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Agreement for Reimbursement of Costs of Permanent Public Improvements 1991-0158423Recording Requested By City of Poway When Recorded Mail To: City CI'erk City of Poway P.O. Box '789 Poway, California 92064 3 3d m �j �_'� _ Je - f � 1 2183 = -__ _ THIS, DOCUMENT SUPERCEDES DOCUP�NT NO, 90- 172156 RECORDED ON h'ARCH 30, _1990 This document is exempt from the payment of a recording fee pursuant to G.C. Sec. 6103) AGREEMENT FOR REIMBURSEMENT OF COSTS OF PERMANENT P'UBLI,C IMPROVEMENTS (POWAY MUNICIPAL CODE CHAPTER 13..24) This AgreemenL is entered into this _day wf W12✓IU,lL1��� 1'y` 1990, by and between POWAY RESIDENTIAL : PROPERTIES 'L'IMLIEUiPAIiTNERSILIP a CALIFORNIA LIMITED PARTNERSII'IP , hereinafter referred to as "Owner "and the. City of Poway, a munvic'ipal corporation, hereinafter referred to as "City," for the re,iuibur,sement of costs expended by the Owner for the installation of permanent public improvements. The parties hereto agree as follows: Section I. Authori The City is authorized by its..;general police powers and by statutory and case law to requi're'.Owner to install those certain permanent improvements her,.einafter described as a condition of approval of SUNRISE RANCII - TM 4185 which improvements benef;i't those properE�ies hereinafter described as "benefiting properties' not participating in the cost thereof 'The City is authorized provide a- method for ,partial reimbursement, for the costs of such improvements from such nonparti,ci'pating 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 [he City to Owner "for a portion'of the cost of said 'improvements. The C'ity,shal'1 have, no, payment or reimbursement obligation to Owner for the cost'of said improvements, except as specifically provided herein.. Section 11 . Definition of Terms The terms used in thi's Agreement shall be defined as set forth in Section 13.24.02 of the Poway Municipal Code. 21.8'4. SECTION III.- Descripuion of Proper The real .peoper"ties` affected by, th s Agr @eine " "' sf Vf be the property Owner legally described in Ex ibi[ ONE t.tac ed hereto and the benefit_'Ang properties legally escri.bed 'm h''ibit TWO. The.,ob.l'i- gat,i'on of the, owner of each be fiti;(1 p o ert,y s11 11 become a lien upon such property for th term he 'of., payable only as a condition of approval of any de ment f ,the benefiting' property, provided ^that the imposition of condition shall be reasonably,related to such development,. Such obIJ gat ion sha'II be a I -iem 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 prec ise, locations of all improvemen subject to reimbursement and the complete d'imensions ( ncluding frontage) of all benefi'ti,ng prope'rti,esl are set forth in Exhibit TIIREE at ched hereto. SECTION V. Reimbursement Schedule The reimbursement Schedule in the form required by Poway Mun'i.oipal' Code- $13.24_640c as approved by the City of the City of Poway after public hearing, is attached hereto as Exhibit FOUR.. All references in this Agreement [o'reimbursement or to a reimbursement schedule shall mean reimbursement in accordance with terms'of this Agreement and Exhibit FOUR. SECTION VI Term cr is Hg reement ,as set forth on'the first page hereof. Upon expiration of sa'id'.term, Owner shall be entitled to no further reimbursement_%' pursuant to the terms hereof'; owners of benefiting properties shall be under no obligation to Owner pursuant hereto, and any lien created hereby shaVI automatically and without any further ,admini`strat'ive or judicial process whatsoever, be null and void and of no further force or effect. SECTION VII. Agreement of Payment for Reimbursement After 'publ:ic,hear,ing as provided in Poway Municipal Code 13.24,,• and - upon execution hereof by City, City agrees during the term'.hereof to co'l, ect from the owners of 'the benefiting properties, those, owners shall pay to the City, and the City shall reimburse to Owner those benefit charges set forth, in the Reimbursement Schedule, 'p'l'us interest of five percent (5$) per year compounded annual'ly., less the administrative charge provided - 2 - 2'18'5 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;reimbu'rse Owner shall be to the. 'terms of Chapter '13.24_I of the Poway Municipal Code„ as the same may, from time to time 'be. amended. Any amendemen -t or repeal, of Chapter 13.24 decreasing the entitlement, of Owner H'6rein shall be binding 'upon owner 'herein immediately upon the -effective, date ,of'such ainendmen't 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 .L3.24' purporting, to increase the liability of a benefiting owner shall be binding upon a' benefiting owner herein or'upon the City here'inunder. 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, collecl'ed., and reimbursed, in accordance with the terms of SecL"ion 13.24:.0 0 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.shali deposit such funds in a focal 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 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 (58) 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 (,58) of all amounts deposited'pl'us 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 w;th,the property of Owner, be assignable by Owner',,or- 'survipe the death or dissolution of Owner. In the event of deaah or= d'issdlution 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 -hekeby agrees to indemni -fy and hold harmless. the City from any liability whatsoever, based upon any legal "theor.y whatever, for any loss or damage direct or consequent-ial, to; Owner resulting from the failure of the City 'to collect all or any part of any bene -t charge collectible hereunder or resulting from the failure' df the CiLy to pay to Owner in timely manner any trust 'funds to which'Owner is entitled. Owner specifically agrees - 3 - 21H that it is within the sole discretion 'Uf Hie City to determine that - payment e_f,.the „entire benefit charge would not b, reasonably related to the nature and extent of development of a benefiting property. If, in the event of such 'a d''eLerminaLion . by City, 'City collects less than the full benefit charge at the time_ of developmen i: t, City retain; the ight to coe '.LlcL the balance of the benefit charye upon furl -her devel-upmenL,, and Owner waiv'e's and releases CiLy fx - m any claim i.L may o.Lherwise 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 Lite CiLy after full execution hereof and promptly followiuy accep,Lance of the subject improvements by the City. If for any reason this Agreeiilent is not recorded, Ownei- holds CiLy harmless from any loss or damage arisi.ntj Lherefrow. Section X1. Voida 1j ,11 , Ly In Lite event Ula't owner fails ur r Lu compleLe the subject improvements in timely wanner CO Lite ' satisfaction of the City. in its sole discretion, this Agreement shall be unil.a�terally voidable by adoption of a resolution of Lite City Council declaring this Agreement null and void for failure of performance by Owner. Section XII. Governing Law and Venue This Agreement,sliall be governed by Lhe laws of the State of Cali'fornia,. Jurisdiction and venue for any li.LiyaLion ardsing herefrow shall be the County of San Die -yo,, Stale of California. Section XIII. Severabilkty If any section, subsection, senLence 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,ther'eof i=rrespective of the fact that any one or more sections', subsec,tiohs, 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 maybe held invalid had been omitted therefroin. Exv -suted •at Poway, California, on the date 'first stated above n Gary M. Szy, .l E .210 0 r. CITY OF 1'DWAY•, a un' corporat j BY ` cC . a l� Mayor UWNER: PUWAY RESIDENTIAL PROPCRTIE., LIMITED PAR I.NERSIIIP, A California Limited Partnersh BY: CONNOLE CONS TRUCTION CO.,1MC.A California Cu or "-L'i'on BY: Iim J. Connul'e, P esi en 2187 STATE OF CALIFORNIA) S.S. COUNTY OF SAN DIEGO) ON 1,, I 1 1990, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED TIM J. CONNOLE PROVED TO ME ON 111E BASIS OS SATISFACTORY EVIDENCE TO BE THE PRESIDENT OF CONNOLE CONSTRUCTION COMPANY, INC., A CALIFORNIA CORPORATION, THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT AND PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF SAID CORPORATION, SAID CORPORATION BEING.PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TORE THE GENERAL PARTNER OF POWAY RESIDENTIAL PROPFRIIES LIMIIED_PARINERSHIP, THE LIMITED PARTNERSHIP TIIAF EXECUTED TIIE WITHIN INSTRUMENT AND ACKNOWICUGFU 10 MF IMAI SUC ('ORPORAIION EXECUIED THE SAME AS SUCH PARTNER AND THAT SUCH PARTNERSHIP EXECUTED TIIE SAME. WITNESS MY HAND AND OFFICIAL SEAL 244 , 61LO ) `4 A l�k Signature / State of California) )ss. County of San Diego) OFFICIAL, SEAL EM01(E BRIEEY m IrorAAYltileuc.I.uEalra9 ' sAr Mp CarrvA. TlpiH Ary 16, 1993 On this the 8th day of January, 1991, before me, Nancy N. Neufeld, the under- signed Notary Public, personally appeared Jan Goldsmith, personally known to me to be the,persoh who executed the within instrument as President of the munici- pal corporation named herein. Witness my hand and official seal. SEAL l)NCY N PIELIFELD W!;3 e PWblirr0,, ifomia 0:0 2 , 0MCIAL svi DIEGO COUNTY Uy Comm. Exp. Dec 21,109? meo SPECIAL MINUTES OF STAFF MEETING A special meeting for Connole Construction Company, Inc., located at 13616 Poway Road, Suite 100, Poway, California, was held July 25, 1988 at 3:00 p.m. Present at said meeting were: TIM J. CONNOLE SANDRA S. WOOLSTENHULME EMOKE BRILEY AUTHORIZED SIGNATURE It is, hereby reaffirmed that Tim J. Connole is authorized to sign any and all documents on behalf of and for Connole Construction Company, Inc. L [ � - EMOKE BRILEY Secretary Connol"e Company, Inc. 218^9 EXHIBIT ONE SUNRISE RANCH I REIMBURSEMENT AGREEMENT The Owner which was required by the Cit to ins'Eall a sewer trunk main as a condkt of Approval, of Sunrise Ranch 1 - TM 4185 is: Partnership POWAY RES,IDENTI'AL PROPERTIES LIMITED PARTNERSHIP, a California- Limited By CONNOLE CONSTRUCTION COMPANY, INC., a California Corporation, General Partner 13616 Poway Road Suile 1(100 Poway, California 92064 (619)4II6- 2,151, OR (619)695 -0410 EXHIBIT TWO SUNRISE RANCH 1 REIMBURSEMENT AGREEMENT N CO O B N E F I T I N G P R O P E R T I E S NO. ASSESSOR'S PAR.'NO. CURRENT'OWNER PROPERTY'S STREET ADDRESS ACREAGE 1: 323 - 461 -03 POWAY,VILLAS 14411 Silver Ridge Road .0:39 2. 323. 460 -01 POWAY VILLAS 14223 - Silver Ridge Road 0.26 3. 323 - 461 -02 PO'.IAY VICCAS 14401 Silver Ridge Road 0:39 4. 323- 461 -01 POWAY VILLAS 14391 Silver Ridge Road ,0:39 5. 323= 460 -16 POWAY VILLAS 14360 'Silver Ridge Road 0.25 6. '323- 461 -05 " PO VILLAS 14450 Silver Ridge Road 2.47• 7. 323 - 4'61 -06 POWAY VILLAS 14440'Silver Ridge Road 0.29 8. 323- 461 -10 POWAY VILLAS 14400 SiLver Ridge Road 0:26. 9. 323 - 461-11 POWAY; VILLAS 14390 Silver Ridge Road '0':25 10. 323=461=09 POWAY VILLAS 14410 Silver Ridge Road 0.26 11. 323-461 -08 POWAY VILLAS 14420 SiLver Ridge Road 0.26' 12. 323-461 -07 POWAY, VILLAS 14430 i,Lver Ridge Road 0126 13. 323-460-15 POWAY, VILLAS 14370 SiLver Ridge Road 0.25 14., 323 - 461 -04 POWAY, VILLAS 14421 Silver Ridge Road 0.64 15. 323 - 460'' -O6 POWAY VILLAS 14243.Si Lver '!Ridge Road 0:24', 16. 323- 460 -07 POWAY VILLAS 14244 'Silver Ridge, Road -0.29 17. 323: 460 -08 - POWAY VILLAS 14240�Silver Ridge Road 0'.23 18. 323 - 460-05 POWAY VILLAS 14239 Silver +R dge Road 0.24 19. 323 460 -04 POWAY VILLAS 14235, Silver Ridge!Road 0.23 20. 323-466 -14 POWAY VILLAS 14380 SiLver Ridge Road 0.25 21. 323 - 460 -03 POWAY VILLAS 14231 Silver Ridge Road 0'.23 22. 323 - 460 -09 POWAY VILLAS 14236 Silver Ridge Road 0.23 23. 323 - 460-02 POWAY. VILLAS 14227 Silver Ridge Road 0.23 24. 323-460 -10 POWAY VILLAS 14351 Silver Ridge Road 0.39 25. 323- 460 -13 POWAY VILLAS 14381 Silver Ridge Road 039 26. 323 - 460 -12 POWAY VILLAS 14371 Silver Ridge Road 0.39 27. 323 - 460711 POWAY, VILLAS 14361 Silver Ridge Road 0.39 28. 321- 172 -16 Agha, 'Nazem B. 8 Victoria 13706 Mark Stevens Road .40 29. 321- 172 =17 Heames, .Gordon R. 8 Rose E. 13718 Mark.Stevens Road Road 3 21- 172 -18' Ca rtson; Steven J. 14207 �Ipava Drive 31. 323 - X180 -08 Harmon, Eduard K.'&Joyce J. 14157 McCody Lane _.50 32. 3237180 -09 Tilburg, Robert_ A. & Deborah A. .14353 Melody Lane ..44 33. 323 - 180 -10 Morgan, Arthur A. & Jacquel'ine M. 14151 Melody Lane .59 34. 323-180 -13 'Roberts, Howard F. & Doris A. 13601, Olive Tree Lane 239 35. 323 - 180.25 Brewer, Taylor L. 14390 Poway Road ..46 36. 323 - ,180 -26 Adamov, Stephen & Esther 14382 Poway Road, :40 37. 323480 -44 Woods, Kevin and Patricia 14340 Poway Road .60 38. 323. 180 -56 Williams, Charles 0. & Frances K. 14370 Poway Road .36 39: 323- 180 -57 Hancock, Dave &'Merrilee 14372 Poway Road, .40 40. 323-180-66' _ Ashwel'L,,Henry D. & MicheLle_.I. 14356 Poway Road .34 41. 323=180-67 Cruickshank, Kenrieth,A & Natalie Y. 14350 Poway Road .34' 42. 323- 180 -69' Shiflett, Howard M. & Anna M. 1 Poway Road' .61 43. 323 - 190.32' Groh, 'Wes and Mary 14336 Poway Road 1.37 44. 323 - 4:60 -17 lPONAY "'VILLAS 14350 Silver Ridge Road 0.25 45,. 323- 460 -18 POWAY "VILLAS 14228 SiLver Ridge Road 0'. 23 46. 323- 460 -19 POWAY'VILLAS 14224 Silver Ridge Road 0.25 N CO O EX HiBl " THREE 21 SUNRISE RANCH I REIMBURSEMENT DISTRICT PLAT •U •U• J'i.'if>' 2Gt I74 � it y� •5! ��yiti f' no ! 'qra .O. 1 fL$Ti'if =1' 'O . 3 6 LEGEND 63 , x• 54 L1 OY, —��— REIMB. DlSTR/CT BoUN�ARy w V. y 320 -973 '4ssessoas B0.'YCi PAGE 52 53 B " SEWER MAW 3U5/ELT •? I, 3a I O __- �__ - -_ 7D R�imBURSEMCNT ^� EKiSI SEWER SYSTEM. 172 ; N 33 31 l5. 7f t 11 N, 3 9 ='17,2 /329- 380_,Jenas4 1 p its if r 4C. Gm K i t2 \ - ,Y ® ' /OW / \ //V��J� r tnv ® I to I O /� M o3e3 =asr � e I z0 /s o /4 'SCALE " 6B t -200 = 0 SGAC' -- neK ® 061 AC a .0 =6 e ®/z 3 ® o r0� O O -- • O..SK• 4M.[ �• t • I L ]4 + ti O l O © - 0.71 AC- M • 9 / 3 323 980 0 1323 -990: it �' ��. •0 .,'0 {10 .0 aQ = Q I . O , y/y �-MATCH— — pOINT,� - Prepared By: SzytellEngineering EXHIBIT .FOUR SUNRISE RANCH 1 REIMBURSEMENT AGREEMENT R -E.I M B U R S E M E N'T S C H E D U L E Benefiting Property No.. Number of Ultimate Ben_ef it Charge Benefiting Property No. Nuk)er of Ultimate . Benefit 'Charge (See Exhibit TWO) Parcels Owned (See Exhibit TWO Parcels Owned TOTAL 47 84,424.00 REIMBURSEMENT'CRITERIA 4. The benefit of each property as declared herein is defined as the opportunity for each unit, as determined by current zoning, to tie directly into the subject sewer trunk main. - 2. It has been determihed that in this 'i nstance, the most fair comaon denominator of this benefit is ' nuaber of Tie - ins; that is number of ultimata dwelling units. Gp, 2V 3. In the event that future amendments 'to this Districts boundaries occur so as So include others not mentioned herein, the benefit charges as, stated herein wil+L be re-caLculated to include ^the additional ultimate parcels; as determined by then current zoning., The construction costs as.shown in Exhibit Five will stay fixed; and any', reductions in benefit charges would be repaid to prepaid benefiting, owners from future- co_llectio_ns due to!Owner. This applies only to those parcels not requiring a sewer main extension. ' $ 1,796.25 24. 1 $ 1,796.25 2. 1 1,796.25 25. 1 1,796.25. 3 • 1 1,796_.25 26. 1 1,796._25 4. 1 1,796':25 27., 1 1;796.25, 5. 1 1,796.25 28. 1 1,796.25 6. 1 1,796.25 29. 1 1,796.25 7. 1 1,796.25 30. 1 1,796.25 8.. 1 1,796725 31,. 1 1,796.25 9. 1 1,796:25 32. 1 1 °,796.25 h 10. 1 1;796.25 33. 1 1,796.25 11. 1 1,796:25, 34. 2 ,3,592.50 12. 1 1';796:25 35. 1 1 13. 1 1',796.25 36. 1 1, 796.25 14. 1 1,796.25` 37. 1 1,796:25 15. 1 1,796.25 38. 1 1,796.25 16. 1 1,796.25 39. 1 1,796.25. 17. 1 1,796.25 40. 1 1,796:25 18. 1 1,796.25 41. 1 1,796:25 19: 1 1,796.25 42. 1 1,796.25 20. .1 1,796.25 43. 1 1,796_.25 21. 1 1,796.25 44. 1 1,796125 2 1 1,796.25 45. 1 1,796.25 23. 1 1,796.25 46. 1 1,796.25 TOTAL 47 84,424.00 REIMBURSEMENT'CRITERIA 4. The benefit of each property as declared herein is defined as the opportunity for each unit, as determined by current zoning, to tie directly into the subject sewer trunk main. - 2. It has been determihed that in this 'i nstance, the most fair comaon denominator of this benefit is ' nuaber of Tie - ins; that is number of ultimata dwelling units. Gp, 2V 3. In the event that future amendments 'to this Districts boundaries occur so as So include others not mentioned herein, the benefit charges as, stated herein wil+L be re-caLculated to include ^the additional ultimate parcels; as determined by then current zoning., The construction costs as.shown in Exhibit Five will stay fixed; and any', reductions in benefit charges would be repaid to prepaid benefiting, owners from future- co_llectio_ns due to!Owner. This applies only to those parcels not requiring a sewer main extension. 219? EXHIBIT FIVE SUNRISE RANCH 1 REIMBURSEMENT AGREEMENT ' CONSTRUCTION COSTS The following is a cost breakdown for the construction of the eight inch sewer trunk main, based upon the actual prices paid for the various it6ms as supplied by the Own6r. UNIT, LT.EM' DESCRIPTION UNIT QUANTITY PRICE COST 1. Offsite sewer - 8" PVC L.F. 1416 $ 33 $46,728 2. Offsite tie to existing manhole EACH. 1 1,200 1,200 3. Onsite sewer - 8 PVC, L.F. 495 '19 9,405 4. Sewer manhole EACH 5 1,500 7,500 5. Temporary patch of sewer trench on Poway Road S.F. 2832 .72 2,039 6. Permanent A.C. repair of sewer trench S.F: 2832 3.10 8,779 7. Traffic Control_ L.S. L.S. L.S. 2,,000; B. Restriping of Poway Road L.S. L.S. L.S. 1,250 9. Inspection; 3% of cost $78,901 %age $78,901 37. 2,367 10. Engineering and surveying %age, $78,901 4% 3,156 TOTAL $84,424 210 4 0IIDINANC'.E N13. 158 AN ORDINANCE' OF .T11E CITY. OF POWAY;,'CALF0RNIA ESTABLISHING CHAPTER,13.24 OF- TITLE! 13 OF 191E'POWAY MUNICIPAL CODE ES'TABLISIIING REIMBURSFMENT PROCEDURES FOR ,PERMANENT IMPROVE14ENrS 111E CITY ,COUNCIL OF THE CITY OF POWAY DOES ORDAIN TIM there is' added to the Poway Municipal code Chapter 13.24 -as follows: Section 13.24.010: Policy The City Council does hereby find and detennl_ne that where 'property 'owner(s) desire or- are required to extend' or develop permanent _'Improvements that. benefit- other properties not participating in the cost of.the 'improvements, t)ie owner(s) may be eligible to enter 'into a reimursement agreement as .provided in this Chapter,. This Chapter shall not be applicable to uandatory reimbursement for Improvements of suppleuental size, capacity, nwaber or ,length as required Iry GovennnenL 'Code Section 66486. Section 13.24.020: Definitions A: Administrative Cost = means expenses and services provided'.* the City in the m me management of the reimbursement agreements. B: ,Agreement- - means an agreement to reimburse property owner,(s)'for- ,deve- lop ent or' extension of permanent improvements that benefit other proper- ties. C-. Bene fit Area - means the area of benefit,.approved by the City Engineer that would be assessed for the cost of the permanent improvement. D. City means the City of Poway. E. Council - means the'4'byor and City Council of the City of Poway. F. Engineering Report - the reimbursement report prepared by a State 1 censed C viI Engineer'outllning the benefited area and proposed reimburse - ihent payments. G: Estimated Construction Cost - means the estimated cost of construction as outlTn in the engineering 'report and approved by 'the City Engineer. H. Public Inprovements -• means City drainage, sewer and water systems and public and private streets constructed to'City standards. I. Reimbursement Payment - means the payment, to the property owner(s) who paid f�'n tii a'l construction of the permanent lmprovement: J. Trust Fund—an account established for,the deposit of the reimbursement f unds during the life of. the reimbursement agreement. LTT0rPMFNIT q 4l.yJ Ordinance No. 158 Page 2 Section - 13.24.030: Pre - Construction. Requirements The owner(wl shall provide to the City Engineer a completed reimbursement agreement.. The •canpleted agreement shall be sulmitted;at - the same time'.as the standard agreeirent ,and' bonding for the construction of� the permanent fnprove- ments along with a deposit to - cover the estimated City adrrdnistrative costs Ito review, process and "approve 'the agreement. Section 13'.24.040: Form.and Content of Agreement The form 'and content •of the. reimbursement agreement - shall, be prepared to the satisfaction of the City Engineer and City Attorney.. The agreement.must be pre - pared; with the assistance of a State of California licensed civil engineer and contain' the following: A. A legal description of all benefiting properties Including the owner's 'property. ( B. A detailed plat drawn at an engineering scale' on legal size papershowing the, precise locations of all airprovenents "arid complete dimensions (including frontage) of all benefiting property. C. A reiinbursenent.schedule - to include a list of all benefiting properties with current Tax Assessor's parcel number, owner's. name, property's street address, 'acreage of benefiting parcels- and a benefit charge. The amount of, the benefit charge assigned to each benefiting ,parcel shall be subject to, the approval of the City Council. The benefit charge assigned'to each parcel shall bear, area"sonable relationship to the benefit conferred upon, that parcel by the improvements and ishall bear interest at the' _rate of five percent (58') per annum, c W" 'unded annually. D. A: detailed estimated cost -of the design and construction of the per- manent improvement. E. 'Terms, conditions, and covenants of reimbursement and a trust agreement consistent with the requirements of this Chapter. Section 13:24:050: Notice and Hearing Upon receipt, of the agreement proposed by the owner's), the same shall be referred to the City Engineer, together with a prehiminary estimate of the, .total cost of such improvements. Upon receipt of the application, the City Engineer will review and -recanmend approval, disapproval, or modification thereof. The, proposed area of Benefit shall Include all parcels of land', or parts thereof, within the City., which nay be. conveniently served by the proposed iunprovenent 2196 ( ordinance No. 158 Page 3 extension or .development. Not less than ten (10) days prior to the hearing the City Clerk shall notify the owner, or owners," of the Tand'within the benefitted area, of ,a public he.ir-ing to be conducted by the City Council of Ehe City of Poway on the .question of the feasibility and the necessity for the construction of the subject "iWrovemnts, and the approval, condItiona_1_ approval, or denial of the reimbursement agreement. Tile property owner shall provide address labels for. all affected "properties 'and shall pay all fees necessary for notice of :the hearing at which the repayment agreement is considered. Section 13.24.060: Decislon:of City Council After the hearing provided above, the City Council shall determine In its sole judgement and discretion whether. or not Elie construction of said improvements . would be in the best interest of the,City and whether the proposed reimbursement agreement, shall be approved, conditionally- approved, or denied. In any case the City Council will have the final determination as 'to the ainount,to be reimbursed through each agreement and the al- location thereof amongst the benefiting parcels. Section 13. Payment for Reimbursement The approved Agreement shall, provide that the City of 'Poway shall agree for a period of ten ('10) years from the. date of the agreanent, to reimburse to ,applicar't tiie following sins A. The annunt received,'by -the City as a benefit charge, if any,, which is collected by the City !fran owners of benefiting parcels for the privi- lege of'using" lnproveirents, less 'the administrative cost set -forth In 13.24.080. The benefit charge for a parcel shall be collected by the: City as a, condition of approval of any development of the benefited parcel, provided that inposit'ion of such condition shall be reasonably related to such developneiit. B. The ,benefit charge _for, each parcel of land'w-ithin the benefitted area will be' determined based upon the engineer's °report prepared ,by the applicant engineer using standard assessment district formulas,, as that report may. be approved by the City Council. C. The City Council retains the right to determine, in its sole discre- tion, both the - total cost of the permanent improvement as well as; the fixing of the benefit charge for each parcel. D. - Applicant shall be" entitled to receive the reimbursement provided In this section for, the, period of time herein specified, or until all paymentsf as :specified in the reim1=senbAt .agreement shall have been repaid to appl "icant, whichever occurs first. Following full- reimbur- semenE to, applicant as provided herein, or upon automatic termination .of the agreement at the end of ten (10) years from its date, applicant shall, be entitled to no further reimbursements arising out of benefit charges which might ire charged by the City, and 611 payments thereafter accruing shall 'be and become the property of the City. ( 2197 ordinance No. 158 Page 4. E. li1T reimbursement funds shall. be deposited to at trust ..fund in a to is institutional depository. Thie right of the applicant to payments therefrom .shall tie personal and shall not run with or be assignable With, the lands .owned'by the applicant F. payments shall be made such times as are convenient to the City, but id no event, less often than annually if the City has recetved any benefit charges. G. payment to t(fe applicant shall include the interest collected from 'a sse benefited owner a ssed.against the benefit charge at a rate of five „percent (58) compounded per year. Section 13:24.080: haftinistrative Cost M administrative charge of ftve, percent (5A) shall, be assessed on all reimbur- sements to cover administrative cost 'incurred by the'dAy,,. Section 13.24,.090: Information The property owner(s) applying for:reirmbursenent S h a ll be solely responsible for all Information nfortion 'needed to process the reimbursanent agreement. Any errors or inaccuracies riay constitute giounds for the denial of the owner's app cation- s ection M24.110: 110• Recordat fon'ofAgreement This agreement will be recorded with the County Recorder following full execu- tion'of the agreement- by alfl parties. Section 1324-120: Severabi'lity_ If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision "shall not affect ; the validity of the remaining portions. The City Council of the City of poway hereby declares that it would have passed this ,chapter and eacfi,section, subsection; 'clause, and phrase thereof irrespective.of the fact that any one or more 'sections, subsections, s_entences'; "clauses or phrases be declared invalid or uncon onal, and would .have. passed, and adopted' the same :even though any parts, "sections,, subsections',. sentences, clauses; phrases pases that may be "held invalid had been an teed therefrom'. This ordinance shall" take effect and be n r th fift een 0) days days after d ate of its passagej and before the exp passage, it shall be pubI hied once with the names and no�embers 1 c v otin g c for a n d against. the sama;.in the 'r cmav Neiws' Chieftain a newspaper 9 published in the City of Poway. 2198 ordinance No. 158 Page 5 Introduced and first, read at a -regular meeting of tite City Council of the City of 'Poway held the 19th day of February, 1985, and thereafter PASSED AND ADOPrED at a regular meting of said City Council held the 26th day of February, 1985, by the following roll call votes AYES: NOES: ABSENr: COLWILMIBE.RS: KRUSE, ORAVEC, SREPARDSON, TARZY, EMERY ODUNCli1iEKBERS NONE COUtUILAMBEns t NOB ' �)I i; . 1< ji" - Mar or K. Wahlsten, C ty Clerk `J