September 16, 2025, Item #10
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
CONTACT:
September 16, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Servic~
Sara Trunzo, Senior Civil Engineer
(858) 668-4622 or [email protected]
CITY COUNCIL
SUBJECT: Acceptance of Public Improvements for the Lyon Estates Project, Street Improvement Plan 21-003
Summary:
Street Improvement Plan (STI) 21-003 for the Lyon Estates project included trail improvements, sewer and water main extensions, and fire hydrants. The improvements are complete and ready for acceptance.
Recommended Action:
It is recommended the City Council:
1) Accept the improvements shown on the plans for STI 21-003 as complete; 2) Release the Performance Bond in the amount of $180,000; 3) Release the Payment Bond in the amount of $90,000; and 4) Retain the Warranty Bond in the amount of $39,180 for a period of one (1) year.
Discussion:
City Council approved the Tentative Tract Map (TTM) 16-005 for the Lyon Estates residential subdivision at the east end of Larchmont Street on March 20, 2018. As a condition of approval for the development, the project was required to install public improvements to serve the project including grading, signage and erosion protection for the public trail within the subdivision boundary in accordance with the City's General Plan, as well as an additional trail south of Summit Trail Road as a benefit to the community. Additionally, required public improvements were sewer and water main extensions, and fire hydrants. The improvements have been completed in accordance with the project plans, the Standard Agreement for Construction of Public Improvements (Attachment A), and have been accepted by the Development Services Department. Poway Municipal Code 16.20.110 requires that any and all securities for work estimated to cost over $100,000, or securities required to be posted in conjunction with any subdivision or parcel map, be released by City Council. Since these improvements were in conjunction with a subdivision, and were valued over $100,000, City Council 1 of 14
September 16, 2025, Item #10
the release
of
the
securities
associated
with
this
project.
Environmental
Review:
On
March
20,
2018,
the
City
Council
adopted
a
Final
Mitigated
Negative
Declaration
(SCH#
2018021026)
and
approved
TTM
16-005
for
the
10-lot
Larchmont
Street
Subdivision
project.
The
forementioned
improvements
have
been
completed
in
accordance
with
the
Conditions
of
Approval,
along
with
the
Project's
Final
Mitigated
Negative
Declaration's
(MND)
Mitigation
Monitoring
and
Reporting
Program
(MMRP)
.
Therefore,
no
further
environmental
review
is
required
for
the
acceptance
of
the
improvements.
Fiscal
Impact:
There
is
no
Fiscal
Impact
as
a
result
of
the
requested
action.
Public
Notification:
None
.
Attachments: A.
Standard
Agreement
Reviewed/Approved
By:
Wend
aserman
Assistant
City
Manager
2 of
14 Reviewed
By:
Alan
Fenstermacher
City
Attorney
:::~-/4
City
Manager
September 16, 2025, Item #10
Poway, California 6 \ 1G\z·c1_
Agreement Date
STANDARD AGREEMENT FOR CONSTRUCT/ON
OF PUBLIC IMPROVEMENTS
(Lyon Estates -STl21-003)
The CITY OF POWAY ("CITY") and New Pointe Investment 43 LLC. ("OWNER") agree as follows:
A. OWNER is required to construct the following public improvements ("work") for the above referenced project:
a. Installation of a public water main, fire hydrants, and associated appurtenances b. Installation of a public sewer main and manholes
c. New curb, gutter, sidewalk, and pavement for a portion of Larchmont Drive d. Installation of 35 monuments
B. CITY approved plans and specifications for the construction of the work, which are incorporated herein by reference, and identified as Public Improvement Plans STl21- 003.
C. The following are attached hereto and made a part hereof:
Schedule A
Schedule B
Public Improvements
Monument Setting
1. IMPROVEMENTS: TIME TO PERFORM: For valuable consideration OWNER agrees to do, or cause to be done, at OWNER's expense and without any cost or liability to the CITY, all of the work described herein by the date specified on Schedule A. OWNER warrants that all of the materials supplied and work to be done will be of good quality and workmanship. Said work shall be in strict conformity with the plans and specifications of the work, the standard specifications and drawings for public improvements adopted by CITY, and this agreement.
OWNER shall furnish all transportation, equipment, labor, services, permits, utilities, and all other items necessary to complete the work. OWN ER shall pay all claims, demands, and liability arising out of or resulting from or in connection with the performance of the work. OWNER shall furnish accurate "as constructed" plans. In addition, Owner shall, prior to acceptance of the work by City Council, set all final monuments and stakes. OWNER's obligations herein are not limited by any cost estimates, nor will any estimate be a measure of damages.
CITY, in its sole discretion and without liability to CITY, City Council Members, CITY's Engineer and their consultants, and each of their officials, directors, officers, employees and agents, may require changes, alterations, or additions to the plans and specifications which do not exceed ten percent (10%) of the original CITY approved cost estimate of the work. CITY, in its sole discretion and without liability to CITY, City Council Members, CITY's Engineer and their consultants, and each of their officials, directors, officers, employees and agents, may require changes, alterations, or additions in addition to said ten percent (10%) limitation if required to correct errors or omissions in the approved plans and specifications, and for unforeseen conditions such as, but not limited to, rock excavation, unstable soil conditions, or high water tables requiring de-watering.
Agreement - 1 of 8
3 of 14 ATTACHMENT A
September 16, 2025, Item #10
2. INSURANCE: OWNER shall not commence or continue to perform any work unless OWNER has in full force and effect all required insurance with companies satisfactory to CITY. To be acceptable, insurers must be authorized to do business and have an agent for service of process in California, and have an "A" policyholder's rating and a financial rating of at least Class XI in accordance with the current Best's Ratings. OWNER shall not permit any contractor or subcontractor to perform any work unless the worker's compensation insurance requirements have been complied with by each of them. All insurance policies shall be maintained until the work is accepted by the CITY and provide for coverage of all causes of action or disputes arising out of acts in performance of the construction of the public improvement herein whether said causes or disputes are filed or brought to the attention of the CITY before or after the CITY acceptance of work.
With approval of the CITY's Attorney, insurance coverage required by this section may be satisfied by insurance held in name of prime contractor of OWNER, provided that prime contractor coverage is sufficiently broad to include all losses on job site.
As evidence of coverage, OWNER shall provide certificates of insurance and endorsement of CITY forms. Each certificate shall bear an endorsement waiving right of cancellation or change in coverage without forty-five (45) days notice in writing delivered to CITY.
Before issuance of construction permit, OWNER shall provide certificate(s) of insurance, satisfactory to CITY, certifying that OWNER, and each of OWNER'S contractors, has for the agreement period, full worker's compensation insurance coverage for all persons who are or may be employed in carrying out the work.
Before issuance of construction permit, OWNER shall provide to CITY, certificates of insurance and endorsements that OWNER has liability insurance coverage naming CITY as additional insured for both bodily injury and property damage in a single limit of not less than that specified on Schedule A for any one occurrence.
Liability insurance coverage shall include each of the following types of insurance as required by the CITY to carry out this agreement.
A. General Liability
1. Comprehensive Form
2. Premises-Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/Completed Operations
Hazard
6. Contractual Insurance
7. Broad Form Property Damage
Including Completed Operations
8. Independent Contractors
9. Personal Injury
B.
1. 2.
3. 4.
Automobile Liability
Comprehensive Form,
Including Loading and Unloading
Owned
Hired
Non-Owned
Contractual insurance shall be sufficiently broad to indemnify CITY as set forth in Paragraph 4.
Any liability insurance naming the CITY insured, shall include as additional insured City Council Members, CITY's Engineer and their consultants, officials, directors, officers, agents, and employees. Insurance afforded them shall be primary insurance and the amount provided shall not be reduced or prorated by reason of any other insurance they might have.
Agreement -2 of 8
4 of 14
September 16, 2025, Item #10
Nothing contained in these insurance requirements shall limit the liability of OWNER or OWNER's insurance companies. Review and acceptance of insurance certificates shall not constitute any representation by CITY or its representative that any required insurance has been issued.
3. OWNER'S LIABILITY: OWNER shall, at OWNER's sole cost and expense, be solely and completely responsible for all matters affecting the design, prosecution, progress and completion of the work, (both on and off the job site). OWNER shall be responsible for observing all laws. OWNER shall provide for public convenience and safety, and safety of workers, including OWNER's workers and those of OWNER's contractors, subcontractors and suppliers, and others contributing to the work. OWN ER shall protect CITY property and property rights of others, including the location, maintenance and replacement of utilities, whether shown on the plans or not. OWNER shall give prior notification to utility owners. OWNER shall protect against and prevent drainage from storm runoff. OWNER shall not interfere with the lawful use by others of easements and rights-of-way. Nothing in this agreement, the specification, or other contract documents, or CITY's approval of the plans and specifications or inspection of the work, shall relieve the OWNER or contractor of full responsibility for all aspects of the work. CITY, City Council Members, CITY's Engineer, and their consultants, and each of their officials, directors, officers, employees, and agents shall have liability for any aspect of the work.
4. OWNER'S INDEMNIFICATION: For Claims (as defined herein) arising out of the work contemplated to be performed by OWNER under this agreement, CITY and its elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to OWNER or any other person for, and OWNER shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of OWNER's negligent performance under this agreement, or by the negligent or willful acts or omissions of OWNER, its agents, officers, directors, contractors, or employees.
The foregoing obligations of OWNER shall not apply to the extent that the Claims arise from the negligence or willful misconduct of CITY or its elected and appointed boards, officials, officers, agents, employees and volunteers.
In any and all Claims against CITY by any employees of the OWNER, anyone directly or indirectly employed by OWNER, or anyone for whose acts OWNER may be liable, the indemnification obligation under this Section 4 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the OWNER under worker's compensation acts, disability benefit acts or other employee benefit acts.
OWNER shall also indemnify and hold harmless CITY, City Council Members, CITY's Engineer, and their consultants, and each of their officials, directors, officers, employees and agents from and against all losses, expenses, damages (including damages to the work itself), attorneys fees, and other costs, including costs of defense, which any of them may incur both during and after completion with respect to any latent deficiency in the design, specifications, surveying, planning, supervision, observation of or construction of the improvements referred to herein or any injury to a person or property, real or personal, as a result of any such latent deficiency.
CITY's costs shall include the cost of inspecting and restoring other portions of the work which CITY reasonably suspects may also be defective by reason of known defects in the work or other work performed by OWNER or OWNER's contractors, subcontractors, or suppliers or Agreement -3 of 8
5 of 14
September 16, 2025, Item #10
designed
by
their
representatives.
Provisions
of
this
Paragraph
4 shall
remain
in
effect
ten
(10)
years
following
acceptance
of
improvements
by
the
CITY.
Nothing
contained
herein
shall
limit
CITY's
remedies
pursuant
to
Code
of
Civil
Procedure,
Section
337.15.
5. SECURITY:
With
the
execution
of
this
agreement,
OWNER
shall
furnish
and
deliver
to
CITY
,
at
no
expense
to
CITY,
a
payment
bond
and
a
performance
bond
. Each
shall
be
in
the
amount
of
the
CITY-approved
estimate
specified
on
Schedule
A.
Bonds
shall
be
furnished
by
surety
companies
satisfactory
to
the
CITY
on
the
forms
provided
by
CITY.
No
alterations
or
substitution
of
said
forms
will
be
allowed.
To
be
acceptable,
surety
companies
must
be
authorized
to
do
business
and
have
an
agent
for
service
of
process
in
California,
be
on
the
accredited
list
of
the
United
States
Treasury
Department,
and/or
have
an
"A"
policy
holders
rating
and
a
financial
rating
of
Class
XI
or
better
in
accordance
with
the
current
"Best's
Rating."
The
bonds
will
be
limited
to
amounts
acceptable
to
the
Treasury
Department.
None
of
the
following
shall
in
anywise
affect
the
obligations
of
any
surety.
Each
surety
waives
notice
thereof:
(a)
any
change,
extension
of
time,
alteration,
or
additions
to
the
terms
of
the
agreement
, or
the
work
to
be
performed,
or
the
plans
and
specifications
therefore;
(b)
any
matters
unknown
to
surety
which
might
affect
surety's
risk
except
that
CITY
will
advise
surety
upon
request
of
the
following:
(1)
any
written
claims
it
receives
from
unpaid
subcontractors
or
suppliers,
and
(2)
any
written
orders
received
from
other
public
authorities
charging violations
of
laws,
ordinances
or
regulations,
and
(3)
failure
of
OWNER
to
comply
with
any
written
notice
to
correct
defective
work.
The
obligations
of
OWNER
shall
not
be
limited
by
the
amount
of
such
bonds.
6. TYPES/AMOUNT
OF
SECURITY:
In
lieu
of
payment
and
performance
bonds,
OWNER
may
furnish
CITY
either
cash,
a
Letter
of
Credit,
or
an
Agreement
of
Deposit
as
security
for
performance.
Said
security
shall
be
in
amount
no
less
than
one
hundred
percent
(100%)
of
the
cost
estimate
and,
in
addition,
for
payment
of
those
furnishing
materials,
labor
or
equipment
in
amount
not
less
than
fifty
percent
(50%)
of
the
cost
estimate.
Said
security
agreements
shall
be
on
forms
furnished
by
CITY.
No
alterations
or
substitution
of
said
forms
will
be
allowed.
The
obligations
of
OWNER
shall
not
be
limited
by
the
amount
of
the
security
required.
7. COSTS
AND
DEPOSITS:
OWNER
agrees
to
pay
CITY,
on
demand,
the
full
amount
of
all
of
CITY's
costs
incurred
in
connection
with
the
work
and
this
agreement.
These
costs
include,
but
are
not
limited
to,
plan
checking,
inspection,
materials
furnished,
attorneys
fees
incurred
in
connection
with
preparing
and
negotiating
this
agreement,
and
all
other
expenses,
including
engineers
and
attorneys
fees
of
CITY,
directly
attributable
to
the
work
and
this
agreement.
These
costs
shall
include
a
reasonable
amount
for
CITY's
overhead
in
connection
therewith,
plus
any
applicable
fees
of
CITY.
CITY's
costs
shall
include
the
cost
of
inspecting
and
restoring
other
portions
of
the
work
both
during
and
after
acceptance,
which
CITY
reasonably
suspects
may
also
be
defective
by
reason
of
known
defects
in
the
work
or
other
work
performed
by
OWNER
or
OWNER's
contractors,
subcontractors,
or
suppliers
or
designed
by
their
representatives.
OWNER
shall
deposit
with
CITY
concurrently
with
the
execution
of
this
agreement,
such
sums
as
the
CITY
establishes
as
deposits
set
forth
on
Schedule
A.
Should
the
actual
expenses
be
in
excess
of
the
deposit
set
forth
on
Schedule
A,
OWNER
shall
pay
the
amount
of
such
excess
on
demand.
Should
the
a,ctual
expenses
be
less
than
the
estimated
deposit
on
Schedule
A,
the
difference,
without
interest,
shall
be
refunded
to
OWNER
within
ninety
(90)
days
of
acceptance
of
work
by
CITY;
provided,
however,
the
CITY
shall
have
the
right
first
to
apply
any
excess
monies
to
any
other
obligation
which
OWNER
might
have
to
CITY.
Said
deposit
is
not
a
trust
fund
and
said
deposit
may
be
co-mingled
with
other
similar
deposits.
8. PARTIAL
UTILIZATION:
Until
all
work
has
been
completed
and
accepted
by
CITY
and
all
other
Agreement
-4
of
8 6
of
14 September 16, 2025, Item #10
public
authprities
having jurisdiction,
OWNER
shall
be
responsible
for
the
care,
maintenance
of,
and
any
damage
to
the
work.
When
the
work
or
any
portion
of
it
is
sufficiently
complete
to
be
utilized
or
placed
into
service,
CITY
shall
have
the
right
upon
written
notification
to
OWNER
to
utilize
such
portions
of
the
work
and
to
place
the
operable
portions
into
service.
With
this
notice
and
commencement
of
utilization
or
operation
by
the
CITY,
OWNER
shall
be
relieved
of
the
duty
of
maintaining
the
portions
so
utilized
or
placed
into
operation.
However,
such
use
and
operation
shall
not
relieve
OWNER
of
the
full
responsibility
for
completing
the
work
in
its
entirety,
for
making
good
defective
work
and
materials,
for
protecting
the
work
from
damage,
and
for
being
responsible
for
damage
and
for
the
work
as
set
forth
herein.
Nor
shall
such
action
by
CITY
be
deemed
completion
and
acceptance.
Further,
such
action
shall
not
relieve
OWNER,
or
OWNER's
sureties
and
insurers
,
of
the
provisions
hereof
relating
to
indemnity
and
guarantees.
9. ACCEPTANCE
OF
PROJECT/WARRANTY:
Acceptance
of
the
work
shall
only
be
by
action
of
the
City
Council.
Neither
the
acceptance
nor
any
prior
inspections
or
failure
to
inspect
shall
constitute
a
waiver
by
CITY
of
any
defects
in
the
work.
From
and
after
acceptance,
the
work
shall
be
owned
and
operated
by
CITY.
As
a
condition
to
acceptance,
OWNER
and
OWNER's
contractor
shall
each
certify
to
CITY
in
writing
that
all
of
the
work
has
been
performed
in
strict
conformity
with
the
agreement
and
that
all
costs
have
been
paid
or
supply
to
CITY
security,
satisfactory
to
CITY,
guaranteeing
such
performance.
In
addition
to
OWNER's
other
obligations
under
the
agreement,
OWNER
warrants
all
work
and
materials
to
be
of
good
quality
and
fit
for
the
purpose
and
intended
use.
OWNER
shall
repair,
replace,
and
restore
any
and
all
such
work
which
may
prove
defective
in
workmanship
and/or
materials,
without
expense
whatsoever
to
CITY;
ordinary
wear
and
tear
and
unusual
abuse
or
neglect
excepted.
OWNER
shall
also
repair,
replace,
and
restore
any
other
work
which
is
displaced
in
correcting
defective
work,
as
well
as
other
portions
of
the
work
which
CITY
by
reason
of
such
defects
reasonably
suspects
may
also
be
defective.
OWNER
shall
provide
a
warranty
bond
or
other
security
satisfactory
to
CITY
for
a
period
of
one
(1)
year.
Said
bond
or
other
security
shall
be
in
an
amount
satisfactory
to
CITY,
but
in
no
case
less
than
ten
(10)
percent
of
project
cost.
Said
bond
or
other
security
shall
in
no
way
limit
the
time
within
which
CITY
may
bring
action
for
breach
of
this
warranty
(CCP
337)
or
action
for
latent
defects
(CCP
337.15)
nor
the
amount
of
such
claim
or
judgment.
In
the
event
of
a failure
to
commence
with
the
compliance
of
above-mentioned
conditions
within
seven
(7)
calendar
days
after
being
notified
in
writing
or
failure
to
diligently
pursue
such
compliance
to
completion,
CITY
is
hereby
authorized
to
proceed
to
have
the
defects
repaired
and
made
good
at
the
expense
of
OWNER
who
hereby
agrees
to
pay
the
cost
and
charges
therefor
immediately
on
demand
.
If,
in
the
opinion
of
CITY,
nonconforming
work
creates
a
dangerous
condition
or
requires
immediate
correction
or
repair
to
prevent
further
loss
to
CITY
or
to
prevent
interruption
of
operations
, CITY
will
attempt
to
give
the
OWNER
notice.
If
OWNER
cannot
be
contacted
or
does
not
comply
with
CITY's
request
for
correction
within
a
reasonable
time
as
determined
by
CITY,
CITY
may
proceed
to
make
such
correction
or
provide
such
repair.
The
costs
of
such
correction
or
repair
shall
be
charged
against
OWNER,
who
agrees
to
make
payment
for
said
costs
upon
demand.
Corrective
action
by
CITY
will
not
relieve
OWNER
or
OWNER's
sureties
or
insurers
of
the
guarantees
and
indemnities
of
this
agreement.
This
paragraph
does
not
in
any
way
limit
CITY's
remedies
pursuant
to
Code
of
Civil
Procedure,
Agreement
- 5
of
8 7
of
14 September 16, 2025, Item #10
Section
337
and
337
.15,
or
the
guarantee
on
any
items
for
which
a longer
guarantee
is
specified
or
on
any
items
for
which
a
manufacturer
or
supplier
gives
a longer
guarantee
period.
OWNER
agrees
to
act
as
a
co-guarantor
with
such
manufacturer
or
supplier,
and
shall
furnish
CITY
all
appropriate
guarantee
or
warranty
certificates
upon
completion
of
the
project.
No
manufacturers
guarantee
period
shall
in
any
way
limit
the
liability
of
OWNER
or
OWNER's
sureties
and
insurers
under
the
indemnity
or
insurance
provisions
of
this
agreement.
10. EASEMENTS
AND
FEE
INTERESTS:
OWNER
shall
at
OWNER's
sole
cost
and
expense,
furnish
CITY
with
appropriate
easements
and
fee
title
to
required
facilities
sites
for
the
entire
work
, free
and
clear
of
all
liens
, encumbrances,
restrictions,
and
covenants,
other
than
current
real
property
taxes
then
a
lien
but
not
yet
payable.
At
OWNER
's
cost
and
expense,
OWNER
shall
furnish
CITY
with
an
acceptable
title
insurance
policy
insuring CITY
has
title
as
required
above
with
an
endorsement
insuring
CITY
against
mechanic's
lien
claims
arising
out
of
the
performance
of
the
work.
Easements
shall
be
in
standard
form
acceptable
to
CITY,
shall
be
not
less
than
the
width
CITY
determines
necessary
to
maintain
the
work
and
shall
be
executed
and
delivered
to
CITY
concurrent
with
execution
of
this
agreement.
Easements
shall
be
recorded
prior
to
CITY
accepting
the
work
or
furnishing
services
to
any
portions
of
the property
under
development
(other
than
those
as
may
be
delivered
under a
temporary
service
agreement
with
OWNER).
11. CONTRACTORS
AND
AGENTS:
OWNER
shall
be
as
fully
responsible
to
CITY
for
the
acts
and
omissions
of
OWNER's
contractor
and
of
the
persons
directly
or
indirectly
employed
by
OWNER's
contractor
as
OWNER
is
for
the
acts
and
omissions
of
persons
directly
or
indirectly
employed
by
OWNER.
Nothing
contained
in
the
agreement
shall
create
any
contractual
relationship
between
any
contractor
or
others
and
CITY.
OWNER
shall
bind
every
contractor
to
be
bound
by
the
terms
of
this
agreement.
12. DEFAULT
BY
OWNER:
OWNER
shall
be
in
default
of
this
agreement
if,
in
the
sole
discretion
of
the
CITY,
OWNER
refuses
or
fails
to
construct
the
improvements
required
hereby
in
a
workmanlike
manner,
or
OWNER
refuses
or
fails
to
prosecute
the
work
or
any
separable
part
thereof
with
such
diligence
as
will
ensure
its
completion
within
the
time
specified
herein,
or
any
written
extension
thereof
, or
fails
to
complete
such
work
within
such
time,
or
if
OWNER
should
be
adjudged
bankrupt,
make
a
general
assignment
for
the
benefit
of
creditors
, or
if a
receiver
should
be
appointed
on
account
of
OWNER's
insolvency
or
if OWNER
or
the
contractor
, or
any
of
their
subcontractors
violate
any
of
the
provisions
of
this
agreement
, or
if OWNER
fails
to
make
prompt
payment
for
materials
or
labor
or
if OWNER
disregards
laws
, ordinances,
or
instructions
of
CITY.
CITY
shall
serve
written
notice
upon
the
OWNER
and
OWNER's
surety
of
its
intention
to
declare
this
agreement
in
default.
Said
notice
will
contain
the
reasons
for
such
intention
to
declare
a
default.
Unless,
within
ten
(10)
days
after
the
service
of
such
notice,
such
violations
shall
cease
and
satisfactory
arrangements
for
the
corrections
thereof
be
made,
this
agreement
shall
upon
the
expiration
of
said
time
be
in
default.
Upon
such
default,
CITY
shall
serve
written
notice
thereof
upon
the
surety
and
OWNER,
and
the
surety
shall
have
the
right
to
take
over
and
perform
this
agreement.
If
the
surety
does
not,
within
fifteen
(15)
days
after
the
serving
upon
it
of
a
notice
of
default,
give
CITY
written
notice
of
its
intention
to
take
over
and
perform
this
agreement
or
does
not
commence
performance
thereof
within
thirty
(30)
days
from
the
date
of
CITY's
notice,
CITY
may
take
over
the
work
and
prosecute
the
same
to
the
extent
of
completion
it deems
necessary
by
contract
or
by
any
other
method
it
may
deem
advisable
for
the
account
and
at
the
expense
of
OWNER,
and
the
surety
shall
be
liable
to
CITY
for
any
cost
or
other
damage
occasioned
CITY
thereby
.
In
such
event,
CITY
may,
without
liability
for
so
doing,
take
possession
of
and
utilize
in
completing
such
work,
such
materials
, appliances
, plants
, and
other
property
belonging
to
OWNER
that
may
be
on
the
site
of
the
work
and
be
necessary
therefore.
Should
surety
fail
to
take
over
and
diligently
Agreement
-6 of
8 8
of
14 September 16, 2025, Item #10
perform
the
agreement
upon
Principal's
default,
surety
agrees
to
promptly,
on
demand,
deposit
with
CITY
such
amount
as
CITY
may
reasonably
estimate
as
the
cost
of
completing
all
of
OWNER's
obligations.
For
any
such
work
that
CITY
elects
to
complete
by
furnishing
its
own
employees,
materials,
tools,
and
equipment,
CITY
shall
receive
reasonable
compensation
therefore,
including
costs
of
supervision
and
overhead.
CITY
may,
at
its
option,
elect
not
to
complete
any
or
all
of
the
work
and
may
elect
not
to
accept
any
of
the
work
already
completed.
If
CITY
elects
not
to
accept
any
of
the
work,
then
all
CITY's
obligations
to
OWNER
and
the
lands
to
be
served
shall
terminate.
CITY's
obligations
to
OWNER
and
the
lands
to
be
served
shall
continue
to
the
extent
of
any
acceptance,
subject
to
CITY's
right
to
offset
any
sums
due
it.
The
foregoing
provisions
are
in
addition
to,
and
not
in
limitation
of,
any
other
rights
or
remedies
available
to
CITY.
13. REMOVAL
OF
IMPROVEMENTS:
If
the
work
is
suspended
or
otherwise
not
continuously
prosecuted
for
any
cause
whatsoever,
within
or
without
the
time
for
completion,
OWNER
shall,
at
OWNER's
sole
cost
and
expense,
remove
and
replace
all
or
any
portion
of
the
work
already
completed
and
inspected
which
CITY,
in
its
sole
discretion,
determines
is
substandard,
damaged,
or
may
constitute
danger
to
the
public.
14. ATTORNEY
FEES
AND
COSTS:
Should
CITY
engage
an
attorney
to
enforce
any
provision
of
this
agreement
or
to
defend
any
claim
brought
by
anyone
arising
out
of
the
failure
of
OWNER
to
perform
any
of
OWNER's
obligations
under
this
agreement,
OWNER
shall
pay
all
of
CITY's
attorney's
fees
incurred
in
connection
therewith,
with
or
without
suit,
whether
or
not
said
attorney
is
in
the
regular
employ
of
the
CITY.
15. FUTURE
CHARGES:
Nothing
in
this
agreement
shall
relieve
OWNER
or
OWNER's
successors
or
assigns
of
any
obligation
to
pay
any
connection,
installation,
expansion
or
other
fees,
charges,
or
other
expenses,
including
operation
and
maintenance
expenses,
required
under
any
present
or
future
established
ordinances,
rules,
regulations,
and
policies
of
CITY.
16. ASSIGNMENT:
The
performance
of
the
agreement
may
not
be
assigned,
by
OWNER
except
upon
the
written
consent
of
CITY.
Consent
will
not
be
given
to
any
proposed
assignment
which
would
relieve
OWNER
or
OWNER's
sureties
of
their
responsibilities
under
the
agreement,
unless
CITY
finds
that
assignee
can
perform
this
agreement
and
provide
security
comparable
to
that
provided
by
OWNER.
17. NOTICE:
All
notices
required
hereunder
shall
be
deemed
served
or
given
upon
the
earlier
of
actual
receipt
or
deposit
in
the
United
States
Mail,
first
class
postage
prepaid,
addressed
to
OWNER
at
the
address
set
forth
below,
to
the
surety
at
the
address
in
the
security
instrument,
and
to
CITY
at
P.O.
Box
789
, Poway,
California
92074-0789.
Agreement
- 7
of
8 9
of
14 September 16, 2025, Item #10
CITY
OF
POWAY
By
~
Ch
~
-;-City
Manager
OWNER:
New
Pointe
Investment
43 LLC
c/o
New
Pointe
Communities
Inc.
By
:
ADDRESS:
16880
West
Bernardo
Drive
#110
San
Diego,
Ca
92127
PHONE:
(858)
451-8700
(Signatures
Must
Be
Notarized)
Approved
as
to
Form:
Office
of
the
City
Attorney
Alan
Fenstermacher
, City
Attorney
Date
10 of
14 Agreement
- 8
of
8 September 16, 2025, Item #10
CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGMENT
CIVIL
CODE§
1189
~i'":("cy~.£':('~~~~~cris~~~~ca:~~~'Ca~~~~~~
--~
---
~_£.ill
A
notary
public
or
other
officer
completing
this
certificate
verifies
only
the
identity
of
the
individual
who
signed
the
document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State
of
California
County
of
San
Diego
On
July
5,
2022
before
me,
___
Y_v_o_n_n_e_M_a_n_n_io_n_,
_N_o_ta_r~y_P_u_b_lic
_____
_
Date
Here
Insert
Name
and
Title
of
the
Officer
personally
appeared
______
C_h_ri_s_H--'-a_z-'--e---'lt_in_;e;__
______________
_
Name(s)
of
Signer(s)
who
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.
YVONNE
MANNION
Notary
Public
-California
San
Dleso
County
Commission
II 2363699
y Comm.
Expires
Jul
1,
2025
Place
Notary
Seal
Above
I certify
under
PENAL
TY
OF
PERJURY
under
the
laws
of
the
State
of
California
that
the
foregoing
paragraph
is
true
and
correct.
WITNESS
my
hand
and
official
seal.
Signature
--,"-o+-,.+..<.
..=c..c
"-.c....=..__a_.=--'-'
"-"'t-
-6lA.----'
11.-"--'---:1.D_'::'I ____
_
Signature
of
Notary
Public
---------------OPTIONAL---------------
Though
this
section
is
optional,
completing
this
information
can
deter
alteration
of
the
document
or
fraudulent
reattachment
of
this
form
to
an
unintended
document.
Description
of
Attached
Document
Title
or
Type
of
Document:
Standard
Agreement
for
Construction
fo
Public
Improvements
STl21-003
Document
Date:
___________________
Number
of
Pages:
_____
_
Signer(s)
Other
Than
Named
Above:
______________________
_
Capacity(ies)
Claimed
by
Signer(s)
Signer's
Name:
____________
_
Signer's
Name:
____________
_
D
Corporate
Officer
-
Title(s):
______
_
D
Corporate
Officer
-
Title(s):
______
_
D
Partner
-
D
Limited
D
General
D
Partner
-
D
Limited
D
General
D
Individual
D
Attorney
in
Fact
D
Individual
D
Attorney
in
Fact
D
Trustee
D
Guardian
or
Conservator
D
Trustee
D
Guardian
or
Conservator
D
Other:
______________
_
D
Other:
______________
_
Signer
Is
Representing
: _________
_
Signer
Is
Representing
: ________
_
:;<X¥;,'g(;~~'g,"§'(;'g;,'<;~;~;;
;q:!;;(-,':g(,~'§(?,~~~4'<,X;.~.,(;vq;c~g~"<,'g{;,'g,~::<,'§Z,~~'g;,'g;'g;,'g(,,g;~ ©2016
National
Notary
Association·
www.NationalNotary
.org
• 1-800-US
NOTARY
(1-800-876-6827)
Item
#5907
11 of
14 September 16, 2025, Item #10
ACKNOWL
EDGMENT
A
notary
public
or
other
officer
completing
this
certificate
verifies
only
the
identity
of
the
individual
who
signed
the
document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State
of
California
County
of
San
Diego
On
June
16,
2022
before
me,
Carrie
Lynn
Byrd,
Notary
Public
(insert
name
and
title
of
the
officer)
personally
appeared
_S_c_o_t_S_a_n_d_st_r_o_m
____________________
_
who
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.
I certify
under
PENAL
TY
OF
PERJURY
under
the
laws
of
the
State
of
California
that
the
foregoing
paragraph
is
true
and
correct.
WITNESS
my
hand
and
official
seal.
(Seal)
12 of
14 CARRIE
LYNN
BYRD
Notary
Public
-Caiifornia
San
Dieg
o County
Commission
ii
2388292
Y Comm
. Expires
Dl!c 25.
2025
September 16, 2025, Item #10
OWNER: New Pointe Investment 43 LLC
Agreement Date
SCHEDULE A TO STANDARD AGREEMENT
FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS
(Lyon Estates -STl21-003)
This schedule is attached to and made a part of the Standard Agreement for Construction of Public Improvements between CITY and OWNER for the above-referenced project. The following correspond to the paragraph numbers of the agreement.
1. Completion Date:
2. Liability Insurance Limits:
3. a. Approved Cost Estimate:
b. Approved Security Amount:
Performance
Payment
(Labor & Materials)
4. Deposit/Fee Amount:
Prior to issuance of first Building Permit or two
(2) years from the date of this agreement,
whichever comes first.
$2,000,000.00, combined limit each occurrence
$391,800.00
$391 800.00
$195,900.00
See Note Below
5. Warranty Security Amount: ~$_39~1_8_0._0_0 _________ _ (To be posted prior to acceptance of work)
Note: Prior to start of construction, a deposit shall be paid to the City to cover inspection fees and related post-plan approval tasks. The minimum deposit shall be based on the City's fee rate at the time of payment.
Schedule A to Standard Agreement - 1 of 1
13 of 14
September 16, 2025, Item #10
OWNER
New
Pointe
Investment
43 LLC
Agreement
Date
SCHEDULE
B
(MONUMENT
SETTING)
TO
STANDARD
AGREEMENT
FOR
CONSTRUCTION
OF
PUBLIC
IMPROVEMENTS
(Lyon
Estates
-
STl21-003)
This
schedule
is
attached
to
and
made
a
part
of
the
Standard
Agreement
for
Construction
of
Public
Improvements
between
CITY
and
OWNER
for
the
above-referenced
property
.
Security
Amount:
=$....a1...:.4..i..:::,5=0...;::.0..:....:.0=0
_____
_
1. Monument
Setting.
OWNER
at
OWNER's
sole
cost
and
expense
shall
within
thirty
(30)
days
of
acceptance
of
the
work,
cause
a
licensed
surveyor
engineer
to
set
all
monuments
and
stakes
not
installed
on
the
date
of
recording
of
the
Final
Map
for
the
above
reference
property
, or
which
having
been
set
were
removed,
altered
or
destroyed
before
acceptance
.
2. Security
Deposit.
OWNER
concurrently
herewith
shall
deposit
the
amount
specified
above
in
a
form
approved
by
the
City
engineer,
as
additional
and
independent
security
for
the
performance
of
the
setting
and
payment
of
the
engineer
or
surveyor.
3. Notice
of
Setting.
Within
five
(5)
days
after
the
final
setting
of
all
monuments
has
been
completed,
the
engineer
or
surveyor
shall
give
written
notice
thereof
to
OWNER
and
the
CITY
.
4. Payment
of
Engineer.
Upon
completion
of
setting
to
CITY's
satisfaction
and
payment
to
the
engineer
or
surveyor,
OWNER
shall
present
to
CITY
evidence
of
such
payment
and
receipt
thereof
by
the
engineer
or
surveyor
and
the
deposit
will
then
be
refunded
to
OWNER.
5. Nonpayment.
If OWNER
does
not
present
evidence
of
payment
and
if the
engineer
or
surveyor
notifies
the
CITY
of
nonpayment
, the
CITY
may,
within
three
(3)
months from
the
date
of
said
notification,
pay
the
engineer
or
surveyor
the
amount
due
from
any
deposit
or
security
therefor.
6. Death
or
Disability
of
Engineer.
Upon
the
death
, disability
or
retirement
from
practice
of
or
refusal
to
act
by
the
engineer
or
surveyor
charged
with
the
responsibility
for
setting
monuments,
CITY
may
direct
its
engineer
or
such
engineer
or
surveyor
as
it
may
select,
to
set
the
monuments.
If
the
original
engineer
or
surveyor
is
replaced
by
another
, the
former
may,
by
letter
to
CITY,
release
the
right
to
set
the
final
monuments
to
the
substitute
surveyor
or
engineer.
When
the
monuments
are
so
set
,
the
substitute
engineer
shall
amend
any
Final
Map
in
accordance
with
the
correction
and
amendment
provisions
of
Sections
66469
through
66472
of
the
Subdivision
Map
Act.
All
provisions
of
this
agreement
relating
to
payment
shall
apply
to
the
service
performed
by
the
substitute
engineer
or
surveyor.
14 of
14