December 16, 2025, Item #7
AG EN DA REPORT City of Poway
DATE:
TO:
FROM:
CONTACT:
December 16, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services q
Sara Trunzo, Senior Civil Engineer
(858) 668-4622 or [email protected]
CITY COUNCIL
SUBJECT: Acceptance of Public Improvements for the Sage at Old Coach Subdivision, Improvement Plan 22-0001
Summary:-
Improvement Plan (IMP) 22-0001 for the Sage at Old Coach Subdivision project included trail installation, sewer and water main extensions, and a fire hydrant. 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 IMP 22-0001 as complete; 2) Release the Performance Bond in the amount of $270,200; 3) Release the Payment Bond in the amount of $135,100; and 4) Retain the Warranty Bond in the amount of $27,020 for a period of one (1) year.
Discussion:
City Council approved the Tentative Tract Map (TTM) 21-004 for the Sage at Old Coach residential subdivision at the northwest corner of the intersection of Old Coach Road and Espola Road on December 7, 2021. As a condition of approval for the development, the project was required to install public improvements including sewer, storm drain, street, trail and landscaping improvements.
Additional improvements on the plans included a fire hydrant and improvements to the existing bus stop on Espola Road including a concrete pad, benchand signage. 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 approval is required for the release of the securities associated with this project.
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December 16, 2025, Item #7
Environmental Review:
A Final Environmental Impact Report (FEIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the Old Coach Golf Estate Specific Plan (OCGESP), and was certified on May 15, 1990. An Addendum for the proposed project prepared in accordance with Section 15164 of the CEQA Guidelines was adopted by the City Council on December 7, 2021.
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:
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
December 16, 2025, Item #7
Poway,
California
Agreement
Date
STANDARD
AGREEMENT
FOR
CONSTRUCTION
OF
PUBLIC
IMPROVEMENTS
(Sage
at
Old
Coach
-
IMP22-001)
The
CITY
OF
POWAY
("CITY")
and
New
Pointe
Investment
52 LLC.
("OWNER")
agree
as
follows:
A.
OWNER
is
required
to
construct
the
following
public
improvements
("work")
for
the
above
referenced
project:
a.
Installation
of
public
water
main,
fire
hydrant,
and
associated
appurtenances
b.
Installation
of
a
public
sewer
main
and
manholes
c.
New
curb,
gutter,
sidewalk,
and
pavement
for
a
portion
of
Old
Coach
Road
d.
Installation
of
7 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
IMP22-
001.
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.
OWNER
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.
3 of
15 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 ATTACHMENT
A
December 16, 2025, Item #7
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.
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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.
1. 2.
3. 4.
5. 6.
7. 8.
9. General Liability
Comprehensive Form
Premises-Operations
Explosion and Collapse Hazard
Underground Hazard
Products/Completed Operations
Hazard
Contractual Insurance
Broad Form Property Damage
Including Completed Operations
Independent Contractors
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
December 16, 2025, Item #7
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. OWNER 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. 5 of 15
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
December 16, 2025, Item #7
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
actual
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
15 December 16, 2025, Item #7
public authorities 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 OWN ER 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.
7 of 15
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
December 16, 2025, Item #7
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.
8 of 15
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
December 16, 2025, Item #7
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
15 December 16, 2025, Item #7
OWNER: New Pointe Investment 52 LLC
Agreement Date
SCHEDULE A TO STANDARD AGREEMENT
FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS
(Sage at Old Coach -IMP22-001)
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
$270 200.00
$270,200.00
$135,100.00
See Note Below
5. Warranty Security Amount: =$=27'-''=0=20=·-=-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
10 of 15
December 16, 2025, Item #7
OWNER
New
Pointe
Investment
52 LLC
Agreement
Date
SCHEDULE
B
(MONUMENT
SETTING)
TO
STANDARD
AGREEMENT
FOR
CONSTRUCTION
OF
PUBLIC
IMPROVEMENTS
(Sage
at
Old
Coach
-
IMP22-001)
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:
..._$_6
...... ,2~1_0_.o_o
_____
_
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.
11 of
15 December 16, 2025, Item #7
CITY
OF
POWAY
By
~
ChrisHazeme,Clty
Manager
OWNER
:
New
Pointe
Investment
52 LLC
c/o
New
Pointe
Communities
Inc
.
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
12 of
15 Agreement
- 8
of
8 December 16, 2025, Item #7
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
May
4,
2023
before
me,
Carrie
Lynn
Byrd
1 Notary
Public
(insert
name
and
title
of
the
officer)
personally
appeared
Scot
C.
Sandstrom
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.
············1
,,•
"'
,.,
CARRIE
LYNN
BYRD
• -
Notary
Public
• Califor,ia
:
!
San
Di'i<)
County
~
,
Commiss
ion
f 21882'2
-
• o•
,.
My
Comm
. ExpirM
Dec
25 . 2025
(Seal)
13 of
15 December 16, 2025, Item #7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
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 May 31, 2023 before me, __ Y_v_o_n_n_e_M_a_n_n_io_n~,_N_o_t_a ..... ry_P_u_b_lic ____ _ Date Here Insert Name and Title of the Officer
personally appeared _________ C..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. eo•••••••~ YVONNE MANNION
Notart Public • California %
San Diego County la
Commission # 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-::::,....J.-;'-1. _l,_tJ_t_ci_~_-_,_·l-+-c'l_,._v_,,_·..,_.-) _____ _ 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 of Public Improvements IMP22-001 Document Date: __________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: _____________ _
Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~~~'%~~~~~~~~~~~~~~~
©2016 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 14 of 15
December 16, 2025, Item #7
CALIFORNIA
ACKNOWLEDGMENT
CIVIL
CODE
§
1189
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
lAt1
])'es()
}
On
Wo,
'-i
q,
20 Z3
1 Date
()
personally
appeared
~\
..... W~-
o_+~-c~·-cA~a~L~rids'-=_,_fn~-_._n-'-'r:D-:----'--"~--------- 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.
•;:~
•~
CARRIE
LY:-4N
BYRD
Notar,
?\.b1ic
• Ca1ifor~ia
:
San
Diego
County
!
Commission:
2388292
y Comm
. Expires
Dec
25,
2025
Place
Notary
Seal
and/or
Stamp
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
OPTIONAL
Completing
this
information
con
deter
alteration
of
the
document
or
fraudulent
reattachment
of
this
form
to
on
unintended
document.
Description
of
Attached
Document
Title
or
Type
of
Document:
___________________________
_
Document
Date:
_____________________
Numberof
Pages
: ___
_
Signer(s)
Other
Than
Named
Above:
______________________
_
Capacity(ies)
Claimed
by
Signer(s)
Signer's
Name
:
Signer's
Name
: ___________
_
o
Corporate
Officer
-
Title(s)
: ______
_
o
Corporate
Officer
-
Title(s):
______
_
o
Partner
-
o
Limited
o
General
o
Partner
-
o
Limited
o
General
o
Individual
o
Attorney
in
Fact
o
Individual
o
Attorney
in
Fact
o
Trustee
o
Guardian
or
Conservator
o
Trustee
o
Guardian
or
Conservator
D
Other:
D
Other
:
Signer
is
Representing:
_________
_
Signer
is
Representing:
_________
_
)~@!OO@g{'l:l9g~@g}~~ffi98{,,~ta¼llillill~@g}~~2®1!@~$g~~illill@ ©2019 National
Notary
Association
15 of
15