Res 11-010RESOLUTION NO. 11 - In
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA APPROVING AN AMENDED AND
RESTATED COOPERATION AGREEMENT BETWEEN
THE CITY AND THE POWAY REDEVELOPMENT AGENCY
AND MAKING CERTAIN DETERMINATIONS AND
FINDINGS RELATED THERETO
WHEREAS, the City Council of the City of Poway (the "City Council ") adopted
the Redevelopment Plan for the Paguay Redevelopment Project Area (the `Project
Area ") on December 13, 1983 by Ordinance No. 117, as amended by Ordinance No.
415 on June 15, 1993, Ordinance No. 439 on December 13, 1994, Ordinance No.
593 on December 2, 2003, Ordinance No 605 on August 17, 2004, Ordinance No.
611 on October 26, 2004, Ordinance No. 641 on July 18, 2006, and Ordinance No.
657 on June 12, 2007 (the "Redevelopment Plan "), which results in the allocation of
taxes from the Project Area to the Agency for purposes of redevelopment; and
WHEREAS, the intent of the Redevelopment Plan is, in part, to provide for the
construction and installation of necessary public infrastructure and facilities and to
facilitate the repair, restoration and /or replacement of existing public facilities and to
perform specific actions necessary to promote the redevelopment and the economic
revitalization of the Project Area, and to take all other necessary actions to
implement the Redevelopment Plan for the Project Area and to expend tax
increment to accomplish the goals and objectives of the Redevelopment Plan; and
WHEREAS, the Poway Redevelopment Agency (the "Agency') has adopted
its Five -Year Implementation Plans for the Project Area, as amended from time to
time (the "Implementation Plans ") with established goals to support affordable
housing, economic development, community revitalization, commercial revitalization,
and institutional revitalization. To implement the programs and activities associated
with each goal, the Agency has made redevelopment fund commitments based on
estimated available tax increment revenue and debt financing structures; and
WHEREAS, the Agency and the City of Poway (the "City ") wish to cooperate
with one another to bring about the redevelopment of the Project Area and
accomplish various tasks set forth in the Redevelopment Plan and the
Implementation Plans; and
WHEREAS, pursuant to Section 33220 of the California Community
Redevelopment Law (Health and Safety Code Section 33000 et seq.) (the "CRL ")
certain public bodies, including the City may aid and cooperate in the planning,
undertaking, construction, or operation of redevelopment projects; and
WHEREAS, the City and the Agency have previously entered into that certain
Amended and Restated Cooperation and Repayment Agreement Redevelopment
Agency of the City of Poway dated January 18, 2011 (the "Previous Agreement'),
which agreement restated in its entirety the Cooperation Agreement between the
City and the Agency dated September 27, 1983 and now wish to amend and restate
the Previous Agreement to include additional projects to be carried out by the City
and to provide for the payment by the Agency of the City's costs arising from or
related to those projects.
WHEREAS, the Agency and the City have prepared an Amended and
Restated Cooperation Agreement (the "Agreement ") to provide for implementation of
certain projects set forth in the Schedule of Projects attached thereto as Exhibit 1
(the "Projects "), and to make payments by the Agency to the City in accordance with
the Payment Schedule attached thereto as Exhibit 2 and as otherwise necessary to
pay the City for the cost to the City of performing its obligations thereunder, subject
to all of the terms and conditions of the Agreement; and
WHEREAS, the programs and activities associated with the Projects include,
but are not limited to, acquisition and disposition of property, development of design
criteria, design, planning, preparation of construction bid documents, financial
analysis, financing and new construction or rehabilitation, construction management,
asset management and administration of agreements; and
WHEREAS, to carry out the Projects in accordance with the objectives and
purposes of the Redevelopment Plan for the Project Area and the Implementation
Plans, the Agency desires assistance and cooperation in the implementation and
completion of the Projects and the City wishes to enter into the Agreement with the
Agency to aid the Agency and cooperate with the Agency to expeditiously implement
the Projects in accordance with the Redevelopment Plan for the Project Area and the
Implementation Plans and undertake and complete all actions necessary or
appropriate to ensure that the objectives of the Redevelopment Plan for the Project
Area and the Implementation Plans are fulfilled within the time effectiveness of the
Project Area; and
WHEREAS, in considering the Agency's desire to ensure timely
implementation and completion of the Projects, the Agency wishes to enter into the
Agreement with the City for the pledge of net available tax increment to finance the
Projects in order to facilitate the implementation of the Projects and to provide
funding necessary to effectuate the completion of the Projects with net available tax
increment in this current fiscal year and forthcoming fiscal years; and
WHEREAS, net available tax increment is defined as any tax increment, net
of existing debt service payments, and existing contractual obligations received by
the Agency or any lawful successor of the Agency and /or to any of the powers and
rights of the Agency pursuant to any applicable constitutional provision, statute or
other provision of law now existing or adopted in the future, and
WHEREAS, the pledge of net available tax increment will constitute
obligations to make payments authorized and incurred pursuant to Sections 33445
and 33445.1 of the CRL and other applicable statutes and the obligations set forth in
the Agreement will be contractual obligations that, if breached, will subject the
Agency to damages and other liabilities or remedies; and
WHEREAS, by approving and entering into the Agreement, the Agency will
approve the pledge of net available tax increment from the Project Area to pay for
the Projects and in the event that additional funds are required in order to make the
Agency payments to the City required by the Agreement, the Agency shall make
such payments from income received by the Agency from its projects and programs
or any other additional funds available to it; and
WHEREAS, the obligations of the Agency under the Agreement shall
constitute an indebtedness of the Agency for the purpose of carrying out the
Redevelopment Plan for the Project Area; and
WHEREAS, it is in the best interests of the City and for the common benefit of
residents, employees, business tenants and property owners within the Project Area
and the City as a whole for the Projects to be developed and constructed; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, the City Council of the City of Poway does hereby
resolve as follows:
Section 1. The City Council has received and heard all oral and written
objections to the proposed payments by the Agency to the City for the Projects as
described in the Agreement, and to other matters pertaining to this transaction, and
all such oral and written objections are hereby overruled.
Section 2. The City Council hereby finds and determines that the foregoing
recitals are true and correct.
Section 3. Based on the evidence in the record, the City Council hereby
finds and determines, with respect to the Projects that are publicly owned and are
located inside or contiguous to the Project Area, that:
(a) Said Projects and the programs and activities associated
therewith are of benefit to the Project Area by helping to eliminate blight within the,
Project Area or providing housing for low- or moderate income persons; and
(b) No other reasonable means of financing said Projects
and the programs and activities associated therewith are available to the community;
and
(c) The payment of funds by the Agency for the costs related
to said Projects and the programs and activities associated therewith is consistent
with the Implementation Plan adopted pursuant to Section 33490 of the CRL.
Section 4. Based on substantial evidence in the record, the City Council
hereby finds and determines, with respect to the Projects that are publicly owned
that are located outside and not contiguous to the Project Area but are located within
the community that:
(a) Said Projects and the programs and activities associated
therewith are of primary benefit to the Project Area;
(b) Said Projects and the programs and activities associated
therewith benefits the Project Area by helping to eliminate blight within the Project
Area, or will directly assist in the provisions of housing for low- or moderate - income
persons;
(c) No other reasonable means of financing the Projects and
the programs and activities associated therewith are available to the community in
accordance with Section 33445.1(a)(3) of the CRL;
(d) The payment of funds for said Projects and the programs
and activities associated therewith is consistent with the Implementation Plan
adopted pursuant to Section 33490 of the CRL; and
(e) Said Projects and the programs and activities associated
therewith are provided for in the Redevelopment Plan.
Section 5. Based on the evidence in the record, the City Council hereby
finds and determines, with respect to the use of low- and moderate income housing
funds for those Projects that include low and moderate income housing and are
located outside of the Project Area that such use will be of benefit to the Project Area
in accordance with Section 33334.2 of the CRL.
Section 6. The City Council hereby consents to the payments by Agency to
City in accordance with the Schedule of Payments attached to the Agreement as
Exhibit 2.
Section 7. The Agreement in substantially the form presented Ito the City
Council is hereby attached.
Section 8. The City Manager, or designee, is hereby authorized to execute
the Agreement on behalf of the City, together with such non - substantive changes
and amendments as may be approved by the City Manager and the City Attorney.
Section 9. The City Manager, or designee, is hereby authorized, on behalf
of the City, to sign all documents necessary and appropriate to carry out and
implement the Agreement, and to administer the City's obligations, responsibilities
and duties to be performed under the Agreement.
Section 10. In the event the Agency desires to issue bonds, notes, or other
instruments of indebtedness of the Agency to carry out redevelopment projects, then
any indebtedness of the Agency to the City arising from the Agreement, including
any interest accrued thereon, shall be deemed not to be a first pledge of tax
increment allocations received by the Agency pursuant to Section 33670 of the CRL
and any indebtedness of the Agency to the City, including any interest accrued
thereon, shall be subordinate to any pledge of tax increments to bondholders or the
holders of other such instruments of indebtedness.
Section 11. This Resolution shall take effect immediately upon its adoption.
PASSED, ADOPTED AND APPROVED by the City Council of the City of
Poway at a special meeting this 11 th day of March, 2011.
Don Higginson, May r
City of Poway
ATTEST:
Troyan, MMC
Resolution No. 11 -010
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, City Clerk, City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 11 -010 was duly adopted by the City Council
at a meeting of said City Council held on the 11th day of March, 2011, and that it was so
adopted by the following vote
AYES. GROSCH, MULLIN, CUNNIGHAM, HIGGINSON
NOES NONE
ABSENT: BOYACK
DISQUALIFIED NONE
n A. Troyan, MMC
CJ y Clerk
AMENDED AND RESTATED COOPERATION AGREEMENT
BETWEEN THE CITY OF POWAY AND POWAY REDEVELOPMENT AGENCY
FOR PAYMENT OF COSTS ASSOCIATED WITH CERTAIN REDEVELOPMENT
AGENCY FUNDED PROJECTS
THIS AMENDED AND RESTATED COOPERATION AGREEMENT (this
"Agreement") is entered into this 11th day of March, 2011, by and between the CITY OF
POWAY, a municipal corporation (the "City ") and the POWAY REDEVELOPMENT
AGENCY, a public body, corporate and politic (the "Agency "), with reference to the following
facts:
A. The City Council of the City of Poway (the "City Council ") adopted the Redevelopment
Plan for the Paguay Redevelopment Project Area (the "Project Area ") on December 13, 1983
by Ordinance No. 117, as amended by Ordinance No. 415 on June 15, 1993, Ordinance No. 439
on December 13, 1994, Ordinance No. 593 on December 2, 2003, Ordinance No. 605 on August
17, 2004, Ordinance No. 611 on October 26, 2004, Ordinance No. 641 on July 18, 2006, and
Ordinance No. 657 on June 12, 2007 (the "Redevelopment Plan "), which results in the
allocation of taxes from the Project Area to the Agency for purposes of redevelopment.
B. The intent of the Redevelopment Plan is, in part, to provide for the construction and
installation of necessary public infrastructure and facilities and to facilitate the repair, restoration
and /or replacement of existing public facilities and to perform specific actions necessary to
promote the redevelopment and the economic revitalization of the Project Area, and to take all
other necessary actions to implement the Redevelopment Plan for the Project Area and to expend
tax increment to accomplish the goals and objectives of the Redevelopment Plan.
C. The Agency has adopted its Five -Year Implementation Plans for the Project Area, as
amended from time to time (collectively, the "Implementation Plans ") with established goals to
support, in part, economic development, community revitalization, commercial revitalization,
and institutional revitalization. To implement the programs and activities associated with each
goal, the Agency has made redevelopment fund commitments and budget allocations based on
estimated available tax increment revenue and debt financing structures.
D. Pursuant to Section 33220 of the California Community Redevelopment Law (Health and
Safety Code Section 33000 et seq.) (the "CRL "), certain public bodies, including the City may
aid and cooperate in the planning, undertaking, construction, or operation of redevelopment
projects.
E. The City and the Agency have previously entered into that certain Amended and Restated
Cooperation and Repayment Agreement Redevelopment Agency of the City of Poway dated
January 18, 2011 (the "Previous Agreement "), which agreement restated in its entirety the
Cooperation Agreement between the City and the Agency dated September 27, 1983. The City
and the Agency now wish to amend and restate the Previous Agreement to include additional
projects to be carried out by the City and to provide for the payment by the Agency of the City's
costs arising from or related to those projects. Collectively, the projects associated with this
Amended and Restated Cooperation Agreement
Between the Poway Redevelopment Agency and the City of Poway
Page 1
Agreement are listed in the attached Exhibit 1 , which is incorporated herein by this reference (the
"Projects ").
F. The programs and activities associated with the Projects include but are not limited to
acquisition and disposition of property, development of design criteria, design, planning,
preparation of construction bid documents, financial analysis, financing and new construction or
rehabilitation, construction management, asset management and administration of agreements.
To carry out the Projects in accordance with the objectives and purposes of the Redevelopment
Plan for the Project Area and the Implementation Plans, the Agency desires assistance and
cooperation in the implementation and completion of the Projects. The City agrees to aid the
Agency and cooperate with the Agency to expeditiously implement the Projects in accordance
with the Redevelopment Plan and the Implementation Plans and undertake and complete all
actions necessary or appropriate to ensure that the objectives of the Redevelopment Plan and the
Implementation Plans are fulfilled within the time effectiveness of the Project Area.
G. In considering the Agency's desire to ensure timely implementation and completion of
the Projects, the Agency wishes to enter into this Agreement with the City for the pledge of net
available tax increment to finance the Projects. The purpose of this Agreement is to facilitate the
implementation of the Projects and to provide funding necessary to effectuate the completion of
the Projects with net available tax increment in this current fiscal year and forthcoming fiscal
years.
H. Net available tax increment is defined as any tax increment, net of existing debt service
payments and existing contractual obligations, received by the Agency or any lawful successor
of the Agency and/or to any of the powers and rights of the Agency pursuant to any applicable
constitutional provision, statute or other provision of law now existing or adopted in the future.
The pledge of net available tax increment will constitute obligations to make payments
authorized and incurred pursuant to Section 33445 and other applicable statutes. The obligations
set forth in this Agreement will be contractual obligations that, if breached, will subject the
Agency to damages and other liabilities or remedies.
I. The City Council and the Agency by resolution have each found that the use of Agency
redevelopment funding for the Projects is in accordance with Section 33445 of the CRL and
other applicable law. The said City Council and Agency resolutions are each based on the
authority of the Agency, with the consent of the City Council, to pay all or part of the cost of the
installation and construction of any building, facility, structure, or other improvements which is
publicly owned either within or outside a Project Area, if the City Council makes certain
determinations.
J. By approving and entering into this Agreement, the Agency has approved the pledge of
net available tax increment from the Project Area to pay for the Projects.
K. The obligations of the Agency under this Agreement shall constitute an indebtedness of
the Agency for the purpose of carrying out the Redevelopment Plan for the Project Area.
NOW, THEREFORE, the parties hereto do mutually agree as follows
Amended and Restated Cooperation Agreement
Between the Poway Redevelopment Agency and the City of Poway
Page 2
I. INTRODUCTORY PROVISIONS
The recitals above are an integral part of this Agreement and set forth the intentions of
the parties and the premises on which the parties have decided to enter into this Agreement.
II. AGENCY'S OBLIGATIONS
1. The Projects are those projects which are listed on the attached Exhibit 1 . The
Agency agrees to pay to the City an amount equal to the cost to the City to carry out the Projects,
including without limitation all costs incurred by the City for the acquisition and disposition of
property, development of design criteria, design, planning, preparation of construction bid
documents, financial analysis, financing and new construction or rehabilitation, construction
management, asset management and administration of agreements and the City's administrative
costs in carrying out the Projects, including the City's overhead, payroll and benefits, insurance,
supplies, telephone, copying, fixtures, furniture, equipment, legal, accounting and other
professional fees and costs and other reasonable, customary and lawful administrative expense of
the City related to carrying out the Projects. The Agency's obligations under this Agreement,
including without limitation the Agency's obligation to make the payments to the City required
by this Agreement, shall constitute an indebtedness of the Agency for the purpose of carrying out
the redevelopment of the Project Area and are obligations to make payments authorized and
incurred pursuant to Sections 33445 of the CRL and other applicable statutes. The obligations of
the Agency set forth in this Agreement are contractual obligations that, if breached, will subject
the Agency to damages and other liabilities or remedies.
2. The obligations of Agency under this Agreement shall be payable out of net
available tax increment, as defined in the above recitals and/or as defined or provided for in any
applicable constitutional provision, statute or other provision of law now existing or adopted in
the future, levied by or for the benefit of taxing agencies in the Project Area, and allocated to the
Agency and /or any lawful successor entity of the Agency and /or any entity established by law to
carry out the Redevelopment Plan for the Project Area and /or expend tax increment or pay
indebtedness of the Agency to be repaid with tax increment, pursuant to Section 33670 of the
CRL or any applicable constitutional provision, statute or other provision of law now existing or
adopted in the future, in amounts not less than those set forth in the Payment Schedule attached
hereto as Exhibit 2 and incorporated herein by this reference. In the event that additional funds
are required in order to make the Agency payments to the City required by this Agreement, the
Agency shall make such payments from income received by the Agency from its projects and
programs or any other additional funds available to it.
3. The indebtedness of Agency under this Agreement shall be subordinate to the
rights of the holder or holders of any existing bonds, notes or other instruments of indebtedness
(all referred to herein as "indebtedness ") of the Agency incurred or issued to finance the Project
Area, including without limitation any pledge of tax increment revenues from the Project Area to
pay any portion of the principal (and otherwise comply with the obligations and covenants) of
any bond or bonds issued or sold by the Agency with respect to the Project Area.
Amended and Restated Cooperation Agreement
Between the Poway Redevelopment Agency and the City of Poway
Page 3
4. All payments due to be made by the Agency to the City under this Agreement
shall be made by the Agency in accordance with the schedule set forth in Exhibit 2 and as
otherwise necessary to reimburse the City for the cost to the City of performing its obligations
hereunder. The City shall provide the Agency with an annual report accompanied by evidence
reasonably satisfactory to the Agency's Executive Director that the City has progressed in the
development and construction of the Project for which payment is made by the Agency
commensurate with such payments and has incurred costs or obligations to make payments equal
to or greater than such amount. The Agency shall make the payments to the City required under
this Agreement on or before the first day of each Fiscal Year beginning with the Fiscal Year
immediately following the date of this Agreement. Notwithstanding the foregoing, the Agency
may at any time and from time to time prepay to the City all or any portion of the payments
required under this Agreement prior to the due date of such payments.
III. CITY'S OBLIGATIONS
1. The City shall accept any funds offered by the Agency pursuant to this Agreement
and shall devote those funds to completion of the Projects by (i) reimbursing the City or using
such funds to make City expenditures to perform the work required to carry out and complete the
Projects; (ii) utilizing such funds to pay debt service on bonds or other indebtedness or
obligations that the City has or will incur for such purposes; and/or (iii) paying such funds into a
special fund of the City to be held and expended only for the purpose of satisfying the
obligations of the City hereunder.
2. It is the responsibility of the City to pay all development and construction costs in
connection with the Projects from funds paid to the City by the Agency under this Agreement.
3. The City shall perform its obligations hereunder in accordance with the applicable
provisions of federal, state and local laws, including the obligation to comply with environmental
laws, including but not limited to the applicable requirements of the California Environmental
Quality Act, and shall timely complete the work required for each Project in accordance with the
Schedule of Performance included in Exhibit 1 and incorporated herein by this reference.
IV. LIABILITY AND INDEMNIFICATION
In contemplation of the provisions of California Government Code section 895.2
imposing certain tort liability jointly upon public entities solely by reason of such entities being
parties to an agreement as defined by Government Code section 895, the parties hereto, as
between themselves, pursuant to the authorization contained in Government Code sections 895.4
and 895.6, shall each assume the full liability imposed upon it, or any of its officers, agents or
employees, by law for injury caused by negligent or wrongful acts or omissions occurring in the
performance of this Agreement to the same extent that such liability would be imposed in the
absence of Government Code section 895.2. To achieve the above - stated purpose, each party
indemnifies, defends and holds harmless the other party for any liability, losses, cost or expenses
that may be incurred by such other party solely by reason of Government Code section 895.2.
V. ENTIRE AGREEMENT; WAIVERS; AND AMENDMENTS
Amended and Restated Cooperation Agreement
Between the Poway Redevelopment Agency and the City of Poway
Page 4
I . This Agreement shall be executed in duplicate originals, each of which is deemed
to be an original. This Agreement consists of five (5) pages, one (1) signature page and two (2)
Exhibits, which constitute the entire understanding and agreement of the parties.
2. This Agreement integrates all of the terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations or previous agreements between the parties
with respect to the subject matter of this Agreement.
3. This Agreement is intended solely for the benefit of the City and the Agency.
Notwithstanding any reference in this Agreement to persons or entities other than the City and
the Agency, there shall be no third party beneficiaries under this Agreement.
4. All waivers of the provisions of this Agreement and all amendments to this
Agreement must be in writing and signed by the authorized representatives of the parties.
VI. SEVERABILITY
If any term, provisions, covenant or condition of this Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall
continue in full force and effect unless the rights and obligations of the parties have been
materially altered or abridged by such invalidation, voiding or unenforceability.
VII. DEFAULT
If either party fails to perform or adequately perform an obligation required by this
Agreement within thirty (30) calendar days of receiving written notice from the non - defaulting
party, the party failing to perform shall be in default hereunder. In the event of default, the non -
defaulting party will have all the rights and remedies available to it at law or in equity to enforce
the provisions of this contract, including without limitation the right to sue for damages for
breach of contract. The rights and remedies of the non - defaulting party enumerated in this
paragraph are cumulative and shall not limit the non - defaulting party's rights under any other
provision of this Agreement, or otherwise waive or deny any right or remedy, at law or in equity,
existing as of the date of the Agreement or hereinafter enacted or established, that may be
available to the non - defaulting party against the defaulting party. All notices of defaults shall
clearly indicate a notice of default under this Agreement.
VIII. BINDING ON SUCCESSORS
This Agreement shall be binding on and shall inure to the benefit of all successors and
assigns of the parties, whether by agreement or operation of law. This Agreement shall survive
any full or partial merger of the City and the Agency and shall remain in effect and be fully
enforceable according to its terms.
Amended and Restated Cooperation Agreement
Between the Poway Redevelopment Agency and the City of Poway
Page 5
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
set forth above.
CITY OF POWAY,
a municipal corporation
POWAY REDEVELOPMENT AGENCY,
a public body, corporate and politic
Attest:
B:
m Troyan, City Clerk
C
I_ IT;
L "-'�-Yrroyan, Agency Secretary
Approved as to form:
KANE, BALLMER & BERKMAN
By: l'
eborah L. Rhoads
Agency Special Counsel
Amended and Restated Cooperation Agreement
Between the Poway Redevelopment Agency and the City of Poway
Page S -1
EXHIBIT I
SCHEDULE OF PROJECTS
[Behind this Page]
Revitalization Proiects
Subtotal
Flood Control Imorovements
$25,000,000
Project Name
Description
Estimated Cost
Project
zra ane rainage
zra ane area
$1,000,000
Completed on
Project Name
Description
(2011 dollars)
or before:
assembly and disposition and
Redevelopment through site assembly
$20,000,000
06/30/37
development
and disposition and development
$2,300,000
06/30/16
Commercial e a i a ion
Uommercial rehabilitation
$5,000,000
06/30/37
Subtotal
Flood Control Imorovements
$25,000,000
Project Name
Description
Estimated Cost
(2011 dollars)
Project
Completed on
or before:
zra ane rainage
zra ane area
$1,000,000
06/30/16
Rattlesnake ree
an oa
$650,000
06/30/16
KattlesnaKe CreeK
Midland oa at win Peaks Road
$450,000
06/30/16
Rattlesnake ree
o of oun ain Road
$2,300,000
06/30/16
Rattlesnake Creek
North of win Peaks Road and Midland
Road
$4,200,000
06/30/16
Rattlesnake Creek
Orange Blossom Lane at Midland Road
$187,500
06/30/16
Rattlesnake Creek Detention Basin
Rattlesnake Canyon
$700,000
06/30/16
P oway Greek
1pava Drive to Poway Road
$500,000
06/30/21
Poway Creek
North of ora venue an ow oin
Road
$750,000
06/37/21
Poway Ureek
Poway Road to Oak R — no7rR - 337 —
$300,000
06/30/21
omera o Creek
Oak no oa to Poway ree
$275,000
06/30/21
Midland oa Storm drain (Phase
11)
Midland Road gsten to Edgemoor,
East to Eastern
$1,100,000
06/30/21
Rattlesnake Creek
Northwest of spoa Road and Del
Poniente
$1,050,000
06/30/21
Rattlesnake ree
spoa Road and Del omene
$750,000
06/30/21
Rattlesnake Creek
Twin Peaks Road to I ierra Bonita
Road RCB
$375,000
06/30/21
Rattlesnake Creek
Twin Peaks Road o terra onita
Road Trap
$250,000
06/30/26
Rattlesnake Creek
West end of zra Lane to I terra Bonita
Road
$367,500
06/30/26
Rattlesnake Creek RCB
U — Msp — ora=eet south of win
Peaks Road to Mountain Road
$862,500
06/30/26
Rattlesnake Creek RCB
spoa oa erome to mountain
Road
$850,000
06/30/26
P oway C reek
Sycamore Canyon
$1,500,000
06/30/26
P oway Creek
Sycamore Uanyon Road
$500,000
06/30/26
Poway Creek
Sycamore Uanyon to Sycamore
Canyon Road
$500,000
06/30/26
omera o Road Bridge at ee er
Creek
Old Pomerado Road
$750,000
06/30/31
Stage Stop Storm rain
East of omera o Road
$1,000,000
06/30/31
Rattlesnake ree
as of roc er Road
$1,450,000
06/30/31
!Rattlesnake ree
as of spoa Road
$1,050,000
06/30/31
Subtotal
Traffic Circulation System Improvements
$35,542,500
Project Name
Des lion
Estimated Cost
Project
oway oa eria
spoa oa o segment
$14,000,000
Completed on
Project Name
Description
(2011 dollars)
or before:
Rattlesnake Creek
Edgemoor Street
$950,000.
06/30/31
Carriage Road
Bridge at oway Gree
$275,000
06/30/31
Rattlesnake Creek
Edgemoor Street to Community Road
$6,250,000
06/30/37
N. Fork oway ree a ention
Mass transit (light rail)
$1,000,000
06/30/31
Basin
East of Garden Road
$8,500,000
06/30/37
S. Fork oway Creek Detention
Willow Ranch Road to I win FleaKS
Road
$450,000
06/30/31
Basin
East of Sycamore Canyon Road
Flood on ro Improvements at Oak
$3,100,000
06/30/37
Poway Creek
Knoll Road
$950,000
06/30/37
Poway Creek
Poway Road, west of Silver Lake Drive
P oway Greek
Detention basin to ar en oa
$1,000,000
06/30/37
Flood control improvements Garden
$1,700,000
06/30137
Poway Creek
Road
Garden Road to east end of ittery
$500,000
06/30/37
Poway Creek
Street
Poway Greek
West of arriage Road
$1,000,000
06/30/37
Downstream of rapezoi a channel to
$200,000
06/30/37
Poway Creek Trapezoidal Channel
Gate Drive
North along LaKe Drive from btarridge
$750,000
06/30/37
Poway Creek Trapezoidal Channel
Street
Subtotal
Traffic Circulation System Improvements
$35,542,500
Project Name
Des lion
Estimated Cost
(2011 dollars)
Project
Completed on
or before:
oway oa eria
spoa oa o segment
$14,000,000
06/30/16
Midland Road Arterial
Hilleary Road to Aubrey Road segment
$6,000,000
06/30/16
Sycamore Canyon Road
Poway Road to bcnipps Poway
Parkway
$10,000,000
06/30/21
Carriage Road
Bridge at oway Gree
$2,500,000
06/30/21
spoa Road
Poway Road to I win Peaks Road
$6,250,000
06/30/37
Mass I ransi (Light Rail) Study
Mass transit (light rail)
$250,000
06130/37
spoa Road Rehab
es i y limits to oway oa
$8,500,000
06/30/37
Espola Road
Willow Ranch Road to I win FleaKS
Road
$8,750,000
06/30/37
Subtotal
Substandard Local Road Improvements
$56,250,000
Estimated Cost
Project
Completed on
Project Name
Descri lion
(2011 dollars)
or before:
carus ane
es from omera o oad to en
$350,000
06/30/16
North rom Mountain Road 300 feet
$1,025,000
06/30116
Crocker Road
past Golden Sunset
Fennard Avenue
South from Norwalk to en
$625,000
06/30/16
From Edgemoor Street to u rey
$910,000
06/30/16
Sycamore Avenue
Street
Project Name
Description
Estimated Cost
(2011 dollars)
Project
Completed on
or before:
Somerset Avenue
East from Midland Road 1,300 feet to
end
$910,000
06/30/16
York Avenue
Going south from gemoor o cots
Way
$700,000
06/30/21
Stagestop Drive
oing east to southeast from
Pomerado Road 1,250 feet to end
$1,125,000
06/30/21
Hilltop Urcle
Hilltop Circle
$1,947,400
06/30/21
pava Drive
Putney Road to en
$2,601,200
06/30/21
terra bonita
Belvedere to Poway Valley Road
$3,578,400
06/30/21
Twin Peaks Place
wm ea s ace
$317,800
06/30/21
C ynthia Lane
Midland Road to en
$850,000
06/30/21
Pebble Can on Drive
C& on
Pebble
Canyon Road
$364,000
06/30/21
u ney
Midland Road to Edgemoor Road
$2,178,400
06/30/21
Claire Drive
Going south 3,100 feet from Poway
Road to end
$2,225,000
06/30/26
Golden Way
oing sout eel from Poway
Road to end
$1,675,000
06/30/26
Janette Lane
Midland Road to en
$867,300
06/30/26
eissa Lane
Putney Road to en
$455,000
06/30/26
Melody ane
Mark Stevens to en
$168,700
06/30/26
Bernadotte Lane
West of terra Bonita ane o en
$385,000
06/30/26
Northcrest Lane
West of spo a Road 800 feet to
improvement boundary
$574,000
06/30/26
Old omera o Road
Pomerado Road to en
$2,697,800
06/30/31
York venue
South of u rey ree o en
$607,600
06/30/31
York venue
Edgemoor to Scots Way
$1,002,400
06/30/31
Kozy Crest Lane
Going west from Pomerado to 100 feet
east of City boundary to end
$875,000
06/30/31
Mountain Road
Going east from Espola Road to end
$1,050,000
06/30/31
Vian Road
Going east from Midland Road to end
$625,000
06/30/31
Welton Lane
Going south from Poway Road 1300
feet to end
$2,500,000
06/30/31
Sudan Road
omg soul rom Poway Road 900 feet
to Woody Lane
$4,200,000
06/30/31
Woody Lane
U - o — inge - as=feet from Adah Lane
then south 450 feet to end
$675,000
06/30/31
Adah Lane
oing south from Poway Road 900 feet
to Woody Lane
$625,000
06/30/37
ive I ree Lane
rom Linda Avenue to Melodie Lane
$1,625,000
06/30/37
Erie Lane
Going west of Olive Tree Lane 800 feet
$450,000
06/30/37
gs en Lane
Midland Road to en
$450,000
06/30/37
Stowe Drive
omera o Road to Old Pomerado
Road
$939,400
06/30/37
Street Lights
oa improvements on existing public
streets
$500,000
06/30/37
Adrian Street IAdnan
btreet
$1,143,100
06/30/37
Subtotal
Sewer Svstem Improvements
$43,797,500
Project Name
Descri tion
Estimated Cost
Project
e e anyon rea
installation o sewer
Ines
Completed on
I
Project Name
Description
(2011 dollars)
or before:
Subtotal
Sewer Svstem Improvements
$43,797,500
Project Name
Descri tion
Estimated Cost
(2011 dollars)
Project
Completed on
or before:
e e anyon rea
installation o sewer
Ines
$180,000
06/30/21
Sagewood Drive Sewer Main
East of rc ar d Bend to end of
Sagewood Drive
$348,000
06130/26
Adah Lane
Complete sewer lines
$810,000
06/30/26
Claire Drive
Complete sewer Ines
$930,000
06/30/31
Golden Way
Complete sewer lines
$780,000
06/30/31
Twin Peaks Place
Installation ot sewer lines
$195,000
06/30/37
Twin Peaks Road
Installation of sewer lines
$981,000
06/30/37
Subtotal
Water Svstem Improvements
$4,224,000
Project Name
Descri lion
E n
Estimated Cost
(2011 dollars)
Project
Completed on
or before:
gs en ane
a er gs en ane
$325,000
06/30/16
Espola Transmission Main
Construct Water Main ou o win
Peaks to Donart
$1,400,000
06/30/16
Janette Lane
Installation of 8 -inch main and hydrants
$550,000
06/30/16
Olive Grove / Edgemoor 8 -inch
Construct Water Main Olive Grove
Drive to Edgemoor Road
$1,050,000
06/30/16
Lake Poway Road Main
Cleanvell 36" Parallel Discharge Line
$1,080,000
06/30/16
Pressure Reducing
Station
Install Emergency PRS between SA V
Zone and 1,100 Zone
$500,000
06/30/21
Aubrey Street Main
Construct Water Main Community
Road to York Avenue
$267,500
06/30/21
Montauk eservoir
bouth of e a e Lane
$1,000,000
06/30/21
Donart Reservoir
East of ierra Bonita Road
$1,000,000
06/30/21
Carlson Court
installation of main and hydrants
$400,000
06/30/21
ire Hydrants
Project area wide
$500,000
06/30/26
Northcrest Crosstie
Compensate for pressure drops
$25,000
06/30/26
Olive Tree /Poway 8"
8" line from Olive Tree to Poway Road
$1,250,000
06/30/26
Tierra Bonita Road 24"
Construct Water Main Espola Road
and Tierra Bonita Road
$675,000
06/30/26
Tierra onit orwa ransmission
Main
Tierra Bonita to Norwalk Street
$2,450,000
06/30/26
Twin Peaks Place
Installation of main and hydrants
$125,000
06/30/26
Construct e s
bix wells
$150,000
06/30/26
ea men an xpansion
L oway
$20,000,000
06/30/37
aire Drive
linstallation of main and hydrants
$1,550,000
06/30/31
umo Drive
lReplace water line
$445,000
06/30/31
Subtotal
Public Facilities Improvements
$135,327,500
Project Name
Descri Lion
Estimated Cost
Project
is one i e igns
ons ruc is one si a signs
$125,000
Completed on
Project Name
Description
(2011 dollars)
or before:
Kozy Crest Lane Main
Installation of 8" main and hydrants
$650,000
06/30/31
Pebble Canyon Road
Installation of mam an y ran s
$550,000
06/30/31
Vista View Drive
Installation of main an y ran s
$335,000
06/30/31
Reclaimed aer Distribution
Purchase Count K oaTSTaTon
$5,000,000
06/30/31
System
Twin Peaks /Pomerado Road area
$20,000,000
06/30/21
mg Tank
buenler
$1,250,000
06/30/37
R elocating ire Administration
cnpps oway ar way and west City
$2,500,000
06/30/37
1.0 mg Tank and Pump Station
limits
$1,000,000
06/30/21
omera o Water Reclamation
ESb facilities at oway coos
$37,500,000
06/30/37
Facility 8 mgd
EIR and construction
$5,000,000
06/30/26
Reclamation Plant and Effluent
Water system improvements
$25,000,000
06/30/37
Pump Station
construction
$2,500,000
06/30/26
Reclaimed Water Lines San Pasqual
Parks and recreation facilities
$25,250,000
06/30/37
Valley
High Valley area
$10,000,000
06/30/26
Reclaimed aer Reservoir
Sagecrest
$1,500,000
06/30/37
School aaiies Upgrades
School facilities upgrades
$1,050,000
06/30137
Welton/Woodgate Main
Welton to Golden, Woodgate to Adah
$5,000,000
06/30/31
Subtotal
Public Facilities Improvements
$135,327,500
Project Name
Descri Lion
Estimated Cost
(2011 dollars)
Project
Completed on
or before:
is one i e igns
ons ruc is one si a signs
$125,000
06/30/16
Historic Structures Survey
Historic structures survey
$50,000
06/30/16
Master Plan of a ways
Master Plan of a ways
$50,000
06/30/16
eways
Parks and recreation tacilities
$2,200,000
06/30/16
handicap Ramps
Public ace ies mprovemen s
$450,000
06/30/16
Purchase Count R oad Station
Purchase Count K oaTSTaTon
$3,000,000
06/30/16
Neighborhood Park
Renovate Parks and recreation
facilities
$20,000,000
06/30/21
Landslide Remediation
Landslide reme is ion city wide
$5,000,000
06/30/21
R elocating ire Administration
Relocating fire a mmis ra ion
$2,500,000
06/30/21
Poway School Capital Improvements
Poway School capital improvements
$1,000,000
06/30/21
Ebb ace i ies at oway schools
ESb facilities at oway coos
$10,000,000
06/30/21
Bus Maintenance Facility
t3us maintenance facility
$5,000,000
06/30/26
Aerations Center for Landscaping
Division
Operations Center for Landscaping
Division
$750,000
06/30/26
Recycling Center
Recycling center
$2,500,000
06/30/26
Street rees
Parks and recreation facilities
$50,000
06/30/26
een Uenter
Parks and recreation tacilities
$10,000,000
06/30/26
Preschool aciiies
Preschool facilities
$5,000,000
06/30/26
School aaiies Upgrades
School facilities upgrades
$50,000,000
06/30/26
Land or Community Clinic and
Urgent Care Facility
Land or community clinic and urgent
care facility
$5,000,000
06/30/31
Kegional Justice Facilities
egional justice facilities
$25,000,000
06/30/31
Restaurant/Conference Center
restaurant/conference center
$60,000,000
06/30/31
a e i e u is ors Yard
1bateTr7e7u yara 1
$2,500,000
06/30/31
Project Name
Description
Estimated Cost
(2011 dollars)
Project
Completed on
or before:
Utilities, Property Lines Clean -up
Utilities, property lines clean -up
$500,000
06/30/31
Fire Station 4
Construct of ire Station 4
$10,000,000
06/30/31
Commercial evi a iza ion
Parks and recreation tacilities
$10,000,000
06/30/31
Pedestrian/Equestrian rails
Parks and recreation tacilities
$2,500,000
06/30/31
Theme Street Signs, Light Fixtures
Etc.
Parks and recreation facilities
$2,500,000
06/30/31
Municipal o ourse
Construct Municipal o nurse
$20,000,000
06/30/37
Pedestrian and Bicycfee
Linkages
Parks and recreation facilities
$1,250,000
06/30/37
Pedestrian Pathway
Parks and recreation facilities
$1,250,000
06/30/37
Soccer Complex
Parks and recreation facilities
$15,000,000
06/30/37
eme Paving
Parks and recreation tacilities
$2,500,000
06/30/37
Trail/Linear Park
Parks and recreation facilities
$1,000,000
06/30/37
Joint Public Agencies pecia
Training Facility
Public facilities improvemen s – oway
Unified School District
$10,000,000
06/30/37
Joint Public Agencies Special
Training Facility
Public facilities improvements -
Palomar /Pomerado Health Systems
$10,000,000
06/30/37
Joint Public Agencies Special
Training Facility
Public facilities improvements –
Palomar Community College District
$10,000,000
06/30/37
Joint Public gencies pecia
Training Facility
Public facilities improvements– San
Diego County Office
$10,000,000
06/30/37
Industrial a icine rgent are
Facility
Public facilities improvements
$12,500,000
06/30/37
oway Uommunity Clinic
IPublic facilities improvements
$12,500,000
06/30/37
a e i e improvements
u is facilities improvements
$50,000,000
06/30/37
Subtotal $391,675,000
Total $691,816,500
EXHIBIT 2
PAYMENT SCHEDULE
]Behind this page]
Exhibit "2"
PAYMENT SCHEDULE
Pavrnent Date Pavrnent Amount
1/31/2012
$ 4,587,650.76
5,766,064.75
-----1/31/2013
1/31/2014
7,371,110.87
1/31/2015
8,323,288.70
1/31/2016
9,318,396.10
1 /31 /2017
10, 742, 084.10
1/31/2018
11,959,554.81
13, 511, 961.34
1/31/2020
14,720,867.04
1/31/2021
16,220,338.98
1/31/2022
17,624,538.82
1/31/2023
18, 935, 526.37
1/31/2024
20,285,981.78
1/31/2025
21,688,110.86
1/31/2026
23,041,068.17
. 1/31/2027
24,661,385.75
. 1/31/2028
26,328,401.83
1/31/2029
27,949,383.73
1/31/2030
29,632,079.20
1/31/2031
31 ,379,993.98
1/31/2032
32,848,169.09
1/31/2033
34,726,251.40
52,304,240.81
. 1/31/2034
1/31/2035
54,324,329.87
1/31/2036
60,560,182.66
1/31/2037
31,188,494.07
Total
$ 609,999,455.83