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1976-0602_ORANGE, COUNTY OF_AgreementI �2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25, 26 27 28 2Q 30 31 32 ACRE Elvi ENT *I, This Agreement dated this 2 — day of — June __-, .197_6-, between San Juan the County of Orange, California, hereinafter "Count)f '' and "hc City of Capistrano-, California, hereinafter "City". W ITNESSETFT: WHEREAS, Section 66442 of the Government Cod.e (Subdivision Map Act) pro- vides that: 1166442. (a) If a subdivision for which a final map is re- quired lies within an unincorporated area, a certilicate by the couaty surveyor and, if such subdi-�ision lies within a city, a certificate by the city engineer is required. The appropriate official shall i�tal- that-. (1) He has examined the map. (2) The subdivision as shown is substantially the same F.�, it appeared on the tentative map, and any approved alterations thereof. (3) All provisions of this chapter and of any local ordinances applicable at the time of approval of the tortative map h�vc been corn - plied with. (4) He is satisfied that the map is technically �-orrect. (b) The county surveyor or the city engineer, as the case may be, or other public official or employee qualified and authorized to perform the functions of either, shall complete and file with his legislative body his certificate as required by this section within 20 days from the time 'the final rnap is submitted to him by the subdivider for approval�" and WHEREAS, Section 66450 of said code provides that: 1166450. If a subdivision for which a parcel map is required lies within unincorporated territory, the parcel map shall be subinitted to the county surveyor for his examination prior to filing, and if such subdivision lies within a city, the parcel map shall be submitted to Ll)u city engineer for his examination prior to filing. Within 20 days after rec(-,;viiig the parz�el mLp, sac!, officer or offic-ers shali examine it for the survey information shown thereon, and if. satisfied tliat it is tcch- nically correct, the following certification shall be placed on the map. County Surveyor's Certil"cate (or City Engineer's CerLiiicate) This map conforms with the requirernent.� of the Subdivision Map Act and local ordinance. Dated: and; Signed: . County Slarveyor/CiLt3, Engineer WHEREAS, Section 66451. 2 of said code provides that: 1166451. Z. The local agency m.ay establish reasonable fees for the processing of tentative, final and parcel maps and for other pro- cedures required or authorized by this division or local ordinance. "; and WHEREAS, Section 66431 of said code provides that: "66431. Upon mutual agreement of their respective legislative bodies, the county surveyor may perform any or all of the duties assi.gried to tha city engineer, including required certifications. Whenever such Jutics have been r engineer, each officer shall divided between the county surveyor and cil-N vertify to the duties performcd by bim. and WHEREAS, the data necessary for the examination of final and parcel maps are readily available to the County Surveyor and it is mutually desireel that be examine such maps within the City with respect to the provisions of the Subdivision Map Act. NOW, THEREFORE, IT IS MUTUALLY AGREED that City Engineer shall: I. Examine each final and parcel map within the limits of said city with respect to its conformity with: (a) The approved tentative map and conditions of approval thereof and any approved alterations thereto; (b) City survey records pertinent to the e stabli. slim ent of any li.-ne shown on such map; (c) All applicable city regulations; and (d) All niz;�pping and technical data- within the tract boundary. 11. Subsequent to such examination place on the face of such maps hi6 certificate -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 in substantially the following form: 1, CITY ENGINEER'S CERTIFICATE (FINAL MAPS) City Engineer (Director of Public Works) of the City of - San Juan Capistrano Orange County, California, do hereby certify that I have examined this map and have found it to be substantially the same as the tentative map as filed with, amended and approved by the City Planning Commission; that all provisions of the Subdivision Map Act and City Subdivision Regulations have been complied with and the map is technic ally correct in all re- spects not certified to by the County Surveyor. Dated this day of 19 City Engineer (Dir�`Ztor of -Public Works) CITY ENGINEER'S CERTIFICATE (PARCEL MAPS) This inap conforms with the requirements of the Subdivision Map Act and local ordinances and the map is technically correct in all respects not certified to by the County Surveyor. Dated: 19 . City Engineer (Director of Public Works) III. Furnish the County Surveyor a copy of any city survey records pertinent to the establishment of any line shown on such map. IT IS FURTHER MUTUALLY AGREED that the County Surveyor of Orange County shall examine such maps with respect to all mapping provisions of the Sub- division Map Act except for the data: within the tract boundary and shall so certify* on the face of each map in substantially the following form: COUNTY SURVEYOR'S CERTIFICATE (FINAL MAPS) I, C. R. Nelson, County Surveyor of Orange County, do hereby certify that I have examined this map and have found that all mapping provisions of the Sub- division Map Act have been complied with, and I am satisfied said map is tech- nically correct relative to the tract boundary. Dated this day of C. R. Nelson County Surveyor 19 By, DePuLy -3- COUNTY SURVEYOR'S CERTIPICATE (PARCEL MAPS) This map conforms with the mapping requirements of the Subdivision Map Act, and I am satisfied said map is technically correct relative to the parcel map bound- ary. Dated this day of 19 C. R.. Nelson By. County Surveyor Deputy IT IS FURTHER MUTUALLY AGREED -chat County, as its sole compensation for the work performed under this Agreement, shall collect from subdividers whose subdivisions are located in C'Ity, the same deposit fees and hourly rates in the same manner as char.aed to subdividers for examining and checking maps located in the unincorporated territory of Orange County. For the purpose of effectuating collection of fees provided for herein, it is agreed that the County Surveyor shall have all power of the City Engineer or other city officer responsible for the collection of such fees and that City shall supply full cooperation therein. IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED: 1. That neither County nor any officer oi- �mployee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction delegated to City under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895. 4, City shall fully indemnify, defend and hold County harmless from any liability imposed for injury (as defined by Government Code Section 810. 8), occurring by reason of anything done or ornitted to be done by City under or in connection with any work, authority or jurisdiction delegated to City under this agreement. 2. That neither City nor any officer or employee thereof shall be re- sponsible for any damage or lia'bility occurrir.g by reason (if anythir-E! done or omitted to be done by County under or in connection with any work, authority or juristiction not delegated to City under this agree- ment. It is also understood and agreed that, pursuant to Government -4- N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Code Section 895. 4, County shall fully indemnify, defend and hold City harmless from any liability imposed for injury (as defined in Govern- ment Code Section 810. 81, occurring by reason of anything done or omitted to be done by County under or in connection with any work, authority or jurisdiction not delegated to City under this agreement. EFFECTIVE DATE AND TERMINATION This agreement shall become effective on the date hereinabove written and shall continue in full force and effect through Jiine 30 —, 19 77 . Unless terminated as hereinafter provided, this agreement shall be automatically renewed from year to year for successive one-year periods thereafter. This contract rnay be terminated at the end of any year Period by either the City or County, by giving written notice of intent to so terminate, not later than 120 days prior to the end of such annual period. IN WITNESS WHEREOF, City has caused this agreement to be executed by its Mayor and attested by its Clerk, and County has caused this agreement to be e,—ccuted by its Chairman of its Board of Supervisors and attested by its Clerk, all thereunto duly authorized by the City Council and the Board of Supervisors. ATTEST: City of San Juan Capistrano By. 'oez�s� 1 a� A!�Way(5r Clerk COUN NGE . .................... By '�ty _�Utoraey Chairman, Board of Supervisors . ' �5_ - -,) 6- — 7 ov -�"E WILLIAM E. ST JOT -IN County Clerk a.Dl ex-olficio Clerk of the Board oi Supervisors of Orange Cc,-,xaty;, California Deputy APPROVED AS TO FORM: ADRIAN-KUYI-ER, COUNTY COUNSEL By Deputy EM:kmT36a I -5- A ��E. FILED 13 E )- THE ()V" � THE CLERK, MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA May 25, 1976 IN RE: AGREEMENT ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT NO. 812 ROSi DRIVE CITY OF PLACENTIA On motion of Supervisor Diedrich, duly seconded and unanimously carried by Board members present, the Chairman and the Clerk are authorized to sign the Arterial Highway Financing Program Agreement dated 14ay 25, 1976, between the County of Orange and the City of Placentia for the improvement of Rose Drive, between 395 feet north of Linda Vista Street and 310 feet south of Linda Vista Street, Project No. 812. IN RE: AGREEMENTS SUBDIVISION MAP CHECKING SERVICES CITIES OF BUENA PARK, SAN CLEMENTE, SAN JUAN CAPISTRANO, SEAL BEACH, TUSTIN AND YORBA LINDA On motion of Supervisor Diedrich, duly seconded and unanimously carried by Board members present, the Chairman and the Clerk are authorized to sign the agreements dated May 25, 1976, bewteen the County of Orange and the following cities providing subdivision map checking services to the cities by the County of Orange, as recommended by the Director of EMA in his letter dated MaV 25, 1976. City of Buena Park City of Seal Beach City of San Clemente City of Tustin City of San Juan Capistrano City of Yorba Linda IN RE: AUTHORIZE AGREEMENT NEGOTIATIONS WEST SANTA ANA STORM DRAIN CITY OF SANTA ANA On motion of Supervisor Diedrich, duly seconded and unanimously carried by Board members present, the Director of EMA is authorized to negotiate a cooperative agreement with the City of Santa Ana providing for cost sharing in the West Santa Ana Storm Drain project as recommended in his letter dated May 25, 1976. F 1013-2 2