Res 84-048RESOLUTION NO. 84-048
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY
ADOPTING A SETTLEMENT AGREEMENT AND MODIFIED
SUBDIVISION IMPROVEMENT AGREEMENT WITH POWAY PARK, INC.
WHEREAS, the City of Poway has been involved in litigation
entitled "Poway Park, Inc. v. City of Poway, et. al., North County
Superior Court Case No. N2096," and
WHEREAS, The City of Poway and Poway Park, Inc., have entered
into good faith negotiations, and
WHEREAS, an agreement has been reached which is mutually
acceptable to both parties, and
WHEREAS, the major point of contention in the litigation was
the subdivision improvement agreement required by the City of Poway
as a condition of approval of the final map for the subdivision
known as T.M. 3545-1.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Poway that:
The City accept the Settlement Agreement as
adequate resolution of pending litigation
with Poway Park, Inc. This Settlement
Agreement shall represent the action agreed
to in its entirety.
The City agrees to substitute the Modified
Subdivision Improvement Agreement as presented,
for the Standard Agreement for Construction of
Public Improvements executed July 6, 1982, as
the sole agreement binding Poway Park, Inc. as
"Owners", to construct the public improvements
referred to in the original improvement agreement.
3. The City Clerk shall execute those documents
on behalf of the City.
APPROVED AND ADOPTED by the City Council of the City of Poway,
California at a regular meeting thereof this 12th day of June, 1984.
ATTEST:
Mar~o~e K. Wahlsten, City Clerk