Agreement for Reimbursement of Costs of Permanent Public Improvements 1993-0275991N
RECORDING REQUESTED BY:
CITY 'OF POWAY
AND WHEN RECORDED MAIL TO:
S TO/
LE aF ;' L i4 4 y__p tic , , I
10;9
CITY ;CLERK )
CITY OF POWAY )
P.O. BOX 789 )
POWAY, CA 92064 )
(This space for Recorder's Use)
AGRE94M FOR REIMBURSEMENT
OF COSTS'OF PERMANENT PUBLIC IMPROVEMENTS
(PObIAY`MUNICIPAL CODE CHAPTER 1344)
This Agreement is entered into this 23rd day of March
;co 3 'y and between LaSalle Talman Bank,
a(nT Corpora I . hereinafter
referreu to as " Cwner" 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
case l,aw to require Owner to install those certain permanen t
hereinafter described as a condition of approval of Improve
for 8 "'PVC Sewer - Stone Canyon Road and Fallen deaf Road
by statutory and
improvements
ment Plans,
wnich improvements oenefit those properties hereinafter described as "benefit,in
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 13.24 of
the Poway Municipal Code. ,Upon full execution and recordati,cn hereof,, this
Agreement sha,1'1 pro.vide� the sole method of reimbursement through the City to
Owner for a portion of the cost of said improvements. The City s,ha,14 ha'Oe.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 shali:be defined,as set forth in Section
13.24.02 of the Poway Municipal Code.
Section III. Descriotion of Properties Affected
The real properti.e_s affected,by this Agreement shall be the property Owner
legally described in Exhibit 1 attached hereto and the_.benefiEing 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 any development of the benefiting property,
provided that the 'imoosition of such condit -ion shall be reasonably related, to
such development. Such obligation shall be a lien upon and run with'the land
x.:
1095
and shall be binding upon the subsequent owners of the benefiting property
during the term hereof.
Section I.V. ADescription of Improvements
The precise locations of all improvements subject to reimbursement and the
complete dimensions (,i;ncluding frontage) of all benefiting properties are set_
forth in Exhibit 3 attached hereto.
Section V. Reimbursement Schedule
The Reimbursement Schedule in the form required_ by Poway Muni_cipa- l'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 accor-
dance.with the terms of'tlits Agreement and Exhibit 4.
Section VI. Term
The ter t`; Agreement and all obligations and liens created hereby /L
shall b ten (i0)_yeafs from`th "e 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'benefi'ting
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 Mun,ic;ipal Code 13.24,, and upon
execution hereof by Ci, 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 benef,i charges set forth in the
Reimbursement, Schedule, plus interest of five percent (5 %) per year compounded
annually, less the administrative charge provided i'n Chapter 13.24; provided,
however, the City shali,nei'ther collect nor reimburse any,sum which is not
reasonab,l.y related fo the,development of a benefit;fng property. The method and
obligation to reimburse Owner shal,l be subject to the terms of Chapter 3.24 of
the.Poway Municipal Co,de,as the same ,may,,, from time to time be amended. Any
amendment or repeal, of Chapter 13.24'decreasing the ertitlement of Owner herein
shall be binding upon Owner herein immediately .upon the effective date of such
amendment or, repeal,. Dwner agrees that this Agreement shai - 1 be automatica 'y
amended by such repeal or amendment;of Chapter 13.24; effective 6e,effeciiye
date,of such repeal' or amendment. No amendment of Chapter 13.24 purporting to
increase the liabi.l,i -ty 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 shail,be paid, collected, and reimbursed in accordance with
the terms of.Secti 13.24.070 of the Poway Municipal Code in effect at the time
of such payment, subject.to the terms of this Sectj,on VII.
Section VPdI.. Trust Agreemnt
Promptly upon collection of all or any part of a benefit charge, the City
shall deposit such funds in a local financial inst- itution in a separate account
W 1 11
in the name of the City in trust for owner and City. Payments from such account
by City'to,Owner a'nd'to City -in accordance with the terms of 'Chapter 13.24 shall
be made At' such .times a's are convenient to the 'City,,,, but in, no event less often
than annually it the CGity has received paymentr 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. 'C;ifty_ shall be entitled to payment of its administrative
charges of f- ive,percent '(5 %) of all amounts depos plus all interest income
on the full amounts deposi "ted 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 adminitstrativ.e or judicial process payable to City.
Section IX. Hold Harmless by Owner
Owner hereby' agrees to indemnify and hold harmless the City from any liabi-
lity whatsoever., based upon any legal theory whatever, for any loss or damage
direct or consequent -iaT, to Owner resulting, from -the failure of, the City to
collect all or any ,part of any' benefit charge colaectible hereunder or resulting
from the fai;l;ure of the City to pay to Owner in timely manner any trust .funds to
which Owner is entitled: Owner specifically agrees that it is within t_he 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 dev.e`lopme.nt of a
benefiting property. I.f', 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 -deve-
lopment, 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. Recordatio
This Agreement sha`l'l 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 i.s :not- recorded, Owner holds City harmless from any
loss or damage arising the_ref'rom.
Section XI. Voidabil'i
In the event that Owner fails or refuses to.comp`],ete the subject improve-
ments in timely manner to the satisfaction of the City in its sole discretion,
this Agreement shalli be unilaterally voidable by adoption of a resolution of
the City Council declaring this Agreement null and void for failure of perfor-
mance 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. Severabi
If any section, subsect.ion,,,sentence, clause, or phrase of this Agreement is
for any reason held to be invalid or unconsti'tuti'onal, such decision shall not
1097
affect the validity of the remaining portions.
would have entered into this;,Agreement and each
phrase thereof irrespective of the fact that an y
ti'ons,,, sentences, cl ° a "uses; phrases be 'decl'are" d
and woul,d "approved,the same even though an y
sentences; c:l,auses, or phrases that may be held
therefrom.
fhe parties agree that they
,section_, subsection, clause, and
'one or more sections, subsec-
inval'i'd or unconstitutional,
parts, sections, subsections,
invalid had been omitted
1718• LAke Street
Executed at on the date first stated above.
Melrose Park, Ill
OWNER: LASALLE TALMAN BANK, F.S.B.
K
�
NQ AR P Bli C B y
1 FR D, C.' 'INDSTROhV V E:RPESIDENT
NOiA RY �Flluhl i., �L�.TE OF`ILLI�;OIS
fdyCummisson Expires 11114 94
CITY OF POWAY, a Municipal
Corporation
D'o'n H.iagi' 'on ; Mayor
ATTEST:
Marjo' ie K. Ulahlsten, City Clerk
t
State'of Illinois
County of
Cook
On March 2 4- 1 99 before me, Guadalupe Beristair
DATE NAME, TITLE OF OFFICER - E G ,
10 "9'S
personally appeared ' Fred C. Lindstrom, Vice President
NAME(S) OF SIGNER(S)
personally'khown to me - OR ;- ❑ proved to me on the basis of satisfactory',evidence
to be the person(s) whose, narre(s) is /are
subscribed to the within -instrument and' ac-
knowledged to me4hat he /she /they executed
the same in his /her /their rauthorized
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.
"OFFICIAL SEAL#$
OLP c ° fJ TNESS my hand.afl official al.
NOTARY'TWUC, STATE Of ILLINOIS'
My Commission Expires 1lllv,4,
St IATURE OF NOTARY
OPTIONAL SECTION'
THIS CERTIFICATE' MUST BE ATTACHED TO 'TITLE'OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED %AT'RIGHT.
NUMBER OF PAGES .DATE OF D_ OCUM_ENT
Though the data requested here is not required bylaw,
it could prevent fraudulent reattachment of this form. SIGNER(S), OTHER THAN NAMED
01,993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., ,P 0:3oz 7184 • Canoga Park, CA 9130
v,01"TIONAL SECTION
CAPACITX CLAIMED BY`SIGNEF
Though statute does not require the Notary to
fit 1o the data below, doing so may prove
Invaluable to persons relying on theddcument
❑ INDIVIDUAL
❑ CORPORATES OFFICER(S)
TITLE(S)
❑ PAR_TNER(S) ❑ LIMITED
GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER
SIGNER' IS REPRESENTING:
'NAME OF PERSON(S) OR ENTITY(IES)
EXHIBIT NO,:, 1
` dwatiaw
N,'ESTIA.'1p 11tLE'COMPANY
RECORDING REDUEBTED Ilyf`
COUNTRYW 104- 441L.G- CORPOhnT ION
and. WHEN RECORDED MAIL TO:
TALMAN HOME ;FEDERAI. SAVINGS
C/O COUNTRYWIDE FUNDING; CONPORAT ION
P.O. Box 1137
PASADENA, CA 111Q9 -7117
Q
1.099
Doc 9 1942 - 0
II 11 iii !w; ;' iii ='
Truetea Sale Number: 1 -7088 CA Loan 4 - 4343855 T80 a; 700803 -0
T N U' B f E E
PARCEL NUNBERp t WAS TRANSrER'TAX: 0,00 Dcl
The Oren be heroin MAS Che Bsnello le ry. ,
The amount of the 'unpaid N wasp 1288,170,31
The amount paid by'ths Orantos an S286,116.31
The property is In SAN DIEGO County, In the City of POWAY.
MAIL TAX BTATEHENTS IU
TALMAN HOME FEDERAL SAVINGS
C/O COUN7RYWIOE FUNDING CORPORATION
P.O. Box ?137
PASADENA, CA 91109 -7137
COUNTRYWIDE TITLE ,CORPORATION, as the duly. a0oolnteA Truatss under a Deed, of,
Trust referred to;below_ and heroin called TRU8TEE,' doea,he_roby grent'Hithout
any. Co" nant'Or ve rrenty, ,expreeeed or 4MPlted 'to. TALMAN HONE, FEDERAL SAVINGS'
AND LOAN ASSOCIATION, OF ILLINOIS, herein called GRANTEE, the 'fol'lawlny'
described real property situated in SAN DIEGO County, Californi'e, doacr.lb the
the lend therein:
,PARCEL F,:
LOT 102:Of'GREEN VALLEY ESTATES UNIT NO. 9, IN „THE OWNTY„of. SAM DIEGO, STATE
OF CALIFORNIA,. ACCORDING TO MAP THEREOF. NO, 4101, 'Fl"13 .IN THE OFFICE OF THE
COUNTY- gECOROER OF SAN DIEGO COUNTY„ FEBRUARY 1 25; 1969-
PARCEL 2r
AN EASEMENT FOR DRAINAGE PURPOSES OVER THE WESTERLY 20 FEET OF LOT 103 OF ' SAID
MAP 410f,
APN: 276 - 262 -04
The convoysnce to madelpur,suent to the 00%oro coATe r,r ad tipan TRUSTEE by the
0001, 'of Trust : execute1 by: GORDON W. FABIAN L C1. RE'R':', 'F,ABIAN HUSBAND AND
WIFE S AS CONMU41TY PROPERTY, as TPUSTOR, to COUNTRYWIDE TITLE CORPIXUTION, as
TRUSTEE, and Rocarded on 1,0(D2/89 an Document 0;89= S30821 ,book_-= - - - - -- Pago
- of; official �RSCortl_n in the offica.of the Racorder'af. BAN DIEGO
County, California, and,af,tar fulfillment of the conditions in sold Deed of
Trust avthorised. this Conveyance.
All iegulr`emente of l,, regardln9 the record l ng, and mail3n9 of, copies of the
Notice of Default and Election 'to Ball Under DssC of Irust, and the recording,
mallino, POetin /, and puoldontion-of the Notieq 'of TruetOa_'.e Sale hays boon
Complied with. TRUSTEE, to compl.lanca,Wlth said'Notice:uf Trustee's Bale and In
sxeraise'of Its 1po.ers under said Dead, of Trust sold said real' property at -
t ubllc sucti6n'bn102 /07/92. QRANTEE; 'being 'the' highest hlddar•at,said sale
0came the, pyrche4sr-of said property for the amount b_14,. being $266,17o.3i
cash, in lawful money of the United States - , which - lies been paid.
DATE: -02107192
STATE OF CallfOrnld
COUNTY OF ohs AfgeT
Oh• Lhte thr 'Qrd_
named
1cial. seal.
COUNTRYWIDE TITLE CORPORATION
Ra1E, A59C. Voce -Pr dent
me
hefare ne -Debt
y,Public, per
known to m0,
. om befi<f of
Smith
exeoutod the
a Corporation
it.
1100
EXHIBIT NO. 2
REIMBURSEMENT AGREEMENT
BENEFITTING PROPERTIES
ASSESSOk'S
'PROPERTY
NO.
PAR. NO.
CURRENT OWNER
STREET ADDRESS
ACREAGE
1
275- 241 -05
Devine, Leonard & Eloise;
13151
Silver
Saddle Lane
1.53
2
275- 241 -06
Grosser-, Janet;
13232
Stone
Canyon
Road
.63
3
275- 241 -07
Rauch, Richard & Marjorie;
f_3229
Stone,
Canyon
Road
1.13
4
275- 281 -01
McCollam, David & Leilani;
13250
Stone
Canyon
Road,
.56
5
275-281-02
Lynch, Nancy (Trust);
13270
Stone
Canyon
Road
.90
6
275- 281 -03
Hewitt, Charles & Sharon;
13262
Stone
Canyon
Road
.50
7
275- 281 -04
Elliot, Lawrence;
13278
Stone
Canyon
Road
.52
8
275- 281 -05
Graves. Robert & Dianne;
13302
Stone
Canyon
Road
.72
9
275- 282 =01
Sitek, Thaddeus & Meredith;13251
Stone
Canyon
Road
.57
10
275- 282 -02
Brown, Greg & Aurora;
13271
Stone
Canyon
Road
.5
L1
275- 282 -03
Shepard, Robert & Phyllis;
13245
Stone
Canyon
Road
1.09
12
275- 282 -04
LaSalle Talman Bank;
13311
.Fallen
Leaf Road
1.23
13
275- 282 -05
Wood`, John & Catherine;
13319
Fallen
Leaf Road
.53
14
275- 282 -18
Boston, Dorothy;
1331
Stone'
Canyon
Road
.51
I :
HOT E.
OOTTEO MO "
TO ROS 36az
�j
/YCYV' o /V
SEvVE21
• �.
275 -24
63
-
• y
SHT I Cf2
SEC E
I •FOo
SO C
nR
_
'; oelK
'oelnc
'39 z�
17
O ° M
HOT E.
OOTTEO MO "
TO ROS 36az
�j
1101
EXHIBIT N0. 3
1 of 2
vea 251(
3
zm ac "
z
/YCYV' o /V
SEvVE21
• �.
275 -24
63
-
64
SHT I Cf2
-
I •FOo
c
OO 5 '
_
'; oelK
'oelnc
17
O ° M
�'0
�'I RD. M12JJ
I pa' K
S •
'o f
SHT 2
G -HANGES
1101
EXHIBIT N0. 3
1 of 2
vea 251(
3
zm ac "
z
FOR 48
a
9
�I2 c a
ImAC. � a
.. SCCETi
2. OPEN SIACE ESMT.
J• LOT 9 CITY OF POWAY
SEE MAP 12J1O
24
SHT 2
MAP +12330 - CITY. OF P.OWAY_TC T. NO. B4 - 02
MAPA 1338- POWAY'.TCT. NO. 83-03
• SEC.35 = T,_13S - R 2 W - POR N W I/4
ROS'3551_ 3842,12544
/YCYV' o /V
SEvVE21
• �.
275 -24
63
-
64
SHT I Cf2
-
I •FOo
17
O ° M
�'0
�'I RD. M12JJ
S •
a m l
G -HANGES
0
.
i 6
•� ••
6Ln
oLO
MEw
coT
zle`.c
4
ae,
cl)
..
"It
241
a m e ,
-
as.
a Ac.
J Mrzvo
�
e<J
x- e>Jm
2.OK d
ll
JXY 9.
/.iJ
9O'rm.r
90
/B)/
FOR 48
a
9
�I2 c a
ImAC. � a
.. SCCETi
2. OPEN SIACE ESMT.
J• LOT 9 CITY OF POWAY
SEE MAP 12J1O
24
SHT 2
MAP +12330 - CITY. OF P.OWAY_TC T. NO. B4 - 02
MAPA 1338- POWAY'.TCT. NO. 83-03
• SEC.35 = T,_13S - R 2 W - POR N W I/4
ROS'3551_ 3842,12544
e
::
EXHIBIT No. 3
2 of 2
1102
-ns -ze
:V 1
�"' I'_ ^- 4101 - GREEN VALLEY ESTATES UNIT NU.9 -LOTS 88-1 J7
1103
EXHIBIT NO. 4
REIMBURSEMENT SCHEDULE
Benefiting Property No.
Number of Ultimate
(See Exhibit No. 2)
Parcels Owned
Benefit Charge
1
1
$4,738.32
2
1
$4,738.32
3
1
$4,738.32
4
1
$4,738.32
5
1
$4,738.32
6
1
$4,738.32
7
1
$4,.738.32
8
1
$4,738.32
9
1
$4,738.32
10
1
$4,738.32,
11
1
$4,738.32
12
1
$4,738.32
13
1
$4,738.32
14
1
$4,738.32
TOTAL: 14
$ 66,336.50
REIMBURSEMENT' CRITERIA
1. The benefit of each property as declared herein is defined
as the opportunity for each dwelling unit, as determined by
current zoning, to tie directly into the subject sewer trunk
main.
2. It has been determined that in this instance, the most fair
comm on denominator of this benefit is number of Tie -ins;
that is number of ultimate dwelling units.
3. In the event that future amendments to this District's
boundaries occur so as to include others not mentioned
herein, the benefit charges as stated herein will be
re- calculated to include the additional ultimate parcels, as
determined by then current zoning. The construction costs
as Shown in Exhibit No. 5 will stay fixed, and any
reductions in benefit charges would be repaid to pre -paid
benefiting owners from future collections due to Owner.
This applies only to those parcels not requiring a sewer
main extension.
a
EXHIBIT NO. 5
PROJECT COSTS
Construction Cost (Includes bonding,
insurance, and loo contingency):
Engineering Cost:
City Plan Check Fees:
$ 58,162.50
$ 4,780.00
$ 3,394.00
TOTAL PROJECT COST $ 66,336.50
Cost Per Lot = $66,336.50 = $4,738.32
11.04
City of Poway Sewer Connection Fee for the North Basin,
$3,356.00, not included.