Agreement for Reimbursement of Costs of Permanent Public Improvements 1992-0198202(�v2.crJ - I iZ.1>.
4 1244 0 4 199 0198 ;
�s AN
RECORDING REQUESTED BY: 1 OFFICIAL RECORDS
] SAN,.DIEGO COUNTY RECORDER'S OFFICE
CITY OF POWAY 1 ANNETTE EVANS; COUNTY; RECORDER
] RF: 17.00 FEES: 47.00
WHEN RECORDED MAIL TO: ] AF: 24.00
] MF: 1.00
City Clerk ]
CITY OF POWAY ]
P.O. Box 789 ]
Poway, CA 92074 ]
Space Above For Recorder's Use Only
AGREEMENT FOR .REIMBURSEMENT o
OF COSTS OF ,PERMANENT PUBLIC IMPROVEMENTS
[ POWAY MUNICIPAL CODE ,CHAPTER 13:241
[POMERADO ROAD]
This Agreement,is entered into =this yth day of Nnvamhar" 199.0, by and between
DONALD L. BREN COMPANY; a California °corporation "( "BREN ") (hereinafter.,BRE is 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 'installa_tion 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 instaN those certain permanent improvements described in.Exhibit "1" attached
hereto; 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 reimbursement for the costs�of such improvements from such nonparticipating property
owners in accordance with'Chapter'13124 of the Poway ".Muhicipal 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 IL 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.
Section III. Description of Properties Affected
The real' properties affected by this Agreement shall be the property legally described
in Exhibit "2" attached hereto and the benefiting properties, legally described in Exhibit "3','. The
obligation of the owner of each benefiting propertyshall become a lien upon such property for
the term hereof, payable only'as a condition of approval of any development of'the.benefiting
13 R6 \PO W AYVO M ERADO. RD. 0 1 /20/ 92
1245
property provided that °the imposition of such condition shall be; reasonably related to such
development. ;Suchyobligation shall be a lien upon and run with the land and shall Ue binding
upon the subsequent owners�of the benefiting property during'"the term hereof.
Section IV. Reimbursement Schedule
The Reimbursement Schedule in the form required by Poway Municipal Code _Seton-
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 this
Agreement and Exhibit ".4
Section V. Term
The4erm of this Agreement and all obligations -and liens created hereby shall b e'ten + ,10
_y ears from the date'of #his Agreement as set forth on the ,first page hereof. Upon expiration
of term, Owner shall be entitled to no further reimbursement.,p_.ursuant to the terms hereof;
ownersof benefiting properties shall bb under no obligation to- Own erpursuant hereto, and any
lien created hereby, shall automatically and without any f urther= administrative or judicial process
whatsoever, be null and void and of no further force or effect..
Section VI. 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 ofahe 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 in Chapter 13`24; provided,
however, the City shall.,ne'ither; 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, asithe same' may,
from time to time be amended, : Any' amendment or repeal of Chapter 13.24 decreasing the
entitlement, of Owner herein shall be, binding upon Owner herehirmtlediately upon the.effective
date of suchamendment ;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 liabiGty'of
a benefiting�owner shall be binding upon benefiting owner'herein or upohthe City heie"urnder.
in the - event of;a conflict, between the terms hereof and ° the requirements of Chapter'1'3:24 „the
requirements of Chapter 13`24 shall control.
Benefit: charges shall be paid, collected,
of Section 1324.070 of the Poway Municipal
subject to the terms of this Section VII.
and reimbursed "in accordance with .the terms
Code in effect at the time of such payment,
Section VII. 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 accouriVin "the.narne of the City in trust
for Owner and City. Payments from such account by C'ity"to OwneCandto_City in accordance
with the terms of Chapter 13.24 shall be made at such times as are convenient to the City, but
13REN\POWAY\POMERADO RD.01'/20/92
1246
'in no event less often than annually if the City,has received payment ,of any benefit charges.
,.Payments to Owner+snall include interesYat the rate of'five percent (5%) per annum from the
date of deposit onthe principal portion of such deposit, to which Owneris.entitled ' to payment.
City'shalhbe entitled'`to paymenVof its administrative charges <of five (5 %) ofall 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 with4.he 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 ad_ ministrative or
judicial process payable to City.
Section VIII. 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 of pay to Owner in
timely manner any trust funds which Owner is entitled. .Owner specifically agrees that it is
within the sole discretion of the ; 'City , of determine that payment of. the entire benefit charge
Would not be .reasonably. related to' nature and extent of development of a benefiting
property. If, irrthe 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 at1lie' time of
the first down. payment.
Section IX. 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 reason this Agreement,
is not "recorded, Owner holds City harmless from'any lossor damage arising therefrom.
Section X. VoidabilitV
In the event that Ownef fails or refuses to complete the:subject:improvements in:
timely
mannerrto.the satisfaction of the Cityin 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 Xl. 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 XII. Severability
If any section, subsection, sentence, clause, or phrase, ,of this Agreement is for any
reason held to be invalid or unconstitutional, such decision s_ hall 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 any one or
BREN'\POWAY\PDMERADO.RD:01 /20/92 3
1247
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 P oLja California, on the date first stated. above.
DONALb L.N COMPANY,
a California gbrooration
M
senior
Assistant/
CITY OF POWAY,
a Municipal Corpo
M
, Mayor
The form and' legality of the foregoing Agreement is 'hereby approved by 'the City
Attorney of Poway.
BRENVOWAYUOMERADO RD /20/92 4
124'8
STATE OF CALIFORNIA' ]
] ss.
COUNTY OF SAN DIEGO ]
On `pt" ., /V / / 99Z , before me, the undersigned, a Notary'PUblic
in and for said State„ personally appeared SHERMAN, b. HARMER and E..'DALE GLEED
personally known tome ( ' ). , to be the
persons who executed the within instrument as Senior Vice ,President and.Assistant Secretary,
on behalf of DONALD L. BREN, COMPANY the corporation tfie'rein named, and ,acknowledged
to me that such corporation executed the within instrument pursuant to its :By -Laws or a
Resolution of its Board of Directors.
WITNESS my hand official seal.
OFF7CkNL SEAL
SANDRA VIARIE,B,ANDUCCI
NOTARYdPIJKIC- CALKORNIA
PeINCIroLOrFICE in
;SAN "DIEGO COUNTY
My Commission Bpues',Au6. 19,;1995
STATE OF CALIFORNIA ]
] ss.
COUNTY OF SAN DIEGO ]
On IYlara 2'1& M a a a before me, the undersigned, a Notary Public in and for
said State, pers ' appeared C,
personally' known to me or proved to me on the basis of
satisfactory'evidence to, be'the; Mcug
of the City of Poway'and known to me-, O
to be the person who executed the within instrument�on p K&Nal`f ° of said public corporation,,
agency or political subdivisioh;,,and acknowledged to me that such public
or political subdivision executed: the same.
WITNESS my hand and official seal.
6p� Om 21.7892
1249
LIST OF EXHIBITS - POMERADO ROAD
EXHIBIT 1 DESCRIPTION OF IMPROVEMENTS
EXHIBIT.2 BREN CO PROPERTY
EXHIBIT 3 BENEFITTING PROPERTIES
EXHIBIT REIMBURSMENT. SCHEDULE
EX SB01 J \QUATfRO\33B428B�POMRO 28JAN 82 3354288
EXHIBIT 1'z J'O
DESCRIPTION OF IMPROVEMENTS
POMERADO ROAD'IMPROVEMENTS
CITY OF POWAY DWG # G446 -88
WORK AS SHOWN ON-CITY OF POWAY REFERENCE DRAWING NO G446 -88 CONSISTING OF.;
1. REMOVAL OF EXISTING ,POMERADO'ROAD AND DRAINAGE STRUCTURES
2. GRADING, SUBGRADE PREPARATIONJANDSCAPE AND IRRIGATION
3. STORM DRAIN AND DRAINAGE STRUCTURES
4. ASPHALT PAVING AND STREET IMPROVEMENTS
5. INSPECTION, PLAN CHECK, ENGINEERING AND ADMINISTRATIVE.COSTS
IX 1 SB l J' \QUATTtip\336d2WVJ MR 26 AUG 61 335n2.66
12 4
EXHIBIT 2
BREN CO PROPERTY
PARCELI
LOTS 1 THROUGH 93 INCLUSIVE, OF SCRIPPSEASTVIEW UNIT 2, IN THE:CITY,OF SAN DIEGO,
.COUNTY OF BAN, DIEGO, STATE +OF CALIFORNIA, ACCORDING TOMAP THEREOF NO 12322, FILED
IN THE OFFIOE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRAURY 23,1989.
PARCEL 2
LOTS 1 THROUGH 157 INCLUSIVE, OF,SCRIPPS EASTVIEW UNIT 3; IN THE,CITY OF'SAN DIEGO,
COUNTY OF.SAN'DIEGO, STATE'.OF'CALIFORNIA, ACCORDING TO MAP THEREOF NO 12377, FILED
IN THE OFFICE OF THE COUNTY'RECORDER OF SAN DIEGO COUNTY MAY 17, 1989.
PARCEL 3
LOTS 1 THROUGH 97 INCLUSIVE, OF SCRIPPS EASTVIEW UNIT 4; IN THE CITY OF SAN'DIEGO,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TOWAP THEREOF'.NO 12394, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 30, 1989.
EX SS J' %WATTROU3642lWP0MR0 22 AU 91 33542.E6
1'2 5,,2.
EXHIBIT 3
BENEFITTING PROPERTIES -
CITY OF POWAY
A ROLLING HILLS ESTATES - Mc MILLIN
ASSESSOR'S PARCEL NO.
'320 -011 -7 & 320 -01 1 -13
COST
$1.14,158.28
✓ B WILLIAM'S PROPERTY 320 - 011 -12 $202,443.66
1253
EXHIBIT 3
BENEFITTI NG PROPERTIES
CITY OF POWAY
2 ROLLING HILLS ESTATES
PROPOSED Mc MILLIN DEVELOPMENT PROJECT LOCATED NORTH OF SCRIPPS EASTVIEW'
AND WEST OF POMERADO ROAD, CONSISTING OF SINGLE FAMILY RESIDENTIAL AND
COMMERCIAL PROPERTY. ASSESSORS PARCEL NUMBERS 320 -011 -7 & 13.
A PORTION OF THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 14 SOUTH, RANGE ,2 WEST,
SAN BERNARDINO BASE AND MERIDIAN.
3 WILLIAM'S PROPERTY
APPROX 9 AC OF EXISTING RESIDENTIAL AND PROPOSED COMMERCIAL DEVELOPMENT LOCATE_ D
AT THE ''SOUTHEAST.CORNER OF THE,INTERSECTION OF CREEK ROAD AND POMERADO ROAD.
ASSESSORS PARCEL NUMBERS 320 -011 -12
IX3 SB01J1OUA11ROZ384266,POMRW 23 MAR 3356266
124
EXHIBIT 4
REIMBURSEMENT SHEDULE
SCRIPPS MIRAMAR RANCH - POMERADO ROAD
CITY OF POWAY DWG# G446 -88
SUMMARY OF COSTS
LAND DEVELOPMENT TOTAL 187,570.66
STORM DRAIN TOTAL 85,691.50
STREET IMPROVEMENT TOTAL 109,201:27
CONSTRUCTION TOTAL
SOFT COST TOTAL
PROJECTTOTAL
382;463.43
114,978.84
$497,442:27
DISTRIBUTION OF COSTS
BENEFITTING PROPERTY
1 BREN CO
2 Mc MILLIN
3 WILLIAMS
TOTAL
COST
$180,840.34
$114,158.28
$202,443.66
$497,442.28
3 S801 J. %QUATTKA3364266,P0MRD2 23 MAR 92 335x2 66
1255
EXHIBIT 4
REIMBURSEMENT SHEDULE
SCRIPPS MIRAMAR RANCH - POMERADO ROAD
CITYOF-POWAY DWG# G446 -88
FINAL COST ESTIMATE
LAND DEVELOPMENT
ITEM QUANTITY UNIT DESCRIPTION UNIT COST TOTAL
1
1
LS
MOBILIZATION
15,000.00
15,000.00
2
3
AC
CLEAR & GRUB
350.00
1,050.00
3
1
CS
CONSTRUCTION WATER
2,288.60
2,288:00
4
7000
CY
MASSEXCAVATION
LS
71,296.00
5
32,632
SF
FINISH SITE
LS
1,793.00
6
1
LS
REMOVE ASPHALT / DEMO POMERADO
36,575.66
36,575.66
7
1
LS
REMOVE EXCESS CUT
24,000.00
24,000.00
8
80;000
SF
PREP, IRRIGATION, PLANTING & MAINT
0.4446
35,568.00
LAND DEVELOPMENT TOTAL $187,570.66
Mc- MILLIN
mlr:0
WILLIAMS
ITEM
SHARE
COST
SHARE
COST
SHARE
COST
TOTAL
1
33.33%
5,000.00
33.33%
5,000.00
33.33%
5,000.00
15,000.00
2
33.33%
350.00
33:33%
350.00
33.33%
350.00
1
3
33.33%
76267
33.33%
762.67
33:33%
762.67
2,288.00
4
33.33%
23,765.33
33.33%
23,765.33
33.33%
23,765.33
71,296.00
5
'33.33%
597.67
33.33%
597.66
33.33%
597.67
1,793.00
6
33.33%
12;191.89
33.33%
12,191.89
33.33%
12,191.89
36;575.66
7
33.33%
8,000.00
33.33%
8,000.00
3333%
8,000:00
24,000.00
8
0.00%
0.00
50.00%
17,784.00
50.00%
17,784.00
35,568.00
50,667:55
68,451.56
68,451.55
187;570.66
1
9801 J.WUATTR(M3642WP0MR1)2
23 MAO 92
33542.88
0
1256
EXHIBIT 4
REIMBURSEMENT SHEDULE
SCRIPPS MIRAMAR RANCH - POMERADO ROAD
CITY OF POWAY DWG# G446 -88
FINAL COST ESTIMATE
ITEM
QUANTITY
UNIT
DESCRIPTION
UNIT COST
TOTAL
9
356
LF
48' RCP
90.25
32,129.00
10
2
EA
WING TYPE HEADWALL 48'
2,600.00
5,200.00
11
1
LS
RIP RAP
44,412.50
44,412.50
12
1
EA
HEADWALL 18'
950.00
950.00
13
1
EA
CATCH BASIN
1,700.00
1,700.00
14
1
LS
REMOVE EXISTING STORM DRAIN
1,300.00
1,300.00
STORM.DRAIN TOTAL $85,691.50
1 SW1 JAQUAT 80\3.'1842581 \POMRD2 23 MAR W 33542.66
Mc MIWN
BREN
WILLIAMS
ITEM
SHARE
COST
SHARE
COST
SHARE
COST
TOTAL
9
158.00
14,259.50
18.00
1,624.50
180.00
16;245.00
32,129.00
10
1.00
2,600.00
0.00
0.00
1.00
2,600.00
5,200.00
11
0.00%
0.00
90.00%
39,971.25
10.00%
4,441.25
44,412:50
12
1.00
950.00
0.00
0.00
0.00
0.00
950.00
13
0.00
0.00
0.00
0.00
1.00
1,700.00
1,700.00
14
0.00
0.00
0.00
0.00
1.00
1,300.00
1,300.00
0.00
0.00
17,809.50
41,595.75
26,286.25
85,691 -.50
1 SW1 JAQUAT 80\3.'1842581 \POMRD2 23 MAR W 33542.66
12537
EXHIBIT 4
REIMBURSEMENT SHEDULE
SCRIPPSMIRAMAR RANCH - POMERADO ROAD
CITY'OF POWAY DWG# G446 -88
FINAL COST ESTIMATE
STREET IMPROVEMENTS
DESCRIPTION UNIT COST
AGPAVING 6' AC ON 18' CLII AB
QUANTITY
UNIT
15
40,045
SF
16
1,062
SF
17
1,943
LF
18
1,135
LF
19
1
EA
20
1
EA
21
1,000
LF
22
50
LF
DESCRIPTION UNIT COST
AGPAVING 6' AC ON 18' CLII AB
2.005
AC OVERLAY 2'
0.45
AC BERM
2.98
METAL BEAM GUARD RAIL
16.00
STREET LIGHT
2;670.00
SURVEY MONUMENT
163.00
PAVEMENT STRIPING
0.70
AC SPILLWAY
19.00
STREET IMPROVEMENT TOTAL
TOTAL
80, 290.23
477.90
5,790.14
18,160.00
2,670:00
163.00
700.00
950.00
$109,201.27
WILLIAMS
SHARE COST TOTAL
21,752.00
Mc MILLIN
80,290.23
BREN
140.40
ITEM
SHARE
COST
SHARE
COST
15
9;456:00
18,959.28
8,837:00
17,718.19
16
378.00
170.10
372.00
167.40
17
0.00
0.00
974.00
2,902.52
18
0.00
0.00
493.00
7,888.00
19
0.00
0.00
0.00
0.00
20
0.00
0.00
1.00
163.00
21
23.61%
165.29
22.07%
154.47
22
0.00
0.00
0.00
0.00
19,294.68
28,993.58
SB01 J. \OUAIrPOW642WPOMRD2
23 MAR 8
80, 290.23
477.90
5,790.14
18,160.00
2,670:00
163.00
700.00
950.00
$109,201.27
WILLIAMS
SHARE COST TOTAL
21,752.00
43,612:76
80,290.23
312.00
140.40
477.90
969.00
2,887.62
5,790.14
642.00
10,272:00
18,160.00
1.00
2,670'00
2,670.00
0.00
0.00
163.00
54.32%
38023
700.00
50.00
950.00
950.00
60,913.01' 109;201.27
33562 68
125,8
EXHIBIT 4
REIMBURSEMENTSHEDULE
SCRIPPS = POMERADO'ROAD
CITY OF POWAY''DWG# G446 -88
SUMMARY OF CONSTRUCTION: COSTS
Mc MILLIN
BREN
WILLIAMS
TOTAL
TOTAL
LAND DEVELOPMENT
50,667.55
68;451.56
68,451.55
187;570.67
STORM DRAIN
17,809.50
41,595:75
26,286.25
85;691.50
STREET IMPROVEMENTS
19
28;993.58
60,913.01
109,201.27
CONSTRUCTION TOTAL
87,77173
139;040.89
155,650:82
382,463.43
SHARE
22.95%
36.35
40.70%
100.00%
SOFT COST
26,386:55
41,799.45
46,792.84
114,978:84
TOTAL
$114,158.28
$180,840.34
$202,443.66
$497
SOFTCOSTS
INSPECTION.
23,810:95
PLAN CHECK
5,914:55
BOND
2,276:00
LANDSCAPEARCHITECT
3,230:00
SOILS CONSULTANT
23,481.00
SURVEY'/ STAKING
5,020.00
.ENGINEERING
13,000.00
ADMINISTRATION ( 10% OF CONSTRUCTION COSTS)
38,246.34
SOFT COSTS TOTAL $114,978.84
2 SB01 J \QUATTR0-3364260P0M802 23 MAR 92 3354266