Item 11 - Reimbursement Agmt. Between Pacific Scene, Inc. (The Pomerado Group) and the City of PowayAGENDA REPORT 1
CITY OF -POWAY
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This report is included on the Consent Calendar. There will -be no separate discussion of the
report prior to approval by the City Council unless members of the Council, staff or public
request it to be removed from the Consent Calendar and discussed separately. If you wish to E Ca
have this report pulled for discussion, please fill out a slip'ndieating the reportnumber
and give it to the City Clerk prior to the beginning of the City Council meeting.
TO: � honorable: Mayor and Members of the City Council
FROM James L. Eower.sox, City Mana
Alan D Archibald, Director of Public Sery cesUi _,`
INITIATED.BY: `
Alan F. Schuler., Senior Civil EngineerA
DATE': August 5, 1986
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SUBJECT: Reimbursement Agreement Between Pacific Scene, Inc..
(The Pomerado Group) and the City of Poway
ABSTRACT
Pacific Scene, Inc. (The Pomerado Group) was the developer of the
Pomerado Plaza north of Poway Road at Oak Knoll Road. In 1985 the
City Council entered into an agreement concerning allocation of
fees (Attachment 11.. Attachment 2 is a correction of that original
resolution. This new proposed reimbursement agreement (Attachment 3)
formalizes and clarifies that earlier agreement and adds provisions
for additional intersection. improvements. Staff recommends approval
of this reimbursement agreement.
BACKGROUND'
Pacific Scene, Inc., in association with The Pomerado Group,
developed the. Pomerado Plaza at the northeast corner of Poway Road
and Oak Knoll Road in conjunction with Tentative Parcel Map
No. 1671.1. On April 23_, 19850, the City Council approved Resolution {
No. 85-024 which provided for the reimbursement of $3,700 in traffic
signal fees and $68,996 in bridge and thoroughfare fees. The bridge.
and thoroughfare fee paid was actually $65,230, not including the
$3,700 traffic signal fee. The attached. resolution (Attachment 2)
corrects that earlier error. The reimbursement of these fees is
..contingent upon satisfactory installation of a traffic signal at
Oak Knoll Road and Poway Road by Pacific Scene and the reconstruction
of a portion of the Poway Road median at thein eastern boundary.
The reconstruction of the median in Poway Road has been secured by
a cash deposit and will. be completed by the City after activation
of the traffic signal.
ACTION:
AUG 5 1986 ITEM 11
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AGENDA REPORT - July 22, 1986
Reimbursement Agreement Between Pacific Scene, Inc. (The Pomerado
Group) and the City of' Poway
Page 2
The proposed reimbursement agreement also.provides for the City to
reimburse Pacific Scene, Inc.. for certain "Southerly Improvements"
shown.on Exhibit A These, improvements were originally scheduled
to be constructed as part of a City project but were deferred to
allow installation. of the traffic signal.. The $19,262.1.4 to be
reimbursed to Pacific Scene represents their cost for those
improvements..
The traffic signal and associated, improvements are presently under
.
construction. In the near future, Pacific Scene will be bringing
another reimbursement agreement to Council for consideration. In
that case they will be asking several undeveloped properties near
the intersection to.reimburse them for a share of the remaining
cost of the traffic signal.
RECOMMENDATION
It is recommended that.the City Council approve the attached
"Construction Agreement for Reimbursement of Cost of Permanent.
Public improvements.' between The Pomerado Group and the. City of
Poway, and direct its recordation with the County Recorder.upon
proper execution;., and adopt the attached. resolution:..
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Attachments:
1. Resolution No. 85-02
2.. Resolution Correcting" Resolution No. 8:5-.02:4
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3. Construction.Agreement for Reimbursement of Cost
2 o 7 AUG5 1986 ITEM 11
RESOLUrIC T NO. 85-024
A RFSOLUrIC i Cr THE CITY
CLQTEE CITY Cts PLAY, CALIPCRREA
APPROVING THE FEE ALLCC iTION =MEM BETWEEN
PACIFIC SCS, INC., AND THE CITY OF PCJ Y, FOR
THE. C SPRUK.TICH OF A TRAFFIC: SIGNAL
AT THE INTERSE3CPION CV POWAY AND OAK KNOLL BMWS
WHEREAS, Pacific Scene, Inc. desires to have the City of Py approve .the
allocation of fees paid on TPM 16711, Panerado Plaza, and
WHEREAS, the installation of the traffic signal will provide better access
to the P nerado Plazadevelop hent, and , f
WHEREAS, the City Council agrees to reimburse to Pacific Scene, Inc., at the
end of constructions
1. The previously paid fee of $3,700 for the developers share of the
traffic signal costs at Poway Road and: Oak Knoll Road
2 The previously paid bridge and:.thoroughfare fee of $68,996.
WHEREAS, after the installation. of the traffic signal at Oak "moll Road and
Poway Rcad, that the developer be required to reconstruct that portion of the
medianon the eastern boundary, to its original configuration.
PASSED, ADOPZ13D AND APPROVED, by the City Council ,of the City of Pbway,
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Chlifornia, at a regular meeting rg thereof this 23rd day of April, 1985.
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4-ThTh.4rtZi. GV`S.
I+ rjor e;K.., Wahisten, City Clerk
ATTACHMENT 1
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AUG 5 1986 1T E 11
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAh,
CALIFORNIAp APPROVING THE FEE ALLOCATION AGREEMENT BETWEEN
PACIFIC SCENE, INC., AND THE CITY OF POWAY, FOR THE
CONSTRUCTION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF,.
POWAY AND OAR KNOLL ROADS AND RESCINDING RESOLUTION NO. 85-024
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WHEREAS, Pacific Scene, Inc. desires to have the City of Poway
approve the allocation of fees paid on TPN 16711, Pomerado Plaza, and
WHEREAS, the installation of the traffic signal will provide
f better access to the pomerado Plaza development, and
WHEREAS, the City Council agrees to reimburse. to Pacific.
Scene, Inc., at the end of construction:
1 The previously paid fee-. of $3,700 fon the. developer's
share of-'the traffic signal costs at Poway Road. and.
Oak Knoll Road.
2. The previously-aid.bridge.and thoroughfare fee of
$65r296.1
WHEREAS, after, the installation of the traffic signal at
Oak KnollRoad and Poway Road, that the: developer:be required to
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reconstruct that portion of-the median on the eastern boundary to
its original configuration.
WHEREAS, Resolution No. 85-024 incorrectly stated that. the
previously paid bridge and thoroughfare fee was $68,996, and
WHEREAS, the`City Council of the City of Poway hereby rescinds
Resolution No. 85-024.
PASSED, ADOPTED AND APPROVED, by the City.`Council of the City
of Poway, California, at a regular meeting thereof this 5th day_of
August, 1986.
y
Carl R. Kruse, Mayor
ATTEST:
Marjorie R. Wahlsten, City Clerk
ATTACHMENT 2.
AUG 5 1986 !TEM 11
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Recording Requested BY:
)
)
city of Poway )
When Recorded Mail to )
City; Clerk )
City of Poway, )
P V O Box 789 }
Poway, CA 9S 0 6 4 )
(This space for Recorder's use)
CONSTRUCTION AGREEMENT
FOR REIMBURSEMENT OF COST OF PERMANENT
f�. PUBLIC IMPROVEMENTS
TRIS AGREEMENT is made this day -of , 1986
between THE POMERADO GROUP, a California -limited partnership
("Groups') and THE CITY OF POWAY a municipal corporation. ( "City")
with respect to the following:
s'
RECITALS:
A. Group is the owner of certain real property at the
northeast corner of the intersection of Poway Road
and Oak Knoll Road within the city limits of City.
B. Group desires to cause to be installed a traffic.
signal at the intersection and to cause the con--
strdctx*on of certain improvements within: the Poway
Road right-of-way (herein collectively referred to
as the "Improvements") as shown schematically on
Exhibit "A".
C. Group is required to construct and complete certain
improvements known 'as the Poway Road.Southerly Curb
and Southwest Return of Oak Knoll Road ("Southerly
Improvements").as shown schematically on Exhibit "A".
D. City desires that. Group cause such improvements and
Southerly Improvements to be made in accordance
herewith.
E. The parties desire to provide for reimbursement of
costs for the completion of the Improvements and
Southerly Improvements.
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and
other good and valuable "consideration, receipt of which is hereby
acknowledged, the parties agree as follows
ATTACHMENT3
AUG 5 1986 STEM 11
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1. Group hereby agrees to commence and complete
construction of the Improvements and Southerly
Improvements in accordance with all plans and
specifications approved by City, which improvemnts
shall be completed on or before December -31, 1987;
provided, however, any delays caused by events
beyond the control of Group shall extend `the
completion date to the same event. Such events
shall include labor disputes,"fire, unusual delay
in transportation, adverse weather conditions,
=avoidable casualties beyond Group's control
"Completion.Date");.
2. Upon acceptance of the improvements by the City,
City furthermore agrees to reimburse Group $19,262.14
from the Capital Improvement Construction Fund.
44, The improvements shall., be deemed completed when
they are:completed'in accordance V1th the approved.
plans and specifications therefore to the satis.-
faction of the City Engineer.
IN WITNESS WHEREOF the parties have executed this. Agreement
as of the date first above written at San Diego County, California..
THE;.POMERAD`0 GROUP,.
i.
a California limited partnership
. PACIFIC IG SCENE"., INC.
a California corporation
By:
Its
CITY OF POWAY, a Municipal
corporation
By:
Carl -R. Kruse, Mayor
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AUG,5 9986 ITEM 11
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EXHIBIZI
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