Agreement for Reimbursement of Costs of Permanent Public Improvements 1986-322042
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Recording R~ques~ed By: ) :-i~:' J'~I 3\ fll \: 01
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City of poway ) ~VER.i', !_, !,YLE J
) COUNl Y ?::ORu[~
When Recorded Mail '1'0: )
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City Clerk )
City of poway )
P.O. Box 789 )
Poway, 0\ 92064 )
) NOFEf.
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AGREEMENT FOR REIMBURSEMENT
OF cos'rs OF PERMANENT PUBLIC IMPROVEMENTS
(POWAY MUNICIPAL CODE CHAPTER 13.24)
This Agreemen~ is en~ered in~o this 8th day of Julv ,
198 --2- , by and between Rafael Aguilo And Ana M a rl,a Agu i 1 0 ,
a(n) married, h.usband and wlfe , hereinafter
refe I' red ~o as "Owner'" and ~he City of Poway, a municipal corpora-
tion, hereinafter referred to as "City," for ~he reimbursel1lent of
cos~s expended by Owner for the installati'on of permanent public
improvements. The parties hereto agree as follows:
Section .!..." Authority
The City is au,thorized by its general police powers and by
statutory and case law to require Owner to install those certain
permanent improvemen ts hereinafter descd bed as a condi tion of
approval of sewer maIn extension on Golden Sunset Trail
between Espola and Crocker Roads
Plan # 801-04-175
which improvements behef i t those properties hereinafter descri bed
as "benefiting prope'r,ties" not participating in the cost thereof.
The City is authorized to provide a me,thod for partial reimburse-
ment, for the cos~s of such improvemen tis' from such nonpartici'pating
property, owners in accordance with Chapter 13.24 of the poway
~unicipal 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 13.24.02 of the poway Munici pal Code.
Section III. Description of Prooerties Affected
The real properties affected by this Agreement shall be the
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property ,Owner legally described in Exhibit 1 attached hereto and
the benefitrng propert ies legally dE!sc!:,.ibed in Exhibit 2. The
obligation <:if'the owner of each benefiti ng property shall become a
lien upon such property for the term, hereo'f, payable only as a
condi tion of ,approva 1 of .any development of the bene f i ti ng pro-
perty, provided that the imposition of such condition shall be
reasonably rela tedto such development. Such obligation shall be a
lien upon and run with the land and shall be binding up'on the
subsequen t owners of the benefiting property during the term here-
of.
Section IV. Descr i ption of Improvements
The precise locations of all improvements subject to re i m-
bursement and the complete dimensions ( including frontage) of all
benefi ti ng properties are set forth in Exhi bit 3 attached hereto.
Section V. Reimbursement Schedule
The Reimbursement Schedule in the for,m requi red by poway
Municipal Code Sec,. 13.24.040c, as approved by the Ci ty Counci 1 of
the City of poway after public hearing, is attached hereto as
Exhi bit 4. All references in this Agreement to re imbursemen t or to
a reimbursement schedule shall mean reimbursement in accordance
with the te rms of this Agreement and Exhibit 4.
Section VI. "Term
The term of this Agreement and all obligations and liens
created hereby shall be ten (10 ) years fro~ the date of this Agree-
ment 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 bene,f i ti ng properties shall
be under no obligation to Owner pursuant hereto, and any lien
created hereby shall automatically and without any further adminis-
tra ti ve or judicial process whatsoever, be null and void and of no
further force or ef fect.
Section VII. Aqreement of Payment for Reimbursement
After public headng as pr.ovided in 'poway Municipal Code
13.24, and upon execution hereof by Ci ty, City agrees during the
term hereof to collect from the owners of the benefiting proper-
ties, those owners shall pay to the Ci'ty, and the City shall reim-
burse to Owner those benefit charges set forth in the Reimbursement
Schedule, plus interest of five percent (5% ) per year compounded
annually, less the admi ni stra ti ve charge provided in Chapter 13.24;
provided, hO\f?ever', the Ci ty shall neither collect nor reimburse any
sum which is not reasonably related to the development of a bene-
fiting property. The method and obiigation to reimburse Owner
shall be subject to the te rms of Chapter 13.24 of the poway Munici-
pal Code, as the same may, from time to time be amended. Any
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amendment qr, r,€'peal of Chapter 13. 24gec,reasing the entitlement of
" Owner herein shall be binding upon Owne'r, herein immediately upon
the effettivedate of such amendment orr,epea'l. Owner ag rees tha,t
this Agreemeh~ shall be automaticaUy ,amended by such repeal or
amendment of Chapter 13.24, effectiv~ the effective da~e of such
repeal or amendment'. No amendment of Chapter 13.24 purpor~ing to
increas~ the'li~bility of a benefiting owner shall be binding upon
a benef i,ti ng owner herein or upon the City hereinunder. In the
even,t of a conflict between the terms hereo.E and the requirements
of Chapter 13.24, the requirements of Chapter 13.24 sha 11 control.
Benefit charges shall be paid, collected, and reimbursed in
accordance with the terms of Section 13~24.070 of the poway Munic-
pal Code in effect at the time of such payment, subject to the
terms of this Section VII.
Section VIII. Trust Aqreement
Promptly upon collection of all or any part of a benefit
charge, the City sha 1.1 depos i t such funds ,in a loca 1 financial
insti tution in a ~eparate account in the ,name of the Ci ty 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 timesBs are convenient to the City, but in no even t
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 enti tled to
payment. City shall be entitled topaymen t of its administrative
charges of five percent (5%) of all amounts deposited plus all
interest income on the full amounts deposited except the five
percent ( 5% ) interest payable to Owner. The right of Owner to
payments from said trust accoun't shall be personal and shall not
run with th~ property of Owner, be assignable by Owner, or survive
the death or dissolution of Owner. In the: event of death or dis-
solution of Owner, all monies on deposit in said trust account
shall be automaticglly, immediately, and wlthout notice or adminis-
tra ti ve or judicial process payable to City.
Sect,ion IX. Hold Harmless ~ Owner
Owner hereby agrees to indemnify and hold harmless the City
from any liability whatsoever, based upon any legal theory what-
ever, for any loss or damage direct or consequential, to Owner
resulting from the failure of the City to collect all or any part
of any benefit charge collectible hereunder or resulting from the
failure of the Ci ty to pay to Owner in timely manner any trust
funds to which Owner is entitled. Owner specifidally agrees that
it is wi,thin' 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 developme'nt of a benefiting
property. I'E , in the even t of such a determination by City, City
collects less than the full benefi t charge at the time of develop
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ment, Cityreta'ins the right to collect the balance of the benefit
charge upqn fUICtttE!r development, and Owner wai'vesand releases City
from any',claim 'i,t may otherwise have to require 'City to collect the
full amoimt 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 execu-
tion hereof and prcnnptly following acceptance of the subject im-
provements by the City. If for any reason this Agreement is not
record'ed, Owner holds City harmless from any loss or damage arising
therefrom.
Section XI. Voidabi li ty
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 af the City Council declaring
this Agreement null and void for failulCe 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 ve n ue for any li tigation arising
herefrom shall be the County of San Diego, State of California.
Section XIII. Severability
If any section, subsection, sentence', clause, or phrase of
this Agreement is for any reason held to be invalid or unconstitu-
tional, such decision shall not affect the validity of the re-
maining portions. The parties agree that they would have entered
into this Agreement and each section, subsection, clause, and
phrase thereof irrespective of the fact tha,t any one or more sec-
tions, subsections, sentences, clauses or phrases be declared in-
valid or unconsti't'lltiohal, and wou19 have approved the same even
though any parts, sections, subsections, sentences, clauses, or
phrases that may be held invalid had been omitted therefrom.
poway, California, on the date first stated above.
ENT
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uilo
HERA D R.
CITY POWAY,
By
, Mayor
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ST,(1'EOF C'A'Ci FORNIA, . l~i
iiI" )SS
E ,COCNTY OF 1 O~ AIlgplp~ FOR No"TARY SEAL OR STAMP
" 31 .' May , 1986
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, be Ihe pccs"n '"h,;so name i;sub;eribcd 10 Ihi,ins!rum,nl, and "knowlcd&cd ' ,c> :' NOTARY PUBlIC- CALIFORNIA
~ thaLhe (~he or they) cxccull.:d il.
= _ , " LDSAHGElES OOUIllY
'1(, ;.... My comm. expires" AUG. 30. 1981 )
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