Agreement for Reimbursement of Costs of Permanent Public Improvements 2019-0130477RECORDING 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
DOC# 2019-0130477
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Apr 11, 2019 12:28 PM
OFFICIAL RECORDS
Ernest J. Dronenbur®,Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $122.00 (SB2 Atkins: $75.00)
(This space for Recorder's Use)
AGREEMENT FOR REIMBURSEMENT
OF COSTS OF PERMANENT PUBLIC IMPROVEMENTS
(POWAY MUNICIPAL CODE CHAPTER 13.24)
PAGES: 12
This Agreement is entered into this I C1 day of LcArch , 20 16)
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.
Section IV. Descriotion 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 orjudicial 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
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.
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:
CASTIGLIONE TRUST, dated May 29, 2007
L� & -_ � LQU& 4.
Vincenzo Castiglio e, Trustee Elizabeth Q/astiglion , Trustee
CITY OF POWAY, a Municipal Corporation
By:
Steve Vaus, Mayor
Approved as to Form
Office of the City Attorney
Alan Fenstermacher, City Attorney
M:\engserv\000 doc templates\Reimbursement Agreement of Public Improvements 6.09.docx
F1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
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 March 4.2019 before me, Yvonne Mannion Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Vincenzo Castiglione and Elizabeth Castiglione
Names) of Signerls)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 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.
-------------
YVONNE MANNION
Notary Public - California
San Diego County
Commisslon x 2201766
z My Comm. Expires L2 0.1.7.6
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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 I 1AIA Aig A n'+.i
OI Signature of Notary Public
Ij
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: Agreement for reimbursement of costs of permanent public improvements
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
Fl Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
R Other:
Signer Is Representing:
02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
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.
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.
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.
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.
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4142011141110
KINGMAN ROAD WATER MAIN
DESIGN AND CONSTRUCTION COST SUMMARY
Company or Agency ISevice Provided I Total Cost
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. LaMonte
ERB & Associates
ERB & Associates
City of Poway
Total Amount
4
(52258
OF
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
A D Faul Date
RCE No.52258
Expiration Date: 12-31-20
3150
4775
4230
2928
Sub Total 15,083
$ 49,153.00
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
1325 Pacific Highway, g2306,San Diego, CA, 92101
8.34
$ 6,144.13
278-300-53-00
Castiglione Trust 05-29-07
15042 Oak Canyon
Road, Poway, CA
92064
4.47
$ 6,144.13
278-290-11-00
Mark Johnson and Jana M. Hoffman
15114 Oak Canyon
Road, Poway, CA
92064
16.68
$ 6,144.13
278-300-72-00
Mark 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 J. McCollum
15164 Oak Canyon
Road, Poway, CA
92064
3.11
$ 6,144.13
278-300-60-00
Bodiker Family Trust 07-25-03
15210 Oak Canyon
Road, Poway, CA
92064
6.79
$ 6,144.13
278-300-50-00
John Bailey
15302 Oak Canyon
Road, Poway, CA
92064
4.57
$ 6,144.13
278-300-59-00
John D. Simmons Trust 05-17-04
15380 Oak Canyon
Road, Poway, CA
92064
8.32
$ 6,144.13