Res 250RESOLUTION NO. 250
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA AUTHORIZING THE CITY
OF POWAY TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF
SAN DIEGO TO RELEASE SUBDIVISIONS TO POWAY FOR
INSPECTIONS AND ACCEPTANCE
WHEREAS, the County has executed certain subdivision improvement
agreements which are secured by bonds guaranteeing performance satisfactory
to the County and which are now within the city limits of City; and
WHEREAS, City and County desire to have all subdivision improvements
completed in accordance with the aforementioned subdivision agreement; and
WHEREAS, City and County desire to have City accept all subdivision
improvements, parcel map improvements, and all public improvements for
maintenance and public uses; and
WHEREAS, City desires to inspect all subdivision improvements to
insure this acceptability of said improvements; and
WHEREAS, County has received deposits from subdividers to pay for
the cost of inspection of these subdivision improvements.
NOW, THEREFORE BE IT RESOLVED that the City of Poway does hereby
approve the attached Agreement (Exhibit A) with the County of San Diego
to release all subdivisions to City for inspections and acceptance.
APPROVED and ADOPTED by the City Council of the City of Poway, State
of California this 8th day of June, 1982.
~y Sh~pardson, Mayor
ATTEST:
j ri~ Wahlsten, City Clerk'
AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO
AND THE CITY OF POWAY INSPECTION AND
ACCEPTANCE OF DIVISIONS OF LAND WITHIN
THE CITY OF POWAY
THIS AGREEMENT executed this 8th day of June , 1982, by and between
the CITY OF POWAY, a municipal corporation, hereinafter called the City and
the COUNTY OF SAN DIEGo, a political subdivision of the State of California
hereinafter called the County. '
WHEREAS, the County has executed certain subdivision improvement agree-
ments which are secured by bonds guaranteeing performance satisfactory to the
County and which are now within the city limits of City; and
WHEREAS, City and County desire to have all subdivision improvements
completed in accordance with the aforementiQned subdivision agreement; and
WHEREAS, City and County desire to have City accept all subdivision
improvements, parcel map improvements, and all public improvements for
maintenance and public uses; and
WHEREAS, City desires to inspect all subdivision improvements to insure
the acceptability of said improvements; and
WHEREAS, County has received deposits fro~ subdividers to pay for the cost
of inspection of these subdivision improvements; and
WHEREAS, subdivision improvement agreements approved by the Board of
Supervisors prior to the incorporation of City, govern such subdivisions in
accordance with Section 66413. (a) of the State Subdivision Map Act; and
WHEREAS, County has approved certain divisions of land subject to certain
public improvements.
NOW, THEREFORE, it is mutually agreed by and between the City and County
as follows:
2e
The County Department of Public Works shall provide the City
with office and field records of all subdivisions within the
City of Poway (Tentative Map Numbers).
The County Department of Public Works shall provide the City
with office and field records of all Tentative Parcel Maps.
County hereby assigns all rights and delegates the performance
of all duties under each subdivision improvement agreement
relating to the tentative maps and tentative parcel maps to City.
City hereby accepts such assignment of rights and delegation
of duties and agrees to perform all acts which County would
otherwise be required to perform under said agreements. When-
ever the terms "County," "County Department," or "County Agents".
appear in said agreements, they shall be construed to refer to
"City," "City Department," or "City Agents," respectively.
Exhibit A to Resolution No. 250
-2-
County hereby assigns all rights and delegates the performance
of all duties under each bond agreement relating to all tentative
maps and tentative parcel maps to City. City hereby accepts such
assignment of rights and delegation of duties and agrees to accept
said bonds as security for faithful performance of said subdivision
improvement agreements and shall extend or release said bond% as may
be necessary.
5. County hereby assigns to and City hereby accepts assignment of all
deposit balances, including all rights, duties and obligations
pertaining thereto. City shall refund any surplus of said funds
to the respective subdividers, or shall collect additional f~nds
from such subdividers, as may be necessary.
6. City agrees to indemnify, defend and save harmless the County, its
officers, agents and employee~ from any and all claims and losses
accruing or resulting to City or any person arising from, or in any
manner connected with the installation, or lack of installation
of any improvements required to be installed for any of the above
identified subdivisions pursuant'to the aforementioned subdivision
improvement agreements.
7e
On improvements that have been previously installed and/or inspected
by the County, the County shall defend and indemnify the City in
matters of litigation directly or indirectly related to those matters
~reviously inspected by the County. Further, any litigation that
Ks currently proceeding shall continue to be defended by the County
in cooperation with the City as mutually agreed upon to the con-
clusion of the case.
IN WITNESS WHEREOF, this Agreement is executed by the CITY OF POWAy
%lnder and pursuant to a resolution adopted by the City Council and by the
COUNTY OF SAN DIEGO by resolution of the Board of Supervisors. ~
ATTEST:
CITY OF POWAY
~ary ~neparcson, Mayor
Marjor~e ~. Wahlsten, City Clerk
'RECOMMENDED:
COUNTY OF SAN DIEGO
R.J. Massman, Director
Department of Public Works
APPROVED AS~ FORM:
By
Clerk
Board of Supervisors
COUNTY COUNSEL
By