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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 Resolution No. 250 is hereby rescinded.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