the City desires to advance a loan to the Agency in
the principal amount of up to $165,220 to assist the Agency in paying the cost
of the design and construction of public improvement projects, and the Agency
desires to accept said loan on the terms and conditions set forth herein (the
"Public Improvement Projects'Loan")
NOti+T, Z�RE, in consideration of the foregoing and the mutual covenants _
and conditions set forth herein, the parties hereto agree as follows: r
Section 1. The City hereby advances to the Agency a Public Improvement
Projects Loan in the principal amount of up to $165,220 with interest thereon
s calculated at the rate of 10.5 percent per annum to the, Agency, and the Agency
hereby accepts the Public Improvement Projects Loan on the terms and provisions
set forth herein. The Agency shall be authorized to draw against the Public
Improvement Projects Loan up to the authorized principal amount thereof fram time
to time in accordance with generally accepted accounting principles. The
Agency's obligation to. repay the Public Improvement Projects Loan and the F
interest thereon shall be evidenced by a pranissory note in.the.form attached
hereto as Exhibit "All and incorporated herein by reference (the."Public
Improvement Projects Promissory Note") . Payments of interest only shall be due
and payable with respect to the Public Improvement Projects Promissory Note can
mencing December 31 1985, and semi=annually thereafter until June 30, 1988, at
which time all the unpaid principal and accrued interest with respect to the
Public Improvement Projects Promissory Note shall be due and payable unless
extended by mutual agreement of the parties hereto. The Agency shall execute
and deliver the Public Improvement Projects Promissory Note as of the date of
the execution of this Agreement.
6 of 12
JUN l O 1986 ITEM
_2_
Section 2. The Agency's obligation to make payments to the city pursuant to
Amok
the promissory note referred to herein and in the recitals hereinabove shall be
repiyed solely from amounts deposited in the special fund created with respect
to the Project Area into which tax increment revenues received by the Agency
pursuant to section 33670(b) are deposited, if and only to the extent that such
tax increment revenues are received.
Section 3. The parties hereto acknowledge and agree that the Agency's obli-
gation to repay amounts evidenced by the Praanssory Note referred to herein
shall be autaanatically subordinated to any other obligation of the Agency
secured by tax increment revenues derived from the Area for which such tax
increment revenues are otherwise pledged in connection with the issuance of
bonds, notes, or certificates of participation as part of the implementation of
the Redevelopment Plan for the Project Area.
Section 4. The Agency shall have the right at any time, from time to time
upon at least ten (10) days written notice to the City, to prepay, without pre-
mium or penalty the outstanding balance of the Promissory Note referred to
herein, or any portion thereof, with the interest payable through the date of
such prepayment.
Section 5. This Agreement shall terminate when all obligations of the
Agency evidenced by the Promissory Note referred to herein shall have been;
discharged in full.
i
Section 6. In case any one or more of the provisions contained in this
Agreement should be held invalid, illegal, or.unenforceable in any respect, the:
validity, legality, and enforceability of the remaining provisions contained
herein shall not in any way be affected or impaired thereby.
Section 7. No member, officer, agent, or employee of the Agency shall be
individually or personally liable for the payment of the principal of or
interest on the Promissory Note.
Section 8. The parties hereto acknowledge and agree that the obligations of
the Agency evidenced by the'Prani.ssory Note referred to herein constitutes an
"indebtedness" within the meaning of Health and Safety Code Section 33670(b).
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6 of 12
JUN l O 1986 ITEM
IN WITNESS WHEREOF, the parties hereto have executed this Repayment
Agreement as of the date first above written,
CITY OF POWAY
By
Robert C Emery, Mayor
ATTEST:
X71 . (la.A-I
Marjorie K. Wahlsten, City Clerk
ATTEST:
ll-t� 4R•�-�.- K ati ,“
POWAY REDEVELOPMENT AGENCY
By
'--
Robert C. Finery, Chai
Marjor`e'K. Wahsten, Secretary
7 of 12
JUN 10 1986 ITEM
JUry 10 ,9 8o 11 M t �'
STREETLIGHT AGREEMENT
THIS STREET LIGHT AGREEMENT (Agreement") is entered into as
of May 27, 1986, :between IMPERIALSAVINGS ASSOCIATION, a
California corporation ("Imperial"), and the POWAY REDEVELOPMENT
AGENCY, ("Agency") with reference to the following:
RECITALS:
A. Imperial is the owner -of that, certain real property
located in the City of Poway, California, contained within City
of Poway Tracts 4090-R, 4091-R, 4092-R and 4093-R ("Property"),
;
which property is contiguous with Espola Road.
B. R. B. McCOMIC,.INC, a California corporation ("McComic")
t
is the developer of the Property pursuant to the terms ora
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Development Management Agreement with :imperial. McComic is a
general contractor licensed as such by the State of California
(Contractor's License No. 433278).
C. City requires that Imperial, in connection with the
development of the Property, install thirty—six (36) street
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lights within the. Espola Road right of way, which is contiguous
F
with the Property, in addition to the seven (7) street lights'
originally required by the County of San Diego for approving the
subdivision of the Property.
D. Imperial is willing to cause the installation of the
additional streetlights by McComic in accordance with the terms
of this Agreement.
The parties agree:
1. Installation of Street Lights. Imperial agrees to
cause to be installed, within the Espola Road right of way
contiguous with the Property, 180 watt, low pressure sodium
streetlights at 30 foot mounting heights in the locations and
in accordance with the plans and drawings set forth in the Plans
for the. Improvement of Espola Road consisting of 16 Sheets
approved by the City Engineer of City of Poway on June 13, 1985,
as amended September 25, 1985 ("Plans"), which Plans are on file
with the City. McComic, on behalf of Imperial, shall provide
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all labor and materials, including trenching, necessary to
complete the installation of the street lights.
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JUry 10 ,9 8o 11 M t �'
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Attention Mr. Alan F. Schuler
If to Imperial, to
Imperial Savings Association
c/o R. B. McComic, Inc.
6920 Miramar Road, Suite 104
San Diego, California 921.21
Attention: Mr. James D. McMenamin
or to such other address or to such other person as either party
may designate to the other for such purpose in the manner herein
set forth.
9 of 12 2 JUN 10 1986 1 T 3 M iy �;
2. Time for Installation. The street lights referred to
in Paragraph 1 above shall be installed on or before December 31
. 1986
3. Compensation. In consideration for the installation of
the street lights referred to in Paragraph 1 above, Agency shall
pay to Imperial Imperial'scost of said installation in a sum ,
which shall, in no event exceed $133, 000.00. Imperial's costa'
Imperial's
shall be established by the contract amount of
contract with its electrical contractor for the installation YIAc;w.cs
of said street. lights and proof of 'actual payment by Imperial "s
thereunder. Imperial shall submit to Agency upon execution of
such contract a copy thereof certified as true and correct.
2 .
Upon its payment in full to the contractor, Imperial shall`
submit to Agency proof of such payment certified as payment
under said contract for the installation of the subject street'.
lights." Imperial shall besolelyresponsible for any additional
costs in excess of $133,000.00 required to complete the instal-
lation of the street lights. The term "additional costs" shall
include, but not be limited to, any .amount for profit or overhead
of either Imperial_ or`McComic. The compensation shall be due
and owing to Imperial within thirty (30)daysfollowing final
inspection by Agency of the installation of the street lights,
but in no event later than sixty (60) days after the street'.
lights are complete: and functional.
4 Assignment. Neither party may assign its rights or
obligations under this Agreement without the prior written k'
consent of the other. Nothing contained herein shall prohibit
Imperial or McComic from subcontracting all or any portion of
the street light installation.
5. Notices. All notices, demands or other communications
g ven`under this Agreement shall be in writing and shall be -
deemed to have been duly delivered upon personal delivery or
as of the second business day after mailing by United States
first class mail, postage prepaid, addressed as follows:
If to Agency, to
Poway Redevelopment Agency
1.3325 Civic Center Drive
P. 0 Box 789 j
Poway. California 92064
Attention Mr. Alan F. Schuler
If to Imperial, to
Imperial Savings Association
c/o R. B. McComic, Inc.
6920 Miramar Road, Suite 104
San Diego, California 921.21
Attention: Mr. James D. McMenamin
or to such other address or to such other person as either party
may designate to the other for such purpose in the manner herein
set forth.
9 of 12 2 JUN 10 1986 1 T 3 M iy �;
6. Miscellaneous Provisions.
6.1 Attorney's Fees. If legal action be commenced to
enforce or to declare the effect of any provisions of this
Agreement, the court or, if applicable, the arbitrator, as part
of its judgment, shall award reasonable attorney's fees and costs
to the prevailing party.
6.2_ No Waiver. The waiver by one party of the
performance of any covenant, condition or promise shall not
invalidate this Agreement nor shall it be considered a waiver by
such party of any other covenant, condition or promise hereunder.
The waiver by either or both parties of the time for performing
I
any act shall not constitute a waiver of the time for performing
any other act or identical act required to be performed at a
later time. The exerciseof any remedy provided by law and the
provisions of this Agreement for any remedy shall not exclude-
other consistent -remedies unless they are expressly excluded.
6.3 Construction. As used in this Agreement, the
masculine, feminine or neuter gender and the singular or plural
numbers shall each be.deemed to include the other whenever the
context so indicates. This Agreement shall be construed as a
whole and in accordance with its fair meaning, the captions being
for convenience only and not intended to fully describe or define
the provisions in the portions of this Agreement to which they
pertain.
F•..
tom.
6.4 Merger. It is agreed that all understandings and
agreements heretofore had between the parties respecting this
transaction, are merged in this Agreement, which fully and
completely expresses the agreements of the parties, and that
there: are no representations, warranties or agreements except as
specifically and expressly set forth herein and in the exhibits
annexed hereto.
6.5 Counterparts. This Agreement may be executed in
any number of counterparts. Each such counterpart hereof shall
be deemed to be an original instrument but all such counterparts
together shall constitute but one agreement.
6.6 Computation of Periods. All periods of time
referred to in this Agreement shall include all Saturdays,
Sundays and State or National holidays, unless the period of time
specifies business days, provided that if the date or last date
to perform any act or given any notice with respect to this
Agreement shall fall on a Saturday, Sunday or State or National
holiday, such act or notice may be timely performed or given on
the next succeeding day which is not a Saturday, Sunday or State
or National holiday.
-3-
10 of 12
,SUN 10 1986 ITEM !1A
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6.7 Successors and Assigns. This Agreement shall be
binding upon and inure to the benefit of the successors and
assigns of the parties hereto.
C.8 Amendments. No change in or addition to this
Agreement or any part hereof shall be valid unless in writing
and signed by both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date first set forth above.
11 of 12
IMPERIAL SAVINGS ASSOCIATION
By
By
POWAY REDEVELOPMENT AGENCY
By_
Attest:
JUN 10 1986 IT E
P
RESOLUTION NO.
P
A RESOLUTION OF THE POWAY REDEVELOPMENT AGENCY -
ACCEPTING THESTREETLIGHT AGREEMENT WITH IMPERIAL
SAVINGS ASSOCIATION FOR INSTALLATION OF STREET LIGHTS
ON ESPOLA ROAD IN THE PAGUAY REDEVELOPMENT PROJECT AREA
WHEREAS, the Poway RedevelopmentAgency ("Agency") is
authorized to carry out the redevelopment of the Paguay
Redevelopment Project Area; and
WHEREAS, the Agency desires to construct certain public
improvements in the Paguay Redevelopment Area; and
WHEREAS, street lighting on Espola Road. is one public
improvement the Agency desires to construct; and
WHEREAS, the Agency had entered into a repayment agreement
with the City of Poway for financing said public improvement; and
WHEREAS, the Hirsch Ranch Project, identified as TM 40-90-R,
f 4091-R 40`92-R, and 4093-R owned by Imperial'' Savings Association,
' is `in the Paguay Redevelopment Project Area;, and
WHEREAS, said Hirsch Ranch Project public improvements are
currently in progress, of which major improvements are being��,
done on Espola Road; and.
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WHEREAS, the acceptance and execution: of the street light.
agreement for installation of streets on Espola Road in
conjunction with road improvements being made by the. developers
t
of the Hirsch Ranch Project is to the best interest of the Agency
and the City of Poway.
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NOW, THEREFORE, .BE IT RESOLVED that the Poway Redevelopment
Agency does determine and order as follows: -
The Agency accept and approve the agreement and
authorize the. Executive Director to execute said
agreement.on behalf of the Agency.
PASSED, ADOPTED, AND APPROVED by the Poway Redevelopment
Agency, this 10th day of June, 1986.
Carl R. Kruse, Chairman
ATTEST:
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f.
Marjorie K. Wahlsten, Secretary
ATTACHMENT 3 12 of 12 JUN 10 1986 ITEM � �;