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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.