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Res 97-065RESOLUTION NO. 97- 065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING THE EXECUTION OF THE LANDSCAPE MAINTENANCE AGREEMENT BETWEEN THE CITY LANDSCAPE MAINTENANCE DISTRICT LMD 86-1 AND GREEN VALLEY ESTATES HOMEOWNERS' ASSOCIATION WHEREAS, the Green Valley Estates Homeowners' Association desires to obtain services from the Landscape Maintenance District, LMD 86-1 for the purpose of maintaining and administering landscape maintenance within the public rights-of-way adjacent to the development; and WHEREAS, the City of Poway LMD 86-1 possesses the necessary qualifications to provide such maintenance and administration; and WHEREAS, the City of Poway has received and reviewed the Green Valley Estates development records and find that by adding the landscape maintenance to the District contract through an agreement would: Improve the appearance of current landscaping within the development's rights-of-way. Realize a potent'mi saving in water and maintenance costs for the association. Retain the Association's power to add/replace/supplement any trees, shrubs, or flowers to the rights-of-way. WHEREAS, the City Council has determined it to be in the Association's interest for the City's LMD 86-1 contractor to maintain the common development landscaping for which an agreement mutually entered into; and WHEREAS, the addition of this maintenance to the LMD contract will not burden the other property owners within the District; and WHEREAS, the Association shall pay fees equivalent to "in lieu assessments" for Phase I of the development at a per parcel rate equivalent to District "assessments" collected from Phase II of the development; and WHEREAS, the City Council approves the terms and conditions as set forth in Landscape Maintenance Agreement on file in the City Clerk's Office. Resolution 97- 063 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway that: 1. The above recitations are tree and correct. 2. The Mayor and the City Clerk are authorized to execute the Agreement. PASSED, APPROVED, and ADOPTED by the City Council of the City of Poway, California, at a regular meeting this 1st day of July, 1997. ATTEST: Don Higginson, Mayor Marjori4 I~. Wahlsten, City Clerk Resolution 97- 063 Page 3 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under the penalty of perjury, that the foregoing Resolution No. 97- 063 , was duly adopted by the City Council at a meeting of said City Council held on the 1st day of July 1997, and that it was so adopted by the following vote: AYES: CAFAGNA, GOLDBY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: EMERY lsten, City Clerk City of oP,.9.~ay