Agreement for Future Construction of Public Improvements 2010-0368650APN: 323- 091 -06 and 323 - 482 -12
Poway, California
D a G # 2010-0368650
111111111111111111111111111111111111111111111111111111111111111111 IN
JUL 22, 2010 11:03 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 34.00
PACES: 7
(This space for Recorder's Use)
May 19, 2010
Agreement Date
AGREEMENT FOR FUTURE CONSTRUCTION
OF PUBLIC IMPROVEMENTS
PARKWAY SUMMIT
(TPM 06 -04)
This AGREEMENT for the construction of future transportation improvements is entered
into between the Property Owner, HCP LS Poway II, LLC, of the Parkway Summit
Subdivision (hereinafter referred to collectively as "OWNER ") and the City of Poway
(hereinafter referred to as "CITY ") for the benefit of the CITY, the OWNER, the
successors in interest to the CITY or the OWNER, and the public generally.
WHEREAS, OWNER is the owner of certain real property located in the City of Poway,
California, more particularly described in Exhibit "A" attached hereto (hereinafter
referred to as the "PROPERTY "), which is a subdivision, in accordance with applications
for Tentative Parcel Map No.06 704 which is on file with the CITY. This Agreement is
required as a condition of approval for such development.
The CITY and OWNER agree to construct the following public improvements ( "WORK ")
for the above referenced property as described below and in the locations shown in the
attached Exhibit "B ":
1. Phase One. Roadway improvements for the development of Phase One of 140,000
square -feet include:
(a) Kirkham Way Extension: Extend Kirkham Way from Danielson Street to a
temporary cul -de -sac at North Office Park Driveway.
(b) Scripps Poway Parkway / Pomerado Road: Convert the existing northbound
Number 2 (outside) through lane to a shared through /right -turn lane. Modify
traffic signal to remove existing right -turn overlap phase at the northbound
intersection approach.
Page 1 of 4
I0 -660
RECORDING REQUESTED BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY CA 92074 -0789
APN: 323- 091 -06 and 323 - 482 -12
Poway, California
D a G # 2010-0368650
111111111111111111111111111111111111111111111111111111111111111111 IN
JUL 22, 2010 11:03 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 34.00
PACES: 7
(This space for Recorder's Use)
May 19, 2010
Agreement Date
AGREEMENT FOR FUTURE CONSTRUCTION
OF PUBLIC IMPROVEMENTS
PARKWAY SUMMIT
(TPM 06 -04)
This AGREEMENT for the construction of future transportation improvements is entered
into between the Property Owner, HCP LS Poway II, LLC, of the Parkway Summit
Subdivision (hereinafter referred to collectively as "OWNER ") and the City of Poway
(hereinafter referred to as "CITY ") for the benefit of the CITY, the OWNER, the
successors in interest to the CITY or the OWNER, and the public generally.
WHEREAS, OWNER is the owner of certain real property located in the City of Poway,
California, more particularly described in Exhibit "A" attached hereto (hereinafter
referred to as the "PROPERTY "), which is a subdivision, in accordance with applications
for Tentative Parcel Map No.06 704 which is on file with the CITY. This Agreement is
required as a condition of approval for such development.
The CITY and OWNER agree to construct the following public improvements ( "WORK ")
for the above referenced property as described below and in the locations shown in the
attached Exhibit "B ":
1. Phase One. Roadway improvements for the development of Phase One of 140,000
square -feet include:
(a) Kirkham Way Extension: Extend Kirkham Way from Danielson Street to a
temporary cul -de -sac at North Office Park Driveway.
(b) Scripps Poway Parkway / Pomerado Road: Convert the existing northbound
Number 2 (outside) through lane to a shared through /right -turn lane. Modify
traffic signal to remove existing right -turn overlap phase at the northbound
intersection approach.
Page 1 of 4
I0 -660
(c) Scripps Poway Parkway / State Route 67: Convert the existing southbound
right -turn lane to a free right -turn lane. Modify traffic signal to remove the
existing right -turn overlap phase at the southbound intersection approach.
Convert the existing eastbound shared left- turn /through lane to a shared left-
turn /through /right -turn lane.
2. Phase Two. No roadway improvements are required for the development of Phase
Two of 78,000 square -feet.
3. Phase Three. Roadway improvements for the development of Phase Three of
220,000 square -feet include:
(a) Kirkham Way Extension: Extend Kirkham Way from the temporary cul -de -sac
at North Office Park Driveway to Scripps Poway Parkway. Install new traffic
signals at the Kirkham Way / North Office Park Driveway and Scripps Poway
Parkway / Kirkham Way intersections.
4. Phase Four. Roadway improvements for the development of Phase Four of
147,000 square -feet include:
(a) Scripps Poway Parkway / Community Road: Widen road and provide a
westbound right -turn lane.
(b) Community Road / Stow Drive: Restripe the lanes to convert the existing
shared through /right -turn lane to a dedicated westbound right -turn lane.
Modify traffic signal to provide a right -turn overlap phase at the westbound
intersection approach.
NOW, THEREFORE, for consideration of (a) CITY's approval of the above development
applications and (b) the mutual covenants set forth herein, IT IS HEREBY AGREED AS
FOLLOWS:
1. Transportation Improvements. OWNER agrees, for itself and its successors in
interest, to all or any portion of the PROPERTY, to comply in all respects with the
requirements of the City of Poway Ordinance #649, March 17, 2007, with regards to
the construction of future transportation improvements. Replacement shall be with
an identical type, size and model of transportation improvement, except that the City
Engineer may authorize substitution of an alternative transportation improvement if
he or she determines that it will be more appropriate at the time the improvement is
to be made.
2. Notices. OWNER further agrees that it shall, prior to transferring ownership of any
land, or any lot or portion of the PROPERTY which is served by the above
ordinance, and also prior to transferring ownership of any such transportation
improvement, provide clear written notice of the above described maintenance
obligations to the transferee.
3. Administration of Agreement for CITY. CITY hereby designates the City Engineer
as the officer charged with responsibility and authority to administer this Agreement
Page 2 of 4
on behalf of CITY. Any notice or communication to the City related to the
implementation of this Agreement shall be addressed to:
City Engineer
City of Poway
13325 Civic Center Drive
Poway, CA 92064
4. Defense and Indemnity. CITY shall not be liable for, and OWNER and its
successors in interest shall defend and indemnify CITY and the employees and
agents of CITY (collectively "CITY PARTIES "), against any and all claims, demands,
liability, judgments, awards, fines, mechanic's liens or other liens, labor disputes,
losses, damages, expenses, charges or costs of any kind or character, including
attorneys' fees and court costs (hereinafter collectively referred to as "CLAIMS "),
related to this Agreement and arising either directly or indirectly from any act, error,
omission or negligence of OWNER, OWNER's successors, or their contractors,
licensees, agents, servants or employees, including, without limitation, claims
caused by the concurrent negligent act, error or omission, whether active or passive,
of CITY PARTIES. OWNER shall have no obligation, however, to defend or
indemnify CITY PARTIES from a claim if it is determined by a court of competent
jurisdiction that such claim was caused by the sole negligence or willful misconduct
of CITY PARTIES. Nothing in this Agreement, CITY's approval of the development
application or plans and specifications, or inspection of the work is intended to
acknowledge responsibility for any such matter, and CITY PARTIES shall have
absolutely no responsibility or liability therefore unless otherwise provided by
applicable law.
5. Agreement Binds Successors and Runs With the PROPERTY. It is understood
and agreed that the terms, covenants and conditions herein contained shall
constitute covenants running with the land and shall be binding upon the heirs,
executors, administrators, successors and assigns of OWNER and CITY, shall be
deemed to be for the benefit of all persons owning any interest in the PROPERTY
(including the interest of CITY or its successors in the easement granted herein). It
is the intent of the parties hereto that this Agreement shall be recorded and shall be
binding upon all persons purchasing or otherwise acquiring all or any lot, unit or
other portion of the PROPERTY, who shall be deemed to have consented to and
become bound by all the provisions hereof.
6. Amendment and Release. The terms of this Agreement may be modified only by a
written amendment approved and signed by the Director of Development Services
acting on behalf of CITY and by OWNER or OWNER's successor(s) in interest. This
Agreement may be terminated and OWNER and the PROPERTY released from the
covenants set forth herein, by a release, which CITY may execute if it determines
that another mechanism will assure the requirements of the ordinance.
7. Governing Law and Severability. This Agreement shall be governed by the laws of
the State of California. Venue in any action related to this Agreement shall be in the
Superior Court of the State of California, County of San Diego. In the event that any
of the provisions of this Agreement are held to be unenforceable or invalid by any
Page 3 of 4
court of competent jurisdiction, the validity, and enforceability of the remaining
provisions shall not be affected thereby.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set
forth hereinafter.
For HCP LS Poway II: By: Date: 4 h°
(/.q7i /H �cXGJCNwt7uG✓t
Its: /zAeryOav7
For City of Poway: By: Date: Z
Its: Director of Development Services
Approved as to Form
Office of the City Attorney
�0 C-Q
Lisa A. Foster, City Attorney
Page 4 of 4
3 - 3U-10
Date
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of SQ 641-1
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TNERESAli CARLETT
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who proved to me on the basis of satisfactory evidence to
be the person((K whose name(ay is/0 subscribed to the
within instrument and acknowledged to me that
he /spe/t" executed the same in his/Flef/thOr authorized
capaclty(o, and that by his�/th?fr signature on the
instrument the person, or he entity upon -behalf of
which the persona ted, 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 1.
lA
Place Notary Seel Above Signature ,gnaiure M Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document,
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
• Corporate Officer— Title(s):
• Partner — ❑ Limited ❑ General
• Attorney in Fact
• Trustee
• Guardian or Conservator
❑ Other:
Signer Is Representing:
7HIGHTTHurdBPRINT
Number of Pages:
Signers Nai
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Poway, County of San Diego, State of Califomia, described as follows
Parcel A:
Lot 31 of City of Poway Tract No. 87 -13 Unit 2, Parkway Business Centre, In the City of Poway,
County of San Diego, State of Califomia, according to Map thereof No. 13410, filed in the office
of the County Recorder of San Diego County, April 8, 1997.
Parcel B:
All of the East Half of the East Half of Section 19, Township 14 South, Range 1 West, San
Bemard)no Base and Meridian, in the County of San Diego, State of California, according to
United States Government Survey.
Excepting therefrom that portion lying Southeasterly of the Northwesterly boundary of Record of
Survey Map No. 6420, filed in the Office of the County Recorder of San Diego County, July 8,
1964. Said Northwesterly boundary being the Northwesterly boundary of the City of San Diego,
County of San Diego, State of California as described in Certificate of Compliance recorded
December 10, 1993 as Instrument no. 1993 - 0830668 of Official Records.
Also excepting therefrom that portion granted to the City of Poway a municipal corporation in
Deed recorded October 17, 2000 as Instrument no. 2000-0557205 of Official Records, described
as follows:
That portion of the East one half of the East one half of Section 19, Township 14 South, Range 1
West, San Bernardino Meridian, In the City of Poway, County of San Diego, state of Califomia,
according to Official Plat thereof, described as follows:
Commencing at the common East sixteenth corner of Section 18 and said Section 19, Township
14 South, Range 1 West, San Bernardino Meridian, said point being also the Northeast comer of
City of Poway Tract 87 -13, Unit 2, Map No. 13410; thence Southerly along the Westerly line of
the East one half of the East one half of said Section 19 and the Easterly line of said Map No,
13410, South 01028'09" West, 1338.79 feet to the Northeast corner of Parcel 1 of Parcel Map No.
18003; thence continuing along said Westerly line of the East one half of the East one half of said
Section 19 and the Easterly line of said Parcel 1 South 01033'14" West, 636.26 feet to the true
point of beginning; thence continuing along South 01 033'14" West, 313.56 feet; thence leaving
said Westerly line of the East one half of the East one half of said Section 19 and the Easterly line
of said Parcel 1 South 88 026'46" East, 100.00 feet; thence North 01 033'14" East, 313.56 feet;
thence North 88 026'46" West, 100.00 feet to the true point of beginning.
APN: 323 - 482 -12 -00 and 323 - 091 -06 -00
Exhibit B
PARKWAY SUMMIT
Locations of Required Public Improvements
LEGEND
Phase 1
® Phase 3
Phase 4