Res 300RESOLUTION NO. 300
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
AND RESCINDING RESOLUTION NO. 250
WHEREAS, on June 8, 1982, the City Council adopted Resolution No. 250
authorizing an Agreement with the County of San Diego to Release Subdivisions to
Poway for Inspection and Acceptance; and
W~HEREAS, the Agreement has been revised by County Counsel and the City
Attorney.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The agreement attached and marked Exhibit A is hereby approved;
2. Resolution No. 250 is hereby rescinded.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof this 14th day of September, 1982.
ATTEST:
MarjoriIK_~ Wahlsten, City Clerk
AGREEMENT BETWEEN THE CCUNTY OF SAN DIEGO
AND THE CITY OF POWAY INSPECTION AND
ACCEPT~3qCE OF DIVISIONS OF LAND WITHIN
THE CITY OF POWAY
THIS AGREEMENT, executed this day of , 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 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 agreements; and
WHEREAS, City and County desire to have City accept all subdivision improve-
ments, and all public improvements for maintenance and public uses; and
WHEREAS, City desires to inspect all ~bdivision improvements to insure the
acceptability of said improvements; and
WHEREAS, County has received fee deposits from subdividers to pay for the cost
of inspection of required improvements; and
WHEREAS, subdivision improvement agreements approved by the Board of Super-
visors prior to the incorporation of City, govern such subdivisiomin accordance
with Section 66413, (a) of the State Subdivision Map Act; and
~CHEREAS, 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:
1. The County Department of Public Works shall provide the City with
office and field records of all major and minor subdivisions within
the City of Poway.
EXHIBIT A to Resolution 300, 9/14/82
(Exhibit A approved 10/12/82)
o
City hereby accepts responsibility to properl'y maintain all records
received from the County and to comply with '~.i provisions of the
California Public Records Act regarding said records. County shall
have no further responsibility for the records deposited with the
City.
County hereby assigns a,ll rights and delegates the performance of all
duties under each subdivision improvement agreement relating to the
final maps and parcel maps to City. City hereby accepts such assign-
ment of rights-and delegation of duties and agrees to perform all acts
which County would otherwise be required to perform under said agree-
ments. Whenever 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.
County hereby assigns to and City hereby accepts assignments of all
fee deposit balances, including alt rights, duties and obligations
pertaining thereto. City shall refund any surplus of said funds tO'
the respective subdividers, or shall collect additional funds from
such subdividers, as may be necessary.
City agrees to indemnify, defend and save harmless the County, its
officers, agents and employees from any and all claims and losses
accruing or resulting to County 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 major and minor subdivisions pursuant to the aforementioned
subdivision improvement agreements.
County agrees to indemnify, and save harmless the City, its officers
agents and employees from any and all claims and losses occurring or
resulting to the City, or any person, arising from errors or omissions
of County inspection in the acceptance of improvements required to be
installed for subdivisions within the City of Poway and which were
accepted by the County after the formation of the City. Further,
any litigation that is currently proceeding shall be defended by the
City in cooperation with the County, or as mutually agreed upon, to the
conclusion of the case. Nothihg contained in this agreement shall act
to limit or release from their responsibility those private civil
engineers, developers, contractors or property owners who have
duties and obligations under the laws and ordinances of the City,
County, and State, with respect to subdivisions in the City of Poway.
IN WITNESS WHEREOF, this Agreement is executed by the CITY OF POWAY under
and pursuant to a resolution adopted bY the City Council and by the COUNTY OF
SAN DIEGO by action of the Board .of Supervisors.
CITY OF POWAY
Mary Sh~Perdson; Mayor
ATTEST:
Majorie K. Wahlsten, City Clerk
RECOb~V~NDED:
. . Director
Department of Public Works
COUNTY OF SAN DIEGO
By
Clerk
Board of Supervisors
COUNTY COUNSEL