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Res 11-063RESOLUTION NO. 11 -063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR CERTAIN PUBLIC IMPROVEMENTS IN CONJUNCTION WITH THE HEIGHTS SUBDIVISION TTM 02 -02 WHEREAS, BBA Partners, LLC, has requested that the City process a Reimbursement Agreement (Agreement) to recover the cost of certain public improvements associated with the development of The Heights Subdivision TTM 02 -02; and WHEREAS, The Heights Subdivision TTM 02 -02 (the Subdivision) was approved by the City Council per Resolution No. P -05 -65 on October 25, 2005; and WHEREAS, the Subdivision was conditioned to construct, among other things, public water improvements and appurtenances (Public Improvements) to service the development; and WHEREAS, said Public Improvements were designed to accommodate more than the needs of the Subdivision; and WHEREAS, Resolution No. P- 03 -75, approving a Tentative Tract Map for an adjacent parcel, requires that the owner and subdivider of that parcel construct similar public water improvements which, when combined with the Public Improvements, will greatly exceed the maximum capacity of public water improvements necessary for both subdivisions, creating costly inefficiencies for the City in ongoing maintenance and repair of the combined public water improvements, and will result in the loss of potable water through operations of both systems when excess water in the constructed reservoirs is released and discharged from the City's water system; and WHEREAS, the construction of these Public Improvements has afforded the potential of the adjacent parcel to be much more economically developable, in that there is now more than one property owner that can share the cost of construction of these facilities; and WHEREAS, it is just and fair that the cost of said Public Improvements shall be borne by all who benefit from it; and WHEREAS, the sharing of the Public Improvements through a reimbursement agreement would be in the best interests of the City of Poway in that it would eliminate the need for duplicative water facilities as required by Resolution No. P- 03 -75, which would reduce excessive costs and expenses to maintain and repair two water storage and distribution facilities, and would reduce the waste of excessive potable water stored in two such facilities, where the demand for water from both subdivisions will be far less than the anticipated stored water in the combined reservoirs, and public health concerns will require the discharge of the excessive water from the City's water system in order to maintain the potable nature of all water in the City's system; Resolution No. 11 -063 Page 2 NOW, THEREFORE, BE IT RESOLVED bythe City Council of the City of Poway as follows: 1. That the foregoing recitals are true and correct and are the findings of the City Council. 2. That the City Council hereby approves the Reimbursement Agreement for Certain Public Improvements in Conjunction with the Heights Subdivision TTM 02 -02. 3. That the City Council hereby authorizes the Mayor to execute the Reimbursement Agreement substantially in the form presented at this meeting with such changes as the Mayor shall approve. 4. That the City Council directs the City Clerk to record the Reimbursement Agreement in the office of the San Diego County Recorder. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 6th day of December 2011. ATTEST: Lin a -K,T oyan, MMC, City Clerk Uon Higginson, Mayor Resolution No. 11 -063 Page 3 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 11 -063 was duly adopted by the City Council at a meeting of said City Council held on the 6th day of December 2011, and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE a A. Troyan, MMC, City Clerk of Poway