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Agreement for Reimbursement of Costs of Permanent Public Improvements 1988-459605Recording Requested by: CITY OF POWAY When Recorded Mail to: CITY CLERK CITY OF POWAY P.O. BOX 789 13325 CIVIC CENTER DRIVE POWAY, CA 92064 60/ e k:5 605 Los - -IM (0 L1(fa) (6A -re D 20 140 FES AGREEMENT FOR REIMBURSEMENT OF COSTS OF PERMANENT PUBLIC IMPROVEMENTS (POWAY MUNICIPAL CODE CHAPTER 13.24) This Agreement is entered into this 12th_ day of July 1988 , by and between LOS LOMAS ESTATES a(n) LIMITED PARTNERSHIP , hereinafter referred to as "Owner" and the City of Poway, a municipal corporation, hereinafter 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 FINAL MAP FOR LOS LOMAS ESTATES, #4278 OFFSITE GATE DRIVE 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 reimburse- ment for the costs of such improvements from such nonparticipating 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 13.24.02 of the Poway Municipal Code. 141 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 legally 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. Description 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 permanent 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 §13.24.040c, as approved by the City council of the City of Poway after public hearing, is attached hereto as Exhibit 4. 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 ten (10) 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 or judicial process whatsoever, be null and void and of no further force or effect. Section VII. Agreement of Payment 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 - 2 - 122 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 amendement 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 hereinunder. 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 or administrative or judicial process payable to City. Section IX. Hold Harmless by Owner Owner hereby agrees to indemnify and hold harmless the City from any liability whatsoever, based upon any legal theory whatever, 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 City to pay to Owner in timely manner any trust funds to which Owner is entitled. Owner specifically agrees - 3 - 123 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. Section XIII. Severability If any section, subsection, sentence, clause, or phrase of this Agreement is for any reason held to be invalid or unconsti- tional, 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, subsection, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional, and would have approved the same even though any parts, sections, subsections, sentences, clauses, or phrases that may be held invalid had been omitted therefrom. Executed at Poway, California, on the date first stated above. OWNER:c4„5 L 'rt`! CITY OF POWAY; a Municipa By corpora -tion By Robert Emery - 4 - yor 123 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 PARTNERSHIP ACKNOWLEDGMENT 124 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of c4 �w On this the / °tday of � 4„n... 41 19 87, before me, * ) SS. * County o f AiG.,✓ ,0 ) Q,.-.✓ 1i-ri-tZ * the undersigned otary Public, personally appeared * OFFICIAL SEAL yT BETTY ANN SMITH �•�1 NOTARY PUBLIC -CALIFORNIA SAN DIEGO COUNTY M, Comm E.pnes May 17, 1989 ® personally known to me fl proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. * Notary's Signature * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * i-YIL-e j . , L Jk-z Q By J a't�✓�11-1 CITY OF POWAY, a Municipa - NJ corporation By - 4 - Robert Emery / -yor 125 LADERA ASSOCIATES, INC. JOB NUMBER: 12-200 REVISED JUNE 14, 1988 ENGINEER'S REIMBURSEMENT REPORT RE: GATE DRIVE (OFFSITE), CITY OF POWAY TRACT NO. 4278 This report outlines the benefited area and the proposed reimbursement agreement for Tentative Map No. 4278. The benefiting properties did not participate in the costs of the improvements to Gate Drive offsite of the Los Lomas Estates (TM 4278) subdivision. The benefiting area measures 47.50 acres and is located on Gate Drive one quarter mile south of Poway Road in the City of Poway, California. The property is described as the southeast quarter of the southeast quarter of Section 13, Township 14 South, Range 2 West, San Bernardino Meridian, portion of Lot 4 of Section 18, Township 14 South, Range 1 West, San Bernardino Meridian and Lot 1 of Section 19, Township 14 South, Range 1 West, San Bernardino Meridian, in the City of Poway, County of San Diego, State of California. The list of benefiting property owners indicating their Assessor's Parcel Number and acreage of each lot is attached as EXHIBIT 1. The legal description for the benefited property along Gates Drive is attached as EXHIBIT 2. The plat for the reimbursement agreement is attached as EXHIBIT 3, and the project cost for reimbursement agreement for Tract No. 4278, is attached as EXHIBIT 4. The proposed reimbursement payment is based on the as -built construction costs and the engineering and incidental costs which total $290,776.00. The benefit distribution was based on acreage for site preparation, grading, storm drain, and 50% of engineering and incidental costs; and frontage for sewer main, water main, street and roads, and 50% of engineering and incidental costs. The reimbursement schedule is shown in the Reimbursement Agreement as EXHIBIT 5. Benefit charges have been established for each of the five parcels according to assessor parcel number. 126 LADERA ASSOCIATES, INC. JOB NUMBER: 12-200 MARCH 23, 1988 BENEFITING PROPERTY OWNERS FOR GATE DRIVE (OFFSITE) CITY OF POWAY TRACT NO. 4278 PARCEL NUMBER ACREAGE PROPERTY OWNER 323-290-14 / 323-290-21 323-290-22 v/317-480-07 317-480-08 0.31 Ac. 7.71 Ac. 1.11 Ac. 30.70 Ac. 7.67 Ac. (3 PARCELS) Holmes, Robert & Jean 7625 Rustico Drive Carlsbad, CA 92008 (2 PARCELS) Sophisticated Investments, Inc. (9/10 Ownership) Security First National Corp. (1/10 Ownership) C/O Sec. First National Corp. 1888 Century Park E. #405 Los Angeles, CA 90067 EXHIBIT 1 OF REIMBURSEMENT AGREEMENT TM 4278 127 LADERA ASSOCIATES, INC. JOB NUMBER: 12-200 MARCH 23, 1988 LEGAL DESCRIPTION FOR BENEFITED PROPERTY ALONG GATE DRIVE (OFFSITE) CITY OF POWAY TRACT NO. 4278 THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN AND A PORTION OF LOT 4 (THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER) OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN AND LOT 1 (THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER) OF SECTION 19, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CORNER COMMON TO SAID SECTIONS 13, 18 AND 19 AND SECTION 24, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN; THENCE NORTH 89°19'36" WEST, ALONG THE SOUTHERLY LINE OF SAID SECTION 13, 1324.19 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER THEREOF; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 00°52'03" EAST, 1325.33 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER; THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 89°14'08" EAST, 1299.97 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 13 DISTANT THEREON NORTH 00°10'50" WEST, 1323.41 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE SOUTHERLY ALONG SAID EASTERLY LINE, BEING ALSO THE WESTERLY LINE OF SAID SECTION 18, SOUTH 00°10'50" EAST TO THE INTERSECTION WITH THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF PARCEL MAP 2489 ACCORDING TO THE MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG SAID WESTERLY PROLONGATION AND SAID SOUTHERLY LINE OF PARCEL MAP 2489 SOUTH 89°20'46" EAST, 669.98 FEET TO THE SOUTHEAST CORNER THEREOF BEING A POINT ON THE EASTERLY LINE OF THE WEST 669.96 FEET OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 18; THENCE ALONG SAID EASTERLY LINE SOUTH 00°10'56" EAST, 644.90 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 18 BEING ALSO A POINT ON THE NORTHERLY LINE OF SAID SECTION 19 DISTANT THEREON SOUTH 89°15'51" EAST, 669.96 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 19; THENCE ALONG SAID NORTHERLY LINE SOUTH 89°15'51" EAST, 889.84 FEET TO THE NORTHEAST CORNER OF LOT 1 OF SECTION 19; THENCE LEAVING SAID NORTHERLY LINE SOUTH 00°00'15" WEST, 1328.90 FEET; THENCE NORTH 88°53'22" WEST, 1545.47 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ALONG THE WESTERLY LINE OF SAID SECTION 19, NORTH 00°37'30" WEST, 1319.06 FEET TO THE NORTHWEST CORNER OF SAID SECTION 19 AND THE POINT OF BEGINNING. EXHIBIT 2 OF REIMBURSEMENT AGREEMENT TM 4278 lZts 1Z.99 .911 REIMBURSEMENT DISTRICT BOUNDARY APN 323-290-14 - (0(09. APN 1323-290-21 -,041' -131%' SCALE: 1 = 400' 6 APN 323-2906227 —.r i NOTE: IMPPDVEMENITS IN CEP5ITE GATE DRNE INCLUDE FDA.D IMPROVEMENTS, SEWER. @-W ATEF; MAINS C- GP.ANAGE FACILr lES A5 SHOWN ON IMPfV VeMEN T PLANS (SHEETS 1 TO 10 TM 4218 R. E. WALTERS R.G.E. it i t 1 , A5- BUILT5 APPKOVED BY CITY E.I&IrJEER 1Z -Z-8/0) PLAT FOR REIMBURSEMENT AGREEMENT FOR CITY OF POWAY TRACT NO, 4278 OFFSITE GATE DRIVE EXHIBIT - 3 LADERA ASSOCIATES INC. lona Pionnen • C.vn Engineers • Survevon **AO Coro. Cw' b. Day* C. flit, i)c) $2I J.N I2-111DDX Description OFFSITE/GATE DR. CONSTR. REIMBURSEMENT TM 4278LOS LOMAS ESTATES, A LIMITED PARTNERSHIP PROJECT COST FOR REIMBURSEMENT AGREEMENT REVISED 06/14/88 Quantity Unit Price Page 1 Amount A. CONSTRUCTION COSTS (AS -BUILT) SITE PREPARATION (OFFSITE) Clearing & Grubbing 1.00 L.S. @ 3000.00 Sub Total SITE PREPARATION GRADING (OFFSITE) Excavation (Mass Grading) 14144.00 C.Y.. @ 1.40 Alluvium Rem. & Recompaction 14735.00 C.Y. @ 1.45 SEWER SYSTEM (OFFSITE) 8" P.V.C. Fiberglass Manhole Sub Total GRADING (OFFSITE) Sub Total WATER SYSTEM (OFFSITE) 12" A.C.P. CL. 150 1" Water Service (Irrig.) Concrete Encasement 6" Fire Hydrant Assy. 2 -Way Sub Total STORM DRAIN SYSTEM (OFFSITE) 18" R.C.P., D=1350 60".R.C.P., 0=1350 Straight Headwall, Type "B" 18" Wing Headwall (0-35) Twin 60" Trap Channel 6x3 Plain Rip -Rap Excavation for Channel Sub Total STREETS & ROADS (OFFSITE) Preparation of Subgrade Roadway Widening 3" A.C. On 4" CL 2 Agg. Base and 12" D.G. Street Monument 6" A.C. Berm (G-5) A.C. Spillways Tree Trimming Sub Total 1700.00 C.Y. @ 6.00 Each @ 13.10 1370.00 SEWER SYSTEM (OFFSITE) 1700.00 L.F. 1.00 Each 100.00 L.F. 1.00 Each 18.03 380.00 20.00 1800.00 WATER SYSTEM (OFFSITE) 64.00 240.00 2.00 2.00 1.00 45.00 1.00 L.F. @ L.F. @ Each @ Each, @ L.S. @ C.Y. @ L.S. @ STORM DRAIN SYSTEM 1.00 L.S. 1.00 L.S. 47000.00 S.F. 2..00 Each 351,8'.00 L.F. 4.00 Each 1.00 L.S. STREETS & ROADS 28.00 98.00 850.00 6000.00 22000.00 40.00 5000.00 3000 $3,000 19802 21366 $41,168 22270 8220 $30,490 30651 380 2000 1800 $34,831 1792 23520 1700 12000 22000 11300 5000 (OFFSITE) $67,812 3487.00 5442.00 1.15 165.00, 2.00 190.00 1385.00 (OFFSITE) 3487 5442 54050 3:30 7036 760 1385 $72,490 TOTAL CONSTRUCTION $249.791 EXHIBIT 4 (SHT 1 OF 2) OF REIMBURSEMENT AGREEMENT TM 4278 130 Page 2 OFFSITE/GATE DR. CONSTR. REIMBURSEMENT TM 4278 LOS LOMAS ESTATES, A LIMITED PARTNERSHIP PROJECT COST FOR REIMBURSEMENT AGREEMENT REVISED 06/14/88 Description Amount B. ENGINEERING AND INCIDENTAL COSTS SURVEYING (Ladera) 8928 ENGINEERING (Ladera) 8965 SOIL TESTING (Geocon) 9752 LEGAL (David Herring) 1340 SUPERVISION (Fayco Construction) 12000 TOTAL ENGINEERING & INCIDENTALS . . . .$40,985 TOTAL CONSTRUCTION $249,791 TOTAL ENGINEERING & INCIDENTALS . . $40,985 GRAND TOTAL $290,776 9RoFESS/o44 cQ �Q.`EUGENE K . `o la/tV �'1i.1.611 t. EXP. 6-30-89 9a CIV 1\- F CAL EXHIBIT 4 (SHT 2 OF 2) OF REIMBURSEMENT AGREEMENT TM 4278 V'ADE_R'A ASSOCIATES„ INC. REVISED JUNE 14, 198'8 REIMbUltbtMcNr bCHLUULt FOR GATE DRIVE (OFFSITE) CITY OF POWAY TRACT NO. 4278 JOB NUMBER: 12-200 REIMBURSEMENT AGREEMENT PARCEL NO. OWNER'S NAME 317-480-07 Sophisticated Investments, Inc. (90%) Security First National Corp. (10%) 317-480-08 Sophisticated Investments, (90%) Security First National Corp. (10%) Inc. 323-290-14 Robert & Jean Holmes 323-290-21 Robert & Jean Holmes 323-290-22 Robert & Jean Holmes OWNER'S ADDRESS* C/O Security First National Corp. 1888 Century Park E. #405 Los Angeles, CA 90067 C/O Security First National Corp. 1888 Century Park E. #405 Los Angeles, CA 90067 7625 Rustico Drive Carlsbad, CA 92008 7625 Rustico Drive Carlsbad, CA 92008 7625 Rustico Drive Carlsbad, CA 92008 COST "A" ACREAGE FRONTAGE $SPREAD 30.70 1241.65' 85,619.07 7.67 1127.96' 21,390.82 0.31 71.71' 864.56 7.71 612.04' 21,502.38 1.11 480.16' 3,095.67 COST "B" $SPREAD 55,626.55 BENEFIT $CHARGE 141,245.62 50,533.18 71,924.00 3,212.64 27,419.71 21,511.42 4,077.20 48,922.09 24,607.09 TOTALS: 47.50 3533.52' $132,472.50 $158,303.50 $290_3PQ.Q3 0 Q O,y, *Note: Property addresses for the above parcels are unavailable at this time. EXHIBIT 5 4 AMENDMENT'NO. 1 AGREEMENT FOR REIMBURSEMENT OF COSTS OF PERMANENT PUBLIC IMPROVEMENTS (POWAY MUNICIPAL CODE CHAPTER 13.24) TM 4278 This amendment extends the Reimbursement Agreement between Los Lomas Estates and the City of Poway from 10 years to 15 years. This current reimbursement agreement will expire July 12, 1998. The extended expiration date will be July 12, 2003. Executed at Poway, California, this 2nd day of June, 1998. • Owner: Los Lomas Estates Ltd. M & T Development Co., General Partners By Faith E. Mohling CITY OF POWAY, a Municipal Corporation By � V Don Higginson, Mayor �v� • 367 g , §-0363957 RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P. O. BOX 789 POWAY, CA 92074 JUN is t 1998 9 : d 1� 11 1 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 13.00 1 THIS SPACE FOR RECORDER'S USE ONLY IItJllJil 1 11 1 1 11 AMENDMENT NO. 1 AGREEMENT FOR REIMBURSEMEN1 OF COSTS OF PERMANENT PUBLIC IMPROVEMENTS (POWAY MUNICIPAL CODE CHAPTER 13,24) TM 4278 (Please fill in document title on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 11 • 368 • AMENDMENT NO. 1 AGREEMENT FOR REIMBURSEMENT OF COSTS OF PERMANENT PUBLIC IMPROVEMENTS (POWAY MUNICIPAL CODE CHAPTER 13.24) TM 4278 This amendment extends the Reimbursement Agreement between Los Lomas Estates and the City of Poway from 10 years to 15 years. This current reimbursement agreement will expire July 12, 1998. The extended expiration date will be July 12, 2003. �ocumesr�- IJo . - 4cE (poS re( crciect q -� Executed at Poway, California, this 2nd day of June, 1998. Owner: Los Lomas Estates Ltd. M & T Development Co., General Partners r� ,J By -uc ! Faith E. Mohling CITY OF POWAY, a Municipal Corporation By c:\amendl.mol Don Higginso , ayor CALIFORNIA ALL-PURPc ACKNOWLEDGMENT 369 • C�..✓,TC;%�.,?,c-St�t�>��%-�.'<�-.-�,'��.-�.'>' �;�.�t7_-�.'� <��,�,--�,'C.v,�.•;�.c;:�>'� s��.,c��<�.,���c�.,r,-C,s�t;�t;at�t�.!�.�'a't S;%�S • �.���..-�t,�,•�,':,�c,.::%. State of (YL/ / 1-i )rT .( 1 County of jG(./'� On 104247.-- I C1 Date, personally appeared before me, oArgx e and Title of Officer (e.g.. "Jane Doe, Notary Public")Lcrta raok Name(s) of Signer(s) ❑ personally known to me X 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. WITNESS my hand and official seal. ( Signature of 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: Agreement for Reimbursement of Cost of Permanent Public Improvements Document Date: June 9 1998 Number of Pages: Signer(s) Other Than Named Above: I1/4) Capacity(ies) Claimed by Signer(s) Signer's Name: F a i t h E. Mo h l i n g ❑ Individual ❑ Corporate Officer Title(s): • Partner — ❑ Limited General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Los Lomas Estates Ltd. M & T Development Scx-eral Partners Signer Is Representing: M & T Development s;:t`pS3? RIGHT THUMBPRINT OF SIGNER Top of thumb here Simmer's Name: Individual Corpora'te Officer Title(s): Partner — Ltrpited i General Attorney -in -Fact \ Trustee Guardian or C. servatdx Other: RIGHT THUI OF SIG PRINT R Top of thumb here Signer s Representing: © 1996 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827