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Agreement No. D07 -028
1 AGREEMENT BETWEEN
2 THE COUNTY OF ORANGE AND
3 THE CITIES OF LOS ALAMITOS, SEAL BEACH, AND ANAHEIM
4 FOR THE PROVISION OF MAP CHECKING SERVICES
5
6 THIS AGREEMENT, hereinafter referred to as "AGREEMENT," for purposes of identification hereby
7 numbered D07 -028, and dated 30th day of October, 2007 is
8 BY AND BETWEEN
9 COUNTY OF ORANGE,
10 a political subdivision of the State of California, hereinafter
11 referred to as "COUNTY";
12
13 CITY OF LOS ALAMITOS
14 a political subdivision of the State of California,
15
16 CITY OF SEAL BEACH
17 a political subdivision of the State of California,
18 And
19
20 CITY OF ANAHEIM
21 a political subdivision of the State of California,
22 sometimes collectively referred to herein as "CITIES" or individually as "CITY ".
23 RECITALS
24 WHEREAS, in accordance with the provisions of California Government Code Section 66431, "[u]pon
25 mutual agreement of their respective legislative bodies, the county surveyor may perform any or all of the duties
26 assigned to the city engineer, including required certifications or statements. Whenever these duties have been
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1 divided between the county surveyor and city engineer, each officer shall state the duties performed by him or her. ";
2 WHEREAS, Section 66442 of the California Government Code provides in pertinent part as follows:
3 (a) If a subdivision for which a final map is required lies within an unincorporated area, a certificate or
4 statement by the county surveyor is required. If a subdivision lies within a city, a certificate or statement by the city
5 engineer or city surveyor is required. The appropriate official shall sign, date, and, below or immediately adjacent
6 to the signature, indicate his or her registration or license number with expiration date and the stamp of his or her
7 seal, state that:
8 (1) He or she has examined the map.
9 (2) The subdivision as shown is substantially the same as it appeared on the tentative
10 map, and any approved alterations thereof.
11 (3) All provisions of this chapter and of any local ordinances applicable at the time of
12 approval of the tentative map have been complied with.
13 (4) He or she is satisfied that the map is technically correct.
14 (b) City or county engineers registered as civil engineers after January 1, 1982, shall only be qualified
15 to certify the statements of paragraphs (1), (2), and (3) of subdivision (a). The statement specified in paragraph (4)
16 shall only be certified by a person authorized to practice land surveying pursuant to the Professional Land
17 Surveyors' Act (Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code)
18 or a person registered as a civil engineer prior to January 1, 1982, pursuant to the Professional Engineers' Act
19 (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code). The county
20 surveyor, the city surveyor, or the city engineer, as the case may be, or other public official or employee qualified
21 and authorized to perform the functions of one of those officials, shall complete and file with his or her legislative
22 body his or her certificate or statement, as required by this section, within 20 days from the time the final map is
23 submitted to him or her by the subdivider for approval. ";
24 WHEREAS, Section 66450 of the California Government Code provides in pertinent part as follows:
25 (a) If a subdivision for which a parcel map is required lies within an unincorporated area, a certificate
26 or statement by the county surveyor is required. If a subdivision lies within a city, a certificate or statement by the
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1 city engineer or city surveyor is required. The appropriate official shall sign, date, and, below or immediately
2 adjacent to the signature, indicate his or her registration or license number with expiration date and the stamp of his
3 or her seal and state that:
4 (1) He or she has examined the map.
5 (2) The subdivision as shown is substantially the same as it appeared on the tentative
6 map, if required, and any approved alterations thereof.
7 (3) All provisions of this chapter and of any local ordinances applicable at the time of
8 approval of the tentative map, if required, have been complied with.
9 (4) He or she is satisfied that the map is technically correct.
10 (b) City or county engineers registered as civil engineers after January 1, 1982, shall only be
11 qualified to certify the statements of paragraphs (1), (2), and (3) of subdivision (a). The statement specified in
12 paragraph (4) of subdivision (a) shall only be certified by a person authorized to practice land surveying pursuant to
13 the Professional Land Surveyors'. Act (Chapter 15 (commencing with Section 8700) of Division 3 of the Business
14 and Professions Code) or a person registered as a civil engineer prior to January 1, 1982, pursuant to the
15 Professional Engineers' Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and
16 Professions Code);
17 WHEREAS, Section 66451.2 of the California Government Code provides in pertinent part as follows:
18 The local agency may establish reasonable fees for the processing of tentative, final and parcel maps and
19 for other procedures required or authorized by this division or local ordinance, but the fees shall not exceed the
20 amount reasonably required by such agency to administer the provisions of this division;
21 WHEREAS, Section 66431 of the California Government Code provides in pertinent part as follows:
22 "Upon mutual agreement of their respective legislative bodies, the county surveyor may perform any or all
23 of the duties assigned to the city engineer, including required certifications or statements. Whenever these duties
24 have been divided between the county surveyor and city engineer, each officer shall state the duties performed by
25 him or her. ";
26 WHEREAS, CITIES desire to have COUNTY review, examine and approve on their behalf subdivision
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1 maps (hereinafter referred to as "Map Checking Services ") submitted to them as part of the development approval
2 process within their jurisdictions, more specifically, prepare and /or check Final and Parcel Maps, Records of
3 Survey, Corner Records, Certificates of Correction, Certificates of Compliance, Lot Line Adjustments, Amending
4 Maps, boundary changes, or other survey maps or documents within the jurisdiction of CITIES when requested to
5 do so by a CITY; and
6 WHEREAS, COUNTY through its Orange County Surveyor (hereinafter "COUNTY SURVEYOR ") is
7 capable, and willing to perform such services;
8 WHEREAS, it is desired by CITIES and COUNTY that COUNTY SURVEYOR examine such maps
9 within the respective CITY or relative to the map boundary with respect to the provisions of the Subdivision Map
10 Act; and,
11 WHEREAS, it is desired by the parties that other cities located within the geographical boundaries of
12 Orange County be permitted to participate in this AGREEMENT with the same rights and obligations of the
13 original parties just as though they were original signatories to this AGREEMENT with the written approval of
14 COUNTY, but without the necessity of obtaining the approval of the CITIES then parties to this AGREEMENT.
15 NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto that:
16 1. Pursuant to Government Code section 66431, COUNTY shall have its COUNTY SURVEYOR
17 certify statements and perform those duties assigned to the CITIES respective City Engineer in Government Code
18 sections 66442.(a) (4), and 66450.(a) (4) when requested to do so in a written instrument sent by CITY to COUNTY
19 SURVEYOR, and when COUNTY SURVEYOR determines that it is appropriate to do so. Further, it is agreed
20 among the parties that certificates shown on Exhibit A may be modified by COUNTY SURVEYOR to conform to
21 State Laws and local ordinances without re- execution of this AGREEMENT.
22 2. When requested by a CITY to do so, COUNTY SURVEYOR shall perform all or some of the
23 following tasks as indicated by CITY and agreed upon in writing by COUNTY SURVEYOR:
24 a. Examine maps relative to the map boundary with respect to all mapping provisions of the
25 Subdivision Map Act and shall so certify on the face of each map in substantially the following form of Sample
26 . Format #1 — of Exhibit A, attached hereto and incorporated herein.
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1 b. Examine entire map regarding subdivisions within the respective CITY regarding
2 subdivisions within the CITY with respect to all mapping provisions of the Subdivision Map Act and shall so certify
3 on the face of each map in substantially the following form of Sample Format #2 — of Exhibit A.
4 3. The City Engineer of the respective CITY shall:
5 a. In cases where COUNTY SURVEYOR has been requested by CITY to examine maps
6 relative to the map boundary and has agreed in writing to perform such function,
7 1) Examine each final and parcel map within the limits of CITY with respect to its
8 conformity with:
9 (a) The approved tentative map and conditions of approval thereof and any
10 approved alterations thereto.
11 (b) All applicable CITY. regulations; and
12 2) Subsequent to such examination place on the face of such maps his or her
13 certificate in substantially the following form of Sample Format #3 — of Exhibit A.
14 b. In cases where COUNTY SURVEYOR has been requested by CITY to examine an entire
15 map regarding subdivisions within the CITY and has agreed in writing to perform such function,
16 1) Examine each final and parcel map within the limits of the CITY with respect to its
17 conformity with:
18 (a) The approved tentative map and conditions of approval thereof and any
19 approved alterations thereto.
20 (b) All applicable CITY regulations; and
21 2) Subsequent to such examination place on the face of such maps his or her
22 certificate in substantially the following form of Sample Format #4 — of Exhibit A.
23 4. The City Clerk of the respective CITY shall certify on the face of each map in substantially the
24 form of Sample Format #5 — of Exhibit A.
25 5. In advance of COUNTY SURVEYOR providing any services to CITY, and as COUNTY
26 SURVEYOR's sole compensation for the work performed under this AGREEMENT, COUNTY shall collect
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1 directly from subdividers whose subdivisions are located in CITY, deposit fees and hourly rates the same as are
2 charged to subdividers for examining and checking maps located in the unincorporated territory of Orange County.
3 Hourly map checking fees are set by the Orange County Board of Supervisors.
4 6. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or
5 liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work,
6 authority or jurisdiction delegated to CITY under this AGREEMENT. It is also understood and agreed that,
7 pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend with counsel approved in writing
8 by COUNTY and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code
9 Section 810.8), occurring by reason of anything done or omitted to be done by CITY under or in connection with
10 any work, authority, or jurisdiction delegated to CITY under this AGREEMENT.
11 7. Neither CITY nor any officer or employee thereof shall be responsible for any damage of liability
12 occurring by reason of anything done or omitted to be done by COUNTY or its COUNTY SURVEYOR under or in
13 connection with any work, authority or jurisdiction delegated to COUNTY under this AGREEMENT. It is also
14 understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend
15 with counsel approved in writing by CITY and hold CITY harmless from any liability imposed for injury (as
16 defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by
17 COUNTY or its COUNTY SURVEYOR under or in connection with any work, authority, or jurisdiction delegated
18 to COUNTY under this AGREEMENT.
19 8. CITY shall not be liable for the direct payment of any salaries, wages or other compensation to any
20 COUNTY officer or employee, including but not limited to COUNTY SURVEYOR, performing any services
21 hereunder for CITY, nor for any injury or sickness arising out of his employment, except as herein otherwise
22 specified.
23 9. COUNTY shall not be liable for the direct payment of any salaries, wages or other compensation to
24 any CITY officer or employee, including but not limited to CITY ENGINEER, performing any services hereunder,
25 nor for any injury or sickness arising out of his employment, except as herein otherwise specified.
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Agreement No. D07 -028
1 10. This AGREEMENT shall become effective and enforceable for each CITY respectively on the date
2 it is executed by that CITY and the COUNTY Board of Supervisors, and shall continue in full force and effect for
3 a period of twenty years from that date unless earlier terminated as hereinafter provided. -
4 11. Participation in this AGREEMENT may be terminated by either party at the end of any fiscal year
5 by giving written notice of intent to so terminate not later than March 1 prior to the start of the succeeding year on
6 July 1.
7 12. This AGREEMENT contains the entire agreement between the parties with respect to the
8 matters provided for herein and shall supersede any other agreement or understanding between COUNTY and
9 CITY /CITIES providing for or relating to services to be performed by either party in connection with the subject
10 matter of this AGREEMENT.
11 13. CITIES acknowledge that other cities located within the geographical boundaries of Orange County
12 may desire to become parties to this AGREEMENT at a later date. CITIES agree that such cities shall be permitted
13 to become parties to this AGREEMENT as it may be amended from time to time at the sole discretion of COUNTY
14 and upon the written approval of COUNTY without the necessity of COUNTY obtaining the approval of
15 CITY /CITIES then parties to this AGREEMENT. It is understood, however, that such additional cities shall have
16 the same rights and obligations of the original party CITIES just as though the additional cities were original
17 signatories to this AGREEMENT. It is further understood and agreed, that COUNTY can delegate the authority to
18 add additional cities as parties to this AGREEMENT to COUNTY's Director of Resources and Development
19 Management Department or his designee (hereinafter referred to as `DIRECTOR ").
20 14. This AGREEMENT has been negotiated and executed in the State of California and shall be
21 governed by and construed under the laws of the State of California. In the event of any legal action to enforce or
22 interpret this AGREEMENT, the sole and exclusive venue shall be a court of competent jurisdiction located in
23 ORANGE COUNTY, California, and the parties hereto agree to and hereby submit to the jurisdiction of such court,
24 notwithstanding Code of Civil Procedure Section 394.
25 The parties specifically agree that by soliciting and entering into and performing services under this
26 AGREEMENT, the parties shall be deemed to constitute doing business within ORANGE COUNTY from the time
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1 of solicitation of work, through the period when all work under this AGREEMENT is completed, and continuing
2 until the expiration of any applicable limitation period. Furthermore, the parties have specifically agreed, as part of
3 the consideration given and received for entering this AGREEMENT, to waive any and all rights to request that an
4 action be transferred for trial to another county under Code of Civil Procedure Section 394.
5 15. In any action or proceeding to enforce or interpret any provision of this AGREEMENT, or where
6 any provision hereof is validly asserted as a defense, each party shall bear its own attorney's fees, costs and
7 expenses.
8
16. This AGREEMENT has been negotiated at arm's length and between persons sophisticated and
9
knowledgeable in the matters dealt with in this AGREEMENT. In addition, each party has been represented by
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experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek
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such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that
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they have not been influenced to any extent whatsoever in executing this AGREEMENT by any other party hereto
13 ` or b any person representing ,them, or both. Accordingly, an rule or law (including California Civil Code Section
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14 1654) or legal decision that would require interpretation of any ambiguities in this AGREEMENT against the party
15 that has drafted it is not applicable and is waived. The provisions of this AGREEMENT shall be interpreted in a
1 6 reasonable manner to affect the purpose, of the parties and this AGREEMENT.
17. The failure of a party in any y. one or more instances to insist upon strict performance of any of the
18 terms of this AGREEMENT or to exercise any option herein conferred, shall not be construed as a waiver or.
19 relinquishment to any extent of that party of the right to assert orrely upon any such terms or option on any future
20 occasion.
21 18. If any part of this AGREEMENT is held, determined, Or adjudicated to be illegal, void, or
22 unenforceable by a court of competent jurisdiction, the remainder of this AGREEMENT shall be given effect to the
23 fullest extent reasonably possible.
24' 19. Each party acknowledges that it is aware of and has had the opportunity to seek advice of counsel
25 of its choice with respect to its rights to trial by jury, and each party; for itself and its successors, creditors, and
26 assigns, does hereby expressly and knowingly waive and release all such rights to trial by jury in any action,
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1 proceeding or counterclaim brought by any party hereto against the other (and /or against its officers, directors,
2 . employees, agents, or subsidiary or affiliated entities) on or with regard to any matters whatsoever arising out of or
3 in any way connected with this AGREEMENT and/or any other claim of injury or damage.
4 20. Neither the AGREEMENT nor any portion thereof may be assigned by a CITY OR CITIES without
5 the written consent of COUNTY. The terms and provisions of this AGREEMENT shall be binding upon and inure
6 to the benefit of the parties hereto and their successors and assigns.
7 21. This AGREEMENT may be executed in counterparts and each such counterpart shall be considered
8 an original.
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1 IN WITNESS WHEREOF, the PARTIES have caused this AGREEMENT to be approved as to form by
2 their respective legal counsel, executed by their respective City Council or Board and attested by their respective
3 Clerk.
4
CITY OF LOS ALAMITOS
5
Date: By
6 Catherine A. Driscoll, Mayor •
7
Date: By
8 Susan Vanderpool, City Clerk
9
Approved as to form:
10
Date: By
11 Dean Derleth, City Attorney
12 CITY OF SEAL BEACH
13 Date: 08 -15 -07 By
Join Larson, Mayor
14
15 Date: 08 -15 -07 By L' /n4 )1/21(
da Devine, City Clerk
16
17 0 Approved as to form:
18 Date: 08/13/07 By G
Quinn Barrow, City Attorney
19
20 CITY OF ANAHEIM
21
Date: By
22 0 Curt Pringle, Mayor
23
Date: By
24 Linda Nguyen, City Clerk
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Approved as to form: 0
26
Date: By
Jack White, City Attorney
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• • Agreement No.907-028
1 COUNTY OF ORANGE,
a political subdivision of the State of California
2
3 Date: l D- 30 - 01 By
Chair of the Board of Supervisor
4
SIGNED AND CERTIFIED THAT A COPY OF THIS
5 AGREEMENT HAS BEEN DELIVERED TO THE CHAIR
OF THE BOARD.
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7 Date: 0 —3 o D-7 By eJ� 1Y� ��.� - i n9 �t
Darlene J. :loom
8 Clerk of the Orange County Board of Supervisors
9 Orange County, California
10
APPROVED AS TO FORM:
11
COUNTY COUNSEL
12 c� / 7
13
By ! R/J/
B
14 Deputy Date
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Exhibit A
CITY MAP CHECK AGREEMENT D07-028
SAMPLE FORMAT CERTIFICATES
SAMPLE FORMAT#1 - COUNTY SURVEYOR'S CERTIFICATE
I hereby state that I have examined this map and have found that all mapping provisions of the
Subdivision Map Act have been complied with and I am satisfied said map is technically correct relative
to the map boundary.
Dated this day of
Raymond L. Mathe, County Surveyor
SAMPLE FORMAT#2- COUNTY SURVEYOR'S CERTIFICATE
I hereby certify that I have examined this map and I am satisfied said map is technically correct.
Dated this day of
Raymond L. Mathe, County Surveyor
SAMPLE FORMAT#3- CITY ENGINEER'S STATEMENT
(TRACT AND PARCEL MAPS)
I hereby state that I have examined this map and found it to be substantially the same as it
appeared in the tentative map, if required, 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 technically correct in all respects not certified by the County Surveyor.
Dated this day of
Print(Name/Title) (Signature)
of City of R.C.E. #
My registration expires
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Exhibit A- Continued
CITY MAP CHECK AGREEMENT D07-028
SAMPLE FORMAT CERTIFICATES
SAMPLE FORMAT#4- CITY ENGINEER'S STATEMENT
(TRACT AND PARCEL MAPS)
I hereby state that I have examined this map and found it to be substantially the same as it
appeared in the tentative map, if required, 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. This statement will be effective on the date upon which the County of Orange approves
the map as technically correct.
Dated this day of
(Print Name/Title) (Signature)
of City of R.C.E. #
My registration expires
SAMPLE FORMAT#S-CITY CLERK'S CERTIFICATE
(TRACT AND PARCEL MAPS)
I hereby certify that this map was presented for approval to the City Council of the City of at a
regular meeting thereof on the day of , 200_and that thereupon said
Council did, by an order duly passed and entered, approve said map and did accept on behalf of the
public, subject to improvements; the dedication for street purposes of
(street name), and did also accept on behalf of the City of , said approval to be
•
effective upon the approval of the map by the County of
1. The storm drain system and appurtenances as dedicated.
2. The domestic water system and appurtenances as dedicated.
3. The sanitary sewer system and appurtenances as dedicated.
4. The subsurface water rights as dedicated.
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Exhibit A- Continued
CITY MAP CHECK AGREEMENT D07-028
SAMPLE FORMAT CERTIFICATES
SAMPLE FORMAT#5-CITY CLERK'S CERTIFICATE - Continued
5. The foot public utility easement as dedicated.
6. The foot easement for storm drain purposes as dedicated.
7. The vehicular access rights to
as released and relinquished. street name
The City Council approved the subject map pursuant to the provisions of Section 66436(a)(3)(A) of the
Subdivision Map Act, said approval to the effect upon the approval of the map by the County of
This statement will take effect upon the date upon which the County of approves the map as
technically correct.
Dated this day of , 200 .
CITY CLERK CITY OF (SEAL)
By (Deputy)
signature
print name
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