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HomeMy WebLinkAboutA-2003-148 A-2003-148 'INSUR,~NC[ t~OT REQUII~I:O ~, WORK MAY PROCEED CLERK OF. ,COUNCIl DATE~ ~-~3-a-~ AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF SANTA ANA FOR THE ANNEXATION ~:/~ OF UNINCORPORATED COUNTY TERRITORY July 22, 2003 WHEREAS, the CITY is contemplating the annexation of one unincorporated island within the CITY's sphere of influence, which island is referred to herein as the "County Territory;" and WHEREAS, Revenue and Taxation Code section 99 provides that prior to the effective date of any jurisdictional change, the affected agencies of such change shall negotiate the amount of property tax revenues to be exchanged; and WHEREAS, the CITY and COUNTY have met and negotiated both a property tax exchange and other consideration all of which consideration is conditional upon the CITY's annexation of the County Territory becoming final and effective; NOW THEREFORE, BE IT RESOLVED that the parties agree as follows: 1. City's Annexation Application. The CITY will file an application for and diligently pursue annexation of the County Territory. 2. Property Tax Exchange. Upon annexation of the unincorporated territories, the COUNTY and CITY agree to the exchange of property taxes as follows: (a) The CITY will receive one hundred percent (100%) of the Structural Fire Fund and Library Fund generated from the County Territory. (b) The property taxes generated from the County Territory will be exchanged in the same proportions as set out in that Master Tax Agreement 80- 2028; to wit the CITY to receive 58.5285% and the COUNTY to receive 41.4715%. 3. Road Fund Transfer. Upon completion of the annexation of the County island by the CITY, the COUNTY will transfer to the CITY $176,000 of County Road Funds to be used for storm drain improvements along 17th Street that are not covered by developer contributions, as well as for currently scheduled slurry sealing projects on Ponderosa Street, Pasadena Street, Medford Street and Deodara Street, and for the currently scheduled asphalt project on Tustin Avenue. 4. Permit Processing. (a) In consideration of annexation, either CITY or COUNTY may process new development in the COUNTY island, including related discretionary approvals. Pursuant to the provisions of Government Code sections 65859 and 56375, the CITY may prezone the subject area in order to apply its own zoning laws, procedures and standards to approval of proposed new development. Except as may be provided in this Agreement, the zoning of the COUNTY island adopted by the CITY shall become effective on the date of annexation. Except to the extent the unincorporated territory is prezoned, the County shall retain its independent land use authority over the property prior to annexation. (b) CITY and COUNTY each agree to consider the standards, roles and comments of the other relating to the project. In the event of approvals by the CITY or COUNTY inconsistent with the standards, roles and comments of the other, the County Executive Officer or designee on behalf of the County, and the City Manager or designee on behalf of the City shall meet to resolve the matter. (c) The Parties, through this Agreement, intend that, pending annexation, the Parties shall cooperate and consult in the exercise of the power, right and control over the administration, approval and implementation of land use controls affecting the COUNTY island which is held and exercised by the County before annexation. It is the intention of the Parties that any discretionary approval granted for a development in the COUNTY island during the period of consideration of the annexation will be honored by both CITY and COUNTY regardless of the entity which grants the discretionary development approval. 5. Fees and Exactions. Development and nexus fees and fire equipment exactions shall be retained by the entity having approval authority at the time of collection of such fees and exactions. 6. Affordable Housing Program Compliance. The project will comply with the County's affordable housing program in effect on January 1, 2003 as it applies to the property. 7. Remedies. In the event of a breach of this agreement, the non-breaching party shall have the right to pursue against the breaching party, any and all remedies that are available at law or in equity for breach of a contractual agreement. 8. Time. Time is of the essence of this Agreement. Failure to comply with any time requirement of this Lease shall constitute a material breach of this Agreement. 9. Organization. The various headings and numbers herein, the grouping of provisions of this Agreement into separate clauses and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be considered otherwise. 10. Amendments. This is the sole and only agreement between the parties regarding the subject matter hereof; other agreements, either oral or written, are void. Any changes to this Agreement shall be in writing and shall be properly executed by both parties. 11. Partial Invalidity. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 12. Governing Law and Venue. This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394. 13. Duration. This Agreement shall terminate upon the failure of the city to annex the property pursuant to the terms provided for herein. 14. No Third Party Beneficiaries. The Parties expressly acknowledge and agree that they do not intend, by their execution of this Agreement, to benefit any person or entities not signatory to this Agreement. No person or entity not a signatory to this Agreement will have any rights or causes of action against the City or County, or any combination thereof, arising out of or due to City's and County's entry into this Agreement. 15. Notice. Unless otherwise permitted by this Agreement, all notice to be given shall be in writing and may be made by personal delivery, certified mail, postage prepaid and return receipt requested. Mailed notices shall be addressed to the Parties at the addresses listed below, but each party may change the address by written notice in accordance with this paragraph. Receipt will be deemed made as follows: notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated on receipt or rejection. If to City: City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attn: City Manager If to County: County of Orange Planning and Development Services Department P.O. Box 4048 Santa Ana, CA 92702-4048 Attn: Bryan Speegle 16. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall constitute an original. 17. Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements, either written or oral, express or implied. 18. Further Acts. The parties agree to execute such additional documents and to take such further actions as are reasonably necessary to accomplish the objectives and intent of this Agreement. 19. Indemnification. Each Party agrees to defend, indemnify, and hold the other parties, and their officials, officers, employees and agents free and harmless from any claim, loss, damage, or injury to property or persons, including wrongful death, in ay manner arising out of or incident to any act, omission or willful misconduct of the agreeing Party, their respective officers, employees or agents, arising out of or in connection with the execution or performance of this Agreement, including without limitation the payment of attorneys= fees. 20. Waiver. The failure of any Party to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or any Party's waiver of any breach hereunder unless in writing, shall not relieve any other Patty of any obligations hereunder, whether of the same or similar type. The foregoing shall be true whether the waiving Party's actions are intentional or unintentional. 21. Authorization to Execute. The signatories to this Agreement warrant that they have been lawfully authorized by their respective Parties to execute this Agreement on their behalf. 22. Recordation. The City shall Cause this Agreement to be recorded with the Orange County Recorder's Office within 60 days of the last signature required by this Agreement. 23. Severability. IF any provision or clause of this agreement or any application of it to any person, firm, organization, partnership or corporation is held invalid, such invalidity shall not effect other provisions of this Agreement which can be given effect without the invalid provision or application. To this end, the provisions of this Agreement are declared to be severable. 24. Prohibition Against Assignment. Neither City nor County may assign this Agreement or any interest in it without the prior written consent of the other. IN WITNESS WHEREOF, the parties have executed this Lease the day and year first above written APPROVED AS TO FORM: OFFICE OF COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By Deputy Date APPROVED A~ TO FORM /Chief A#l~t,~nt 01~t A'~'~'fl~ SIGNED AND CERTIFIED THAT A COPY OF Clerk of the Board Orange County, California CITY OF SANTA ANA Title By. Tide COUNTY Chair, Board of Supervisors ~~tTRICIAE. I,W. ALY ~ CLERK OF THE COUNCIL