HomeMy WebLinkAboutORANGE COUNTY FIRE AUTHORITY - 2006-09-05 Council/Agency Meeting Held: 9�✓`'o�
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® Approved ❑ Conditionally Approved ❑ Denied . City Clerk's Signatu
Council Meeting Date: September 5, 2006 Department ID Number: AD 06-19
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: PEN LOPE CU�LBRETH-GRAFT, I Y ADMINISTRA
PREPARED BY: PAUL EMERY, DEPUTY CITY ADMINISTRTOR
DUANE OLSON, FIRE CHIEF (�.� X
SUBJECT: Approve the Fire Services Agreement by and between the Orange
County Fire Authority and the City of Huntington Beach for the
Brightwater Development and Approve the Assignment of the Secured
Fire Protection Agreement by and between the Orange County Fire
Authority, the City of Huntington Beach and Signal Landmark, Inc.
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: On December 12, 2005, the City Council approved a Pre-Annexation
Agreement with Signal Landmark Inc. (Hearthside Homes) and approved an application for
an Out of Service Area Agreement for the Brightwater Development. The proposed Fire
Services Agreement and Assignment of the Secured Fire Protection Agreement are ready for
execution.
Funding Source: Not applicable
Recommended Action: Motion to:
1. Approve and authorize execution by the Mayor and City Clerk the Fire Services
agreement by and between the Orange County Fire Authority and the City of Huntington
Beach regarding Services to Brightwater (Attachment 1); and
2. Approve and authorize execution by the Mayor and City Clerk the Assignment of the
Secured Fire Protection Agreement by and between the Orange County Fire Authority,
the City of Huntington Beach and Signal Landmark, Inc. (Attachment 2).
Alternative Action(s):
i8Deny the recommended actions and direct staff accordingly.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: September 5, 2006 DEPARTMENT ID NUMBER: AD 06-19
Analysis: On December 12, 2005, the City Council approved a Pre-Annexation Agreement
with Signal Landmark (Hearthside Homes) and authorized the application of an Out of
Service Area Agreement between Signal Landmark and the City of Huntington Beach
(Attachment 3 — RCA only). The pre-annexation agreement outlined a mechanism for water
and sewer service prior to annexation as well as terms for the actual annexation of the
approximately 105.3 acres located within unincorporated Orange County. A number of steps
are necessary prior to annexation. Two such actions are addressed in this item, the Fire
Services Agreement and the Assignment of the Secured Fire Protection Agreement.
The Fire Services Agreement outlines the terms of the providing fire, paramedic and rescue
services to the unincorporated territory of the County until the final annexation of this territory
to the City is recorded. The City and the County have already outlined the terms of property
tax sharing upon annexation. This agreement covers the period of construction prior to final
annexation. The City will receive an 80% pass-through of the basic levy of the project's
assessed evaluation from the OCFA in equal semi-annual payments upon submittal of billing
in exchange for providing fire, paramedic and rescue services to this area until final
annexation is recorded.
The OCFA and Signal Landmark Inc. have entered into a Secure Fire Protection for the real
property commonly known as the Brightwater Project. The purpose of that agreement is to
ensure that Signal Landmark Inc. contributes its fair share costs for the provision of fire
protection and life safety services and improvements for the benefits of residents residing
within the development. The purpose of the Assignment Agreement is to allow the City to
receive Signal Landmark Inc.'s Fair Share Cash Contribution in exchange for the City's
assumption of OCFA's responsibilities under the terms of the agreement. It is anticipated
that the City will receive $209,400 in exchange for assuming assignment of the agreement.
Additional actions related to this annexation will be scheduled for future City Council action.
These actions include an agreement with the County of Orange for cooperative processing
that outlines the transition of the County plan checked, inspected and permitted work to City
annexed property and a Zoning Text Amendment/Specific Plan, a Zoning Map Amendment
and an Environmental Assessment that will be required prior to annexation. These actions
are planned to take place prior to the end of the calendar year.
Environmental Status:
Approval of the fire services agreement and the assignment of the secured fire protection
agreement are exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to section 15301. Environmental Impact Reports have been certified for
the proposed development. These documents analyze the provision of services to the site.
-2- 8/22/2006 4:54 PM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: September 5, 2006 DEPARTMENT ID NUMBER: AD 06-19
Attachment(s):
NumberCity Clerk's
Page • Description
1. Fire Services Agreement by and between the Orange County Fire
Authority and the City of Huntington Beach
2. Assignment of Secured Fire Protection Agreement by and
between the Orange County Fire Authority, the City of
Huntington Beach and Signal Landmark, Inc.
3. Approved RCA - Pre-Annexation Agreement with Signal
Landmark (Hearthside Homes) and authorized the application of
an Out of Service Area Agreement between Signal Landmark
and the City of Huntington Beach
-3- 8/22/2006 4:54 PM
ATTACHMENT # 1
FIRE SERVICES AGREEMENT BETWEEN THE ORANGE COUNTY FIRE
AUTHORITY AND THE CITY OF HUNTINGTON BEACH REGARDING
SERVICES TO BRIGHTWATER
THIS AGREEMENT, made this o20ay of 5ggQ • 2006 by and between
ORANGE COUNTY FIRE AUTHORITY, a Joint Powers Agency (hereinafter referred to as
"OCFA") and the CITY of HUNTINGTON BEACH, a municipal corporation of the State of
California (hereinafter referred to as "CITY").
WHEREAS, the OCFA and the City provide fire, rescue and emergency medical
services, including basic and advanced life support service, as well as emergency related
services within their respective jurisdictions; and,
WHEREAS, the OCFA desires that the highest quality fire, rescue and emergency
medical services available be provided to all communities located within its jurisdiction; and,
WHEREAS, in furtherance of the above-stated goal, the OCFA desires that fire,
paramedic and rescue service be provided by the CITY in a specified portion of the
unincorporated territory of Orange County; and
WHEREAS, CITY has the ability to provide the desired fire, rescue and emergency
medical services; and
WHEREAS, the parties hereto desire to enter into this Agreement, wherein, the CITY
will respond to fire, rescue and emergency medical services calls occurring within a specified
geographical area of the OCFA's jurisdictional limits.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto that:
I. CITY shall provide fire, paramedic, and rescue service to that unincorporated
territory of County which is indicated by the shaded areas on Exhibit"A" attached hereto and
herein referred to as the"SERVICE AREA".
2. Except as may be required by extraordinary conditions, the fire services
provided by CITY shall include a response of an engine with a minimum of three persons,
and the paramedic and rescue response shall include a minimum of two fully qualified/staffed
paramedic trained personnel in accordance with Orange County Emergency Medical Services
Agency (EMSA) Policy and Procedure No. 090.00. Such resources shall be equipped with
resuscitation, cardiac monitoring, cardiac defibrillation, advanced airway management,
intravenous therapy drug and medical preparation, and other advanced life support equipment
as specified by the EMSA.
3. On structure or other fires where fire grading requires dispatch of two or more
engines, CITY shall immediately notify OCFA Fire Dispatch Headquarters so that required
additional equipment can be dispatched. In the event CITY fulfills the minimum dispatch
requirement, this notification can be waived.
4. Where mutual aid is required, CITY's Fire Chief or his subordinate officer
shall make request through the County Mutual Aid Fire System.
508103.2
i
I
5. Requests for ambulance service in the SERVICE AREA shall be made by
OCFA. Such requests shall be made to ambulance service companies designated to serve the
area in question pursuant to contracts with such companies entered into by OCFA or an
OCFA member city.
6. CITY agrees to make periodic tests of fire hydrants using the normal
procedures used within CITY unless otherwise agreed between the OCFA Fire Chief and the
Fire Chief of CITY,provided that charges for water usage, if any, will be the responsibility of
OCFA.
7. CITY shall not be liable for fire hydrant repair or rental charges.
8. The procedure for reporting and response to fire calls and for traffic control
shall be determined by the OCFA Fire Chief, or his or her designee, in consultation with
CITY's Fire Chief.
9. CITY agrees to furnish OCFA with National Fire Incident Reports (NFIR's)
on fire,paramedic, and rescue service and other activities in connection with this Agreement.
10. Burning permits for the SERVICE AREA may be issued by CITY's Fire Chief
or his designee. Said permits shall be issued on forms prepared by OCFA, pursuant to
regulations in effect in said territory.
11. Payment for the 2006/07 fiscal year and each of the subsequent fiscal years
covered by this Agreement will be calculated using the following formula:
NSAV X 0.01 X 0.11430192 X 0.80=Annual Payment
NSAV = the sum of the Net Secured Assessed Value of all parcels in the SERVICE
AREA as reported by the Orange County Assessor for the then current fiscal year
0.01 =the one percent(1%) Basic Property Tax Levy
0.11430192 =the Structural Fire Fund Tax Rate for Tax Rate Area 73-002
0.80 =the eighty percent(80%)pass-through amount to the CITY
Said yearly payment shall be paid to CITY in equal semi-annual installments on
February 1 and June 1 commencing February 1, 2007. CITY will submit a bill for each
six-month period to the OCFA Fire Chief,who will, in turn,process the same for payment.
12. The term of this Agreement is for five (5) years commencing October 1, 2006
and terminating on June 30, 2010 or upon the earlier annexation of the SERVICE AREA by
CITY, provided that either party may terminate it on June 30 of any year by giving written
notice of termination to the other party at least six (6)months prior to said termination date.
13. The OCFA shall, at its own expense, provide to the CITY a predetermined
district mapping system, as well as other dispatching information (e.g. CAD-FSO files), for
the SERVICE AREA covered by this Agreement.
14. The parties agree that the provisions of this Agreement are not intended to
directly benefit, and shall not be enforceable by persons or entities not a party to this
W 103.2 2
Agreement. By entering into this Agreement, neither party waives any of the immunities
provided under state or federal law.
15. Each party shall indemnify and hold harmless the other part, and its officials,
officers, agents and employees from any and all losses, liability, damages, claims, suits,
actions and administrative proceedings, and demands relating to acts or omissions of the
indemnitor, its officials, agents or employees arising out of or incidental to the performance
of any of the provisions of this Agreement. Neither party assumes liability for the acts or
omissions of persons other than each party's respective officials, officers, agents, or
employees. In the event judgment is entered against both parties because of joint or
concurrent negligence of both parties, or their officials, officers, agents or employees, an
apportionment of liability to pay such judgment shall be made by a court of competent
jurisdictions and neither party shall be entitled to a jury.apportionment.
16. The OCFA shall not be liable for the direct payment of any wages or other
compensation to any official, officer, employee, or agent of the CITY performing any
services under this Agreement. The OCFA shall not be liable to any official, officer,
employee, or agent of the CITY for any sickness or injury incurred by such person in the
course of performing services under this Agreement. The CITY shall be solely responsible
for all personnel actions relating to the CITY employees utilized in the performance of this
Agreement.
17. The CITY shall not delegate or assign the rights or obligations hereunder,
either in whole or in part, without prior written consent of the OCFA. Any attempted
assignment or delegation in derogation of this paragraph shall be void.
18. For purposes of liaison and the administration of this Agreement, the OCFA
Fire Chief and the CITY Fire Chief are designated as the representatives of the respective
parties to this Agreement, and they shall be jointly responsible for administration of this
Agreement.
19. Any notice or notices required or permitted to be given pursuant to this
Agreement may be personally served on the other party by the party giving such notice, or
may be served by certified mail, postage prepaid, return receipt requested at the following
addresses:
OCFA: CITY:
Fire Chief Fire Chief
Orange County Fire Authority City of Huntington Beach
1 Fire Authority Road 2000 Main Street, 5th Floor
Irvine, CA 92602 Huntington Beach,CA 92646
20. This Agreement, together with Exhibit A attached hereto (which is
incorporated herein by reference) fully expresses all understandings between the OCFA and
the CITY with respect to the subject matter of this Agreement and shall constitute the
complete Agreement between the parties for these purposes. No addition to, modification, or
alteration of, the terms of this Agreement or any Exhibit(s) thereto,whether written or verbal,
shall be valid unless made in writing and formally approved and executed by both parties.
508103 Z 3
21. In the event suit is brought by either party to enforce the terms and conditions
of this Agreement, or to secure the performance hereof, each party shall bear its own
attorneys' fees.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day
and year above written.
CITY OF HUNTINGTON BEACH, ORANGE COUNTY FIRE AUTHORITY,
a municipal corporation off the a Joint Powers Agency
State of California
Mayor irman
zX
City Clerk ,►, Authority ire Chief
APPROVED AS TO FORM: ATTEST:
LP
City Attorney Cler f the Authority
INITIATED AND APPROVED: APPROVED AS TO FORM:
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Fire ief Authority ounsel
REVIEWED AND APPROVED:
ity Admi istrator
EXHIBIT A
Service Area Description/Depiction
Service Area shown in shaded(gray) area below.
EOS� T S
0 HUNTINGTON BEACH
UNINCORPORATED r_
COUNTY
AREA
Subject property consists of Assessor parcel numbers:
110-016-14
110-016-15
110-016-16
110-016-24
110-016-32
508103.2 5
ATTACHMENT #2
Exempt per Government Code 6103 G�
r
WHEN RECORDED,PLEASE MAIL TO:
CITY CLERK Recorded in Official Records, Orange County
CITY OF HUNTINGTON BEACH Tom Daly, Clerk-Recorder
IIIIIIIIIIIIII IIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII II NO FEE
2000 Main Street 2041000011727 42:27pm 41114107
Huntington Beach, CA 92648 116 0 Al2 24
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
C0 r(e c:-e )o c to vv^ ^4
ASSIGNMENT
OF
SECURED FIRE PROTECTION AGREEMENT
(Signal Landmark-TT15460)
Ce_cocc�e6 "'b o c t-k vw.e..N4r o-LOO 000 (0 -7ya2 ) � .
Exegipt per Government Code 6103
WHEN RECORDED, PLEASE MAIL TO:
Orange County Fire Authority Recorded in Official Recor s, Orange County
Attn: Clerk of the Authority Tom Daly, Clerk-Recorde
1 Fire Authority Road 1111301111IIII111111111111 NI 1131111111111 NO FEE
Irvine, CA 92602 200600067421 10:302M 10/11/06
115 86 Al2 24
0.00 0.00 0.00 .00 0.00 0.00 0.00 0.00
r-
r `.
CLAssignment of/secured Fire P otection Agreement
oject Name: Target Miss' n Viejo (North), CA------------
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�t
By anetween the
ORANGE C TY FIRE AUTHORITY,
A CALIFORN JOINT POWERS AUTHORITY
and Target Corporation
r _
7ZL
Caoo0/77� 7
— /0 -���
� e
,Lv1v�ORMED COPY
Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
WHERECORDING
RECORDED MAIL REQUESTED
T BY O: AND IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII{Ilulllllllllllllllllllllllll NOFEE
200604067421610:30am 10111106
CITY CLERK
CITY OF HUNTINGTON BEACH 115 96 Al2 24
2000 Main Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Huntington Beach,California 92648
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX$ PUBLIC AGENCY EXEMPTION FROM RECORDING FEE REQUESTED
Computed on the consideration or value of property conveyed;OR PURSUANT TO GOVERNMENT CODE§6103
Computed on the consideration or value less liens or
encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax—Firm Name
The undersigned declares that this document is recorded at the request of and for the benefit of the City of Brea and is
therefore exempt from the payment of the recording fee pursuant to Government Code Section 6103 and from the payment
of the documentary transfer tax pursuant to Revenue and Taxation Code Section 11922.
ASSIGNMENT
OF
SECURED FIRE PROTECTION AGREEMENT
(Signal Landmark—TT15460)
THIS ASSIGNMENT OF SECURED FIRE PROTECTION AGREEMENT
("Assignment") is made by and between the ORANGE COUNTY FIRE AUTHORITY, a Joint
Powers Agency ("JPA") duly organized and existing under the laws of the State of California
(hereinafter referred to as "OCFA" or "Assignor"), the CITY OF HUNTINGTON BEACH, a
California municipal corporation and general law city (hereinafter referred to as the "City" or
"Assignee"), and SIGNAL LANDMARK, INC., a California Corporation(hereinafter referred to
as the "Company"). This Assignment is dated 5f��e� �z.- LY , 2006, for purposes of
identification only. OCFA, City, and Company are sometimes hereinafter referred to as a
"Party" and collectively as the"Parties."
RECITALS
WHEREAS, OCFA is a governmental entity providing fire and life safety services to
over one million residents within the County of Orange, California, and is a Joint Powers
Agency organized pursuant to the provisions of Article 1, Chapter 5, Division 7, Title I
(commencing with Section 6500) of the California Government Code. OCFA consists of
twenty-two (22) member cities and the County of Orange. Each OCFA member agency
individually has the statutory ability to provide fire prevention, suppression, and protection, and
related and incidental services, including emergency ambulance response services, within their
respective jurisdictions.
WHEREAS, by entering into a joint powers agreement, each JPA member agency vested
OCFA with the power to exercise each member agency's legal ability to provide fire prevention,
suppression, and protection, and related and incidental services, including emergency medical
and transportation services, and other fire related services authorized by law within their
respective jurisdictional boundaries. As such, OCFA ostensibly serves as the "fire department"
for the County and for each member city. The City, however, is not a member of the OCFA, and
OCFA has no legal authority to perform fire protection, suppression, or any related and
incidental services, including emergency medical and transportation services, within City.
WHEREAS, City is in the process of annexing approximately 10 5.1 acres of real
property commonly known as the 2002 Brightwater Development Project, all of which is subject
to Vesting Tentative Tract Map No. 15460 (the "Property"). The Property is currently located in
the unincorporated area of the County of Orange and is wholly owned by the Company.
WHEREAS, on 7 Z6 046 , 2006, OCFA and Company entered into a Secured
Fire Protection Agreement (the `SFP Agreement") for the purpose of ensuring that Company
provides and contributes its pro rata fair share costs for the provision of fire protection and life
safety services and improvements for the benefit of residents residing within the Property, which
includes funding capital improvements necessary to establish adequate fire protection facilities
and equipment and contribution toward_s overall regional fire services and facilities necessary to
protect and serve the Property and the residents residing within the Property (Company's "Fair
Share Cash Contribution"). A true and correct copy of the Agreement is attached hereto as
Exhibit "A".
WHEREAS, on 1 Z 1 Z , 2005, the City and the Company entered into a pre-
annexation agreement (the "Pie-Ahnexation Agreement"), which addresses the respective rights,
duties, and obligations of the parties thereto concerning Annexation of the Property to the City.
WHEREAS, the purpose of this Agreement is to provide for the assignment of all of
OCFA's rights, title, privilege, and interest in the Agreement to City upon Annexation of the
Property, thereby allowing City to receive Company's Fair Share Cash Contribution as provided
pursuant to Section 2, subsection B, of the SFP` Agreement. OCFA desires to transfer, and City
desires to acquire, all of OCFA's rights, title, privilege, and interest in the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
ASSIGNMENT
Section 1. Assi ent.
Assignor hereby assigns all rights, title, privilege, and interest in the Agreement to
Assignee. By operation of this Assignment, Assignor hereby delegates, conveys, and grants to
Assignee all of Assignor's rights, duties, and obligations of performance in the Agreement. By
accepting this Assignment, Assignee hereby agrees to assume and to perform all rights, duties,
and obligations that Assignor has under the Agreement as if Assignee had been an original party
to the Agreement. Company understands, agrees, and consents that upon the Effective Date of
this Assignment, Company shall perform all of its obligations under the Agreement in
cooperation with City, as the successor agency in interest under the Agreement, and shall tender
its Fair Share Cash Contribution directly to City.
Section 2. Acceptance of Assig ent.
Assignee hereby accepts the foregoing assignment; of the Agreement and all of
Assignor's rights, title,privilege, and interest thereunder.
Section 3. Assignor's Covenant.
Assignor covenants that the copy of the SFP Agreement, attached.hereto as Exhibit "A,"
is a true and correct copy as is currently in effect and that there exists no other agreement(s)
affecting Assignor or Company's rights, duties, and obligations contained therein.
Section 4. Effective Date.
This Assignment shall become effective as of the date on which the City annexation of all
or a portion of the Property becomes effective.
Section 5. Effect on Successors.
This Assignment, the representations, covenants, and conditions contained herein, and the
terms and provisions of the Agreement, shall inure to the benefit of and be binding upon the
Parties hereto and their respective successors and assigns, and shall survive the execution,
delivery, and recording hereof.
Section 6. Litigation Costs.
If any litigation between Assignee and Company arises out of this Assignment, or
concerning the meaning or interpretation of this Assignment, both Assignee and Company agree
to defend, indemnify, and hold harmless OCFA.
Section 7. Indemnification.
City shall defend, indemnify, and hold harmless OCFA, its officers, employees and
agents, with respect to any claim, damage, loss, cause of action,lawsuit, or proceeding that arises
out of or is in any way related to any act or omission by City, or its officers, employees, or
agents, in the performance or non-performance of any duty or obligation pursuant to or arising
out of this Assignment.
Company shall defend, indemnify, and hold harmless OCFA, its officers, employees and
agents, with respect to any claim, damage, loss, cause of action, lawsuit, or proceeding that arises
out of or is in any way related to any act or omission by Company, or its officers, employees, or
agents, in the performance or non-performance of any duty or obligation pursuant to or arising
out of this Assignment.
Section 8. Notices.
All notices, demands, requests, or approvals to be given under this Assignment shall be
given in writing and shall be deemed served when delivered personally or on the third business
day after deposit in the United States mail, postage prepaid, first class mail, addressed as follows:
All notices, demands, requests or approvals to CITY shall be addressed to:
1
City of Huntington Beach
Attn: City Manager's Office
2000 Main Street
Huntington Beach, CA 92648
All notices,demands, requests or approvals to OCFA shall be addressed to:
Orange County Fire Authority
Attn: Fire Chief
P.O. Box 57115
Irvine, California 92619-7115
All notices, demands, requests or approvals to Company shall be addressed to:
Signal Landmark Inc.
Attn: Ed Mountford
6 Executive Circle, Suite 250
Irvine, CA. 92614
Section 9. Recitals.
The above-referenced Recitals are true and correct and are incorporated by reference
herein.
Section 10. Integration.
This Assignment, together with the attachments hereto (which are incorporated herein by
reference as if fully set forth within the body of this Assignment), fully expresses all
understandings between the Parties with respect to the subject matter of this Assignment and
shall constitute the complete agreement between the Parties for these purposes. No addition to,
modification of, amendment of, or alteration of, the terms of this Assignment or any attachments
thereto, whether written or verbal, shall be valid unless made in writing and formally approved
and executed by both the Parties.
Section 11. Governing Law.
This Assignment shall be governed by and construed in accordance with California law.
IN WITNESS WHEREOF, the Parties have executed this Assignment as set forth below.
ORANGE COUNTY FIRE AUTHORITY,
a California Joint Powers Agency
B Date:
K ynn Wi n,
an of he Board of Directors
1
APPROVED AS TO FORM:
BY: Date:
Terry C. s, General Counsel
ATTEST:
By: 0
Date: Q 2g D(o
InjW,Clerk o the Authority
CITY OF HUNTINGTON BEACH, a California municipal corporation
By: 44--4 Date:
Dave Sullivan,Mayor
oG-off
By: eAj LAk&A- - Date:
Joan L. Flynn, CKy Clerk
APPROVED AS TO FORM:
p
By: t Date: " 3 04
4 Jennifer McGrath, City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
�r� �c�e ss.
County of ,�,/
On Se0)eM6e'-C�, wto, before me,
Date JJ�� Na;ne and/Title of Officer(e.g., Jane Doe,Notary Public")
personally appeared
Names)of Signer(s)
personally known to me
❑proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) islare subscribed
P.J.ALBERS to the within instrument and acknowledged to me that
Cf omi 1600492 he/she/they executed the same in his/her/their
Notary Pawl:-COmOrni01 authorized capacity(ies), and that by his/her/their
Orange County signature(s) on the instrument the person(s), or the
i%1MVC0nVn-ExpiresAug 12,2W9
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above i
Signature of Notary Public
State of California
County of 6Y'CL40e' ss.
On lwi - before me, 0"� J- �' C/ /' 4 l '
Date Name and Title of Officer(e.g.."Jane Doe,Notarl Public")
personally appeared Rob ' �-avr— ,
Na (s)of Signer(s)
?personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s)whose name(s) is/are subscribed
P J.HERS to the within instrument and acknowledged to me that
Commission#1600"2 he/she/they executed the same in his/her/their
Notary @,My
PublK-CaNtomia authorized capacity(ies), and that by his/her/their
orange County
Comm.Expires Aug 12 signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above �L�
Signature of Notary Public
SIGNAL LANDMARK,INC.
a California Corporation
By: 4;1— -- Date: ° 3
Its: L)
By: r Date: /0 3 6
Its:
(Signatures of representatives of Signal Landmark, Inc. must be properly
acknowledged before a notary public.)
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
On r JA ,qwk before me, the undersigned, a Notary Public in and for said State,
personally appeared c� ' Ira CA.Sc,%,h, ( personally known to me OR-Q-pFaued_ta
to be the person(s)whose name(s)jb/are subscribed to the within instrument
and acknowledged to me that hekhe/they executed the same in 464w/their authorized capacity(ies), and that by
histhm/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal. COLLECE WILCOX
�� < _ Commission-1605l300
. Irr
Orange County
Signature of Notary Mycomm.EXPIr"SOP 10,
is area for official notarial seal)
CONFORMED COPY Recorded in Official Records',Orange County
Tarn Daly, Clerk-Recorder
Not Compared with original fllllillPII�117l11lI�1111�11���!�!11111 �1'i1�l�1lllll[IIf Nth FED
200 00056 233 11:23am 0812310
11691Al2 '17
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SECURED FIRE PROTECTION AGREEMENT
by and between the
ORANGE COUNTY FIRE AUTHORITY,
A CALIFORNIA JOINT POWERS AUTHORITY
and
Signal Landmark Inc.
Effective Dater
Project Name: Bright Water Homes
ORANGE COUNTY FIRE AUTHORITY
SECURED FIRE PROTECTION AGREEMENT
WITH
Signal Landmark Inc.
This Secured Fire Protection Agreement ("Agreement") is made between the
Orange County Fire Add hority, a California Joint Powers Authority ("OCFA") and
Signal Landmark, Inc., a California Corporation ("Company") and is effective as of
ter a 4 , 200 !n
RECITALS
A. OCFA is a governmental entity, organized as a California Joint Powers
Authority, providing fire protection and life safety services to over one million
residents within the County of Grange ('County„), including the areas within the
Sphere of Influence of the City of Huntington Beach ("City") and all of`the real
property described in this Agreement,
B. This Agreement covers real property referred to as the "2002
Brig'htwater Development Project" owned by Company located within the County of
Grange and the City of Huntington Beach sphere of influence as of the date of this
Agreement, all as described on Exhibit A attached hereto. The extent of Company
development for which fire protection services will be provided by Authority shall
cover all of the property subject to Tentative Tract Map No.15460.
C. Company's development of the Project Area is subject to the general
development requirements and conditions (collectively, the "County Conditions")
related to the provision for emergency response; fire protection services, equipment
and facilities imposed by the County. The County Conditions generally include
requirements for Company to enter into agreements with OCFA to ensure that
Company will provide for and contribute its pro rats fair share costs of emergency
response, fire protection services, equipment and facilities for the benefit of residents
residing within the Project Area.
D. OCFA and Company believe that this Agreement contains adequate
safeguards to ensure OCFA's ability to enforce the obligations of this Agreement and
protect the public interest.
AGREEMENT
Based upon the foregoing Recitals and in consideration of the covenants and
conditions contained in this Agreement, the parties agree to timely perform each of
their respective obligations as set forth'herein.
1
SECTION 1. DEFINITIONS
Unless the context otherwise requires, wherever in this Agreement the
following terms are used, the intent and meaning shall be interpreted as provided
herein..
"Agreement" means this Secured Fire Protection Agreement, including the
attached Exhibits between OCFA and the.Company.
"OCFA" means the Orange County Fire Authority, a governmental entity and
California joint powers authority.
"City" means the City of Huntington Beach, a member of OCFA.
"Company" means Signal Landmark Inc.
"County Conditions" means the general development requirements and
conditions related to the provision of emergency response, fire protection services,
equipment and facilities imposed by the County as conditions of approval on
development projects proposed or undertaken in the unincorporated area of the
County by Company.
"Effective Date" means the date this Agreement is approved by the OCFA
Board of Directors.
"Fee" means the most current fee, as approved by OCFA or its successors or
predecessors in interest, or as may be adopted by OCFA or its successors from time
to time, for the funding in whole or in part of emergency response,.fire protection
services, equipment and facilities within the Project Area.
"Project Area" means the property owned by Company within the City's
sphere of influence as of the date of this Agreement, and as more particularly
described in Exhibit A.
"Security Instruments" means surety bonds, letters of credit or any other
form of security or method, acceptable to OCFA, of assuring construction,
installation, or provision of emergency response, fire protection services, equipment
and facilities.
SECTION 2. COMPANY OBLIGATIONS
Company is in the process of developing the property in the Project Area and
constructing improvements thereon that will result in regional impacts that will require
emergency response, fire protection services, equipment and facilities by OCFA. In
recognition and consideration of these impacts, OCFA and Company mutually agree
as follows:
2
I
i
A. Acknowledgment of Obligations- and Satisfaction of OCFA
Requirements
Company acknowledges that pursuant to the County Conditions, Company is
required (i) to provide a pro rata share of funding necessary to establish adequate
emergency response, fire protection services, equipment and facilities, and (ii)
contribute towards overall regional emergency response, fire protection services,
equipment and facilities Is provided herein in this Agreement. OCFA acknowledges
that Company's perform:nce of the obligations set forth in this Agreement constitute
satisfaction of the obligations of Company for this Project. The pro rats share does
not include standard processing fees for plan checking, permits and similar services
or requirements of OCFA.
B. Pro Rata Share
1_ Company agrees to pay in full its Pro rat_^ share as providee
below:
(a) A cash contribution in an amount determined by
multiplying the applicable fee in effect at the time payment is due by the number of
proposed residential dwelling units and, in the case of commercial development, the
square footage equivalency as determined by the formula in subparagraph (b) below
(all as shown on the attached Exhibit B), within ten (10) days of issuance of the first
residential or commercial building permit ("Due Date") for any portion of the property
owned by Company within the Project Area as of the Effective Date. The parties
agree that the applicable fee on the Effective Date is $600/unit. The parties further
agree that the Company's total funding obligation on the effective 'date of this
Agreement is $209,400(all as shown on Exhibit B).
(b) Such amounts of residential dwelling units and square
footage of commercial development may be adjusted according to an equivalency
formula as follows: 1) commercial development square footage may be divided by,
1,000 and then multiplied by 0.9 (nine/tenths or 9/10) to reach the equivalent
dwelling units; 2) residential dwelling units may be divided by 0.9 (nine/tenths or
9/10) and then multiplied by 1,000 to reach the equivalent commercial square
footage_
2. Nothing in this Agreement shall be construed to prohibit
Company from paying all, or a portion, of the amounts) set forth above in advance
of the Due Date. Such prepayment will be calculated by multiplying $600 or the
applicable fee in effect at the time of payment by the number of units for which the
Company wishes to prepay. Company will not be responsible for any subsequent
fee increase that may be adopted by OCFA between the date of payment and the
issuance of a building permit for the units covered by the paid fee.
3. In the event that the actual number of dwelling units, or
equivalent dwelling units, built is less than 349 units, OCFA will make such
adjustments as may be appropriate, including the payment of any refund for any
amounts overpaid. At build-out, documentation satisfactory to OCFA shall be
3
furnished to OCFA which verifies the actual number of dwelling units, or equivalent
dwelling units, constructed and that no further units, or equivalent units, shall be built
on the property in the Project Area owned by Company on the Effective Date. Such
documentation shall serve as the basin for making any necessary adjustments by
multiplying the applicable fee in effect at the time of the last payment to OCFA by the
actual number of units, or equivalent units, that were not built (calculated by
subtracting the total number of units, orequivalent units, built from 349 units, the
total number of units, or equivalent units, allowed). OCFA shall refund the Company
for any amounts overpaid within thirty (30) days of the earlier of(i) written notification
to OCFA that the Company will build less than the 349 units proposed residential
dwelling units; and (li) the date the OCFA receives the above-referenced
documentation which shall serve as the basis for making any necessary adjustments
by multiplying the applicable fee in effect at the time of the last payment to OCFA by
the actual number of units, or equivalent units, that were not built.
SECTION 3. SECURITIES
A. Security to Guarantee Payment
Within sixty (60) days after execution of this Agreement, Company
shall furnish OCFA with a Faithful Performance Bond or Letter of Credit or any other
security instrument acceptable to the Fire 'Chief and OCFA Counsel, securing
Company's then remaining obligation to pay OCFA the pro rafa share amount set
forth in Section 2, subject to the following requirements;
1. Form of Security instruments. All Security Instruments shall
meet the following minimum requirements and otherwise shall be in a form
acceptable to OCFA:
(a) Any insurance company acting as surety shall have a
minimum rating of. A, as rated by the current edition of Best's Key Rating Guide
published by A.M. Best's Company, Oldwick, New Jersey 08858; any bank issuing a
Letter of Credit shall have a minimum rating of AA, as rated by Moody°s or Standard
3 Poor's; each entity acting as a surety shall be licensed to do business in California.
(b) Payments under the security instrument shall be required
to be made in the County of Orange, State of California.
(c) The security instrument shall reference Company's
obligations under this Agreement, shall be irrevocable, and shall include, as an
additional obligation secured, the ,responsibility to compensate OCFA for all of
OC'FA's reasonable attorneys' fees and litigation expenses reasonably incurred in
enforcing its rights under the security instrument.
2. Release of SecurityInstruments. OCFA shall release or partially
release the Faithful Performance Bond or Letter of Credit, pro rata; upon Company's
written request as and when OCFA receives payment and after acceptance of
Company's final payment obligation pursuant to Section 2.
4
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SECTION 4. DEFAULT AND ATTORNEYS' FEES
A. Remedies Not Exclusive
In any case where this Agreement provides a specific remedy to OCFA
for breach or default by Company hereunder, such remedy shall be in addition to,
and not exclusive of, QCFA's right to pursue any other administrative, legal or
equitable remedy to which it may be entitled-
B. Attorneys' Fees and Costs
In the event of any litigation -arising out of this Agreement or under any
of the Security Instruments referenced herein, the prevailing party in such action, in
addition to any other relief, which may be granted, shall be entitled to recover its
reasonable attorneys' fees and costs. Such attorneys' fees and costs shall include
fees and costs on any appeal, and al!, other reasonable costs incurred in
investigating such action, taking depositions and discovery, retaining expert
witnesses, and,all other necessary and related costs with respect to such litigation or
arbitration. All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not the action is
prosecuted to judgment.
SECTION 5 GENERAL PROVISIONS
A. Successors and Assigns
This Agreement shall be binding upon all successors and assigns of
OCFA and of Company and of Company's right, title, and interest in and to the
Project Area and any portions thereof.
B. Density and Intensity of Development
The provisions of this Agreement shall be deemed to be in substantial
compliance with all County Conditions for this Project. In the event the density or
intensity of development for this Project is proposed to be increased, OCFA and
Company shall meet and confer and determine whether there should be any
modification to this Agreement to provide for additional services, equipment or
facilities necessary to serve the Project Area as a result of the approval of any such
increase. In the event the parties cannot agree, OCFA shall have the right to protest
or contest in any administrative or judicial forum as OCFA deems appropriate any
approval of any such increase.
C. Waiver of Rights and Claims
Company agrees and acknowledges that there is an essential nexus
between its pro rata share and a legitimate governmental interest and that its pro
5
rata share is roughly proportional to and reasonably and rationally related to the
impacts that will be caused by development of the Project Area.
In consideration of the mutual promises and covenants set forth in this
Agreement, Company, its successors and assigns, hereby waives and releases any
present or future rights or claims Company, or its successors or assigns may have or
possess under Government Code-section 66000 et. seq. (as amended) with respect
to OCFA's establishment, receipt and use of the fees required to be paid to OCFA
under this Agreement so long as OCFA, or its successors in interest, continues to
provide fire protection and related services to the Project Area as contemplated by
this Agreement.
D. Good Faith Negotiations
Company acknowledges and agrees that OCFA is prepared to conduct
a fee study that might result in an increased pro rats share to Company. Company
desires to avoid the c 3lay and uncertain I results of such a study and enters this
Agreement in good faith and in consideration for OCFA deferring such a study to a
later date.
E. Severability
In the event any portion of this Agreement shall finally be determined
by a court of competent jurisdiction to be unlawful, such provision shall be deemed to
be severed from this Agreement and every other provision of this Agreement shall
remain in full farce and effect. If any one or more of the provisions contained in this
Agreement shall for any reason be held to be excessively broad, it shall be
construed, by limiting and reducing it, so as to be enforceable to the extent
compatible with the applicable laws then in effect.
F. Notices
All written notices pursuant to this Agreement shall be addressed as
set forth below or as either party may hereafter designate by written notice and shall
be delivered in person or sent certified or registered mail, postage prepaid and
addressed as follows:
To: Orange County Fire Authority WITH COPY TO:
Attn: Fire Chief TerryC. Andrus, General Counsel
1 Fire Authority Road Woodruff, Spradlin & Smart
Irvine, CA 92602 701 South Parker Street, Suite 8000
Orange, CA 92868-4760
To: Signal Landmark Inc. WITH COPY TO:
Attn: Ed Mountford None
6 Executive Circle, Suite 250
Irvine, CA, 92614
6
All notices provided for herein shall be deemed effective upon receipt if
personally served or seventy-two (72) hours after "being sent by certified or
registered mail, postage prepaid.
G. Entire Agreement
This Agreement constitutes the entire understanding between the
parties and supersedes a l prior negotiations or agreements.between them pertaining
to the subject matter hereof.
H. Recordation of Agreement
This Agreement and any amendment shall be recorded in the Official
Records of the County of Orange by OCFA with a conformed copy being furnished to
Company by OCFA within fifteen (15) days of recordation.
!. Time of the Essence
OCFA and Company agree that time is of the essence with respect to
each provision of this Agreement of which time is an element.
J. Exhibits to Agreement
This Agreement includes the following Exhibits, which are attached
hereto and made a part'hereof:
Exhibit A - Description of the Project Area
Exhibit B - Fire Service impact Fees
11J
111
111
7
K. Authorized Signatories
Company and its signatories herein covenant and represent that each
individual executing this Agreement is a person duly authorized to execute this
Agreement for Company.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year above written.
ORANGE COUNTY FIRE AUTHORITY
a California Joint Powers Authority
r
Date: By:
Chip Prather, Fire Chief
Orange County Fire Authority
ATTEST:
Dater -71a.6,
Clerk of the Orange Cou ty
Fire Authority
APPROVED AS TO FORM:
TERRY C. ANDRUS
GENERAL COUNSEL
By. '
Date: -
Signal Landmarl!ik4oc
s
Date: Z. _A
By;
lts-'Authidrzed representative
By:
lts'Authorized representative
8
lI
STATE OF CALIFORNIA }
ss.
COUNTY OF ORANGE
On May 1.2, 2006,before me,the undersigned, a Notary Public for the State of California,
personally,appeared, Raymond J. Panini,personally known to me to be the person whose
name is subscribed to the ,Within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person or
the entity upon behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
CLLfCE WILCOX C.C-,,f' ( ✓ fi .
Comm4si, 160MM ; Not Public
Norcvy pUft-CaWorft Collf-ce Wilco;
Myc ccw"p" My Commission Expires September 10, 200.9 0- .
10.24
DESCRIPTION OF ATTACHED DOCUMENT:
Secured Fire Protection Agreement
Between OCFA and Signal Landmark
Project: Brightwater Homes
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE )
On May 18, 2006, before me, the undersigned, a Notary Public for the State of California,
personally appeared, Sandra G. Sciutto, personally'known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that she executed,
the same in her authorized capacity, and that by her signatures on the instrument the
person or the entity upon behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
COLLECF WILCOX
Norc Notary Public
Otange C0L%*1 Collece Wilcox
L0tMvC0MM.EXI**3SGVI0'24
My Commission Expires: September 10, 2009
DESCRIPTION OF ATTACHED DOCUMENT:
Secured Fire Protection Agreement
Between OCFA and Signal Landmark
Project; Brightwater Homes
EXHIBIT "A"
BRIGHTWATER LEGAL AND EXHIBIT
THAT PORTION OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE NO.
CC 92-01, IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF
ORANGE, STATE OF CALIFORNIA, PER DOCUMENT RECORDED SEPTEMBER 2
1,992 AS INSTRUMENT N4. 92-589755 OF OFFICIAL RECORDS, IN THE
OFFICE OF THE COUNTYIRECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE WESTERLY CORNER :OF LOT B OF' TRACT NO. 15734, AS
PER MAP FILED IN BOOK 797, PAGES 41 THROUGH 43, -INCLUSIVE, OF
MISCELLANEOUS MAPS IN SAID OFFICE OF THE COUNT' RECORDER;
THENCE, ALONG THE SOUTHWESTERLY LINE OF SAID TRACT NO. 15734,
SOUTH 34002'08" EAST, 604.67 FEET;
THENCE, ALONG THE SOUTHERLY 'DINE OF SAID TRACT NO. 15734,
NORTH 89058'30" EAST, 323.00 FEET TO THE NORTHWESTERLY CORNER OF
THE LAND DESCRIBED IN A QUITCLAIM ;DEED RECORDED NOVEMBER 3, 1959
IN BOOK 4960, PAGE 87 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE
COUNTY RECORDER;
THENCE, ALONG, THE WESTERLY LINE OF SAID LAND DESCRIBED IN THE
QUITCLAIM DEED, SOUTH 00010129" 'WEST, 555.3`9 FEET TO THE
NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING
AND DISTANCE OF "SOUTH 55*55-23" WEST, 109.74 FEET" IN THE
NORTHERLY BOUNDARY OF AN "IRREVOCABLE OFFER OF DEDICATION IN FEE
FOR OPEN SPACE, HABITAT ENHANCEMENT AND PUBLIC ACCESS PURPOSES.
RECORDED DECEMBER 05, 2005 AS INSTRUMENT NO. 2005000970073,
OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER;
THENCE, ALONG SAID NORTHERLY. BOUNDARY OF SAID OFFER OF
DEDICATION, THE FOLLOWING COURSES;
SOUTH 55055'23" WEST, 109.74 FEET,
SOUTH 55049'21" WEST, 127.09 FEET;
SOUTH 44°24 '16" WEST, 82.15 FEET;
SOUTH 73047'18" WEST, 29.41 FEET.;,
SOUTH 61037'27" WEST, 60.35 FEET;
SOUTH 62025'42" WEST, 53.70 FEET;
SOUTH 62041'17" WEST, 50.15 FEET;
SOUTH 72°35'28" WEST, 100.45 FEET;
SOUTH 5504437" WEST, 1:14.79 FEET;
SOUTE 49022'16" WEST, 39.37 FEET;
SOUTH 70015 '15" WEST, 41.57 FEET;
SOUTH 88031'06" WEST, 17.51 FEET;
NORTH 89031'2`8" WEST, 66.14 FEET;
SOUTH '88005'4.1" WEST, 55.11 FEET;
SOUTH 63039'51" 'WEST, 31.84 FEET;
SOUTH 67055'12" WEST, 18.88 FEET;
V'TROJECTS1Z04I34i41W�su plI.E[iA.F.StBRIGMNVATFR PROJECT AREA,doc
SOUTH 68056'57" WEST, 52.58 .FEET;
NORTH 86059'00" WEST, 50.59 FEET;
NORTH 75024'12" 'WEST, 53 .32 FEET;
NORTH 82053'05" WEST, 51.26 FEET,
SOUTH 71021120" WEST, 52.46 FEET
SOUTH 71:021'20" WEST, 69.49 FEET;
NORTH 79052 '55" WEST, 58.33 FEET;
NORTH 61027 '07'" WEST, 46.07 FEET
NORTH 69040'17" WEST, 81.44 FEET;
NORTH 70013112" WEST, 82.15 FEET;
NORTH 65040'24" WEST, 65.61 FEET;
NORTH 42028 '44" WEST, 56.43 FEET;
NORTH 00059106" WEST, 56.77 FEET;
NORTH 06*51135" WEST, 63.77 FEET;
NORTH 26039154" WEST, 223.33 FEET
NORTH 28036151" WEST, 11.33 FEET;
NORTH 30007'51" WEST, '30..77 FEET;
NORTH 52°20'02" 'WEST, 54.33 FEET;
NORTH 67042157" WEST., 54 .44 FEET;
NORTH 89059'40" WEST, 57.23 FEET,
SOUTH 80024'06" WEST, 89.21 FEET;
SOUTH 89029'48" WEST, 38.89 FEET;
NORTH 60057'-47" WEST, 42.04 FEET;
NORTH 41024'03" WEST., 73 .54 FEET;
NORTH 56055'08" WEST, 60.01 FEET;
NORTH 6504531" WEST, 52.06 FEET;
NORTH 81057137" WEST; 52.88 FEET;
NORTH 89007 '36" WEST, 62 01 FEET;
NORTH 860211401t WEST, 69.25 FEET;
NORTH 86043 '43" WEST, 56.26 FEET;
NORTH 78010'38" WEST, 40.65 FEET;
NORTH 54051152" WEST, 68.81 FEET;
NORTH 46045126" WEST, 75.55 FEET;
NORTH 35052155" WEST,, 62.38 FEET;
NORTH 46017'27" WEST, 83 .58 FEET;
NORTH 51046 '41" WEST, 64.01 FEET;
NORTH 55055'52" WEST, 64.00 FEET;
NORTH 61016151" WEST, 60.49 FEET;
NORTH 63011 '08" WEST, 68.02 FEET;
NORTH 60009'04'1 WEST, 64.11 FEET;
NORTH 59029'13" WEST, 33.61 FEET;
NORTH 44003 '25" WEST, 45.80 FEET;
NORTH 43039'48" WEST, 64.06 FEET;
NORTH 35050 '56" WEST, 39.41 FEET;.
NORTH 34055 '24" WEST, 326.74 FEET;
NORTH 00000100" EAST, 75.93 FEET TO THE NORTHERLY LINE OF
PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE CC 92-01;
THENCE, ALONG SAID NORTHERLY LINE, SOUTH 890 2'47" EAST, 546.98
FEET;
V.\PROJECTS`204234I4iG:sumnglLEGAI.S\SRIGHTW,,TER PROJECT AREA.doc
THENCE, CONTINUING ALONG SAID LINE, SOUTH 89°21' 3211 EAST, 2001.00
FEET TO THE POINT .OF" BEGINNING
CONTAINING AN AREA OF 71.248 ACRES, MORE OR LESS
ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS
.REFERENCE MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
PREPARED BY:
STANTEC CONSULTING INC
tkN0 UNDER THE DIRECTION OF
M MA
/ ' �.! .ate•
RAY E. SUR, P.. .S. 7185
MAY 22, 2006
J.N. 2042 341410
OF C �
V:S R0jF,CTS\204234141 O'rsurmapiLEGAL-q',BF IGfi1'WIATER PROJECT AREA.doc 3
EXHIBIT 'B ' SMEET 1 OF 1
IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF ORANGE,
STATE OF CAUFORNSA
$GALE= V = 400'
%'N
MARINA VIEW MACE
Nxm
',4yq,, aa`� 4.
SANDRA 1.E STREET
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02c�P ,v r
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STREET
.w/Vi�' �'.•�� i t'� t`ti 4 a" y 0
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0
c, man a' ss� Q� v�+4;" ��w"��"!st y"��3*a�4��" 4�'i 't'�.'• ��.
S�.\�"y,��'A'q� S,y \T{.s��a� 'tk,•'4 t` \k M sir�A t'A�',i^ it'4 is e'-°4�r
YNN
IrSTREET
GREEN STREET
�5 y 1 :.� ,�.�:�'°S.�aA ,i ��,y S L ;; f•t O��y�,y,.�^•x^ ,h>, 'l Y
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=` 'WILY "LINE
GOOMU PROPERTY
4gGO187 O.R.
V3\ ject512042341410\SLJRMAP\DVG\SYMEiOO25A*g 5/22/2006 '9,57s41 AM PDT
Y i
i
EXHIBIT B
FIRE SERVICE IMPACT FEES
Dwelling Units I Rate Obligation
340 $600 $ 209,400
Total units—349 $600 $ 209,400
ATTACHMENT #3
rLV
R CEIVED
Council/Agency Meeting Held: ,L R .
Deferred/Continued to CIT 0I=
App ved ❑ Con itio Ily Approved ❑ Denied F'�C.' City Clerk's Signature
Council Meeting Date: 12/12/2005 Department ID Number: AD 05-19
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND C Ty C UNCIL MEMBERS
SUBMITTED BY: PEN LOP�BRETH-G FT, , CITY ADMINIST4A
PREPARED BY: PAUL EMERY, DEPUTY CITY ADMINISTRATOR
SUBJECT: Approve Pre-Annexation Agreement with Signal Landmark
(Hearthside Homes), Adopt Resolution Declaring Water Exists for Pre-
Annexation Water Service and Adopt a Resolution Approving the
Application to Local Agency Formation Commission (LAFCO)for an
Out of Service Area Agreement
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue: Tlie proposed Pre-Annexation Agreement identifies the phasing of
annexation of 349 single-family residential units and approximately 105.3 acres of land
currently within unincorporated Orange County. The Pre-Annexation Agreement resolution
declaring the availability of water for services prior to annexation and the resolution
approving the application with LAFCO for an Out of Service Area Agreement will set the
framework for annexation of the area into the City of Huntington Beach.
Funding Source: The cost of the application for the Out of Service Area Agreement
($4,600) with LAFCO is scheduled for reimbursement through Pre-Annexation Agreement
Section 3.6.1.
Recommended Action: Motion to:
1. Approve and authorize execution by the Mayor and City Clerk the Pre-Annexation
Agreement between Signal Landmark and the City of Huntington Beach to be
executed upon sale of the "lower bench"to the State of California;
GAEmery\RCAs\Bolsa Chica Annexation 12-12-05.doc 12/7/2005 4:19 PM
i
REQUEST FOR ACTION
MEETING DATE: 12/12/2005 DEPARTMENT ID NUMBER:AD 05-19
2. Adopt Resolution No.P065-10A Resolution of the City Council of the City of Huntington
Beach Declaring Water Exists for Pre-Annexation Water Service;and
3. Adopt Resolution No.Aat 5-7q A Resolution of the City Council of the City of Huntington
Beach approving the application to LAFCO for an Out of Service Area Agreement.
Alternative Action(s): Deny the Pre-Annexation Agreement and the resolutions and direct
staff accordingly.
Analysis: The Signal Land mark/Hearthside Homes Brightwater project proposes 349
single-family residential units on a 67.9-acre area of the Bolsa Chica Mesa in unincorporated
Orange County directly adjacent to the City of Huntington Beach. In addition to the homes,
34.2 acres of land will be restored as a coastal sage scrub and native grassland area and a
3.2-acre site will be a protected southern tarplant Environmentally Sensitive Habitat Area
(ESHA). The total project area is approximately 105 acres.
The project is subject to the conditions outlined by the California Coastal Commission and
the County of Orange. The Coastal Commission has identified twenty-seven special
conditions (Attachment 1) that are required to be met prior to the issuance of a Coastal
Development Permit (CDP). The developer has entered into an agreement with the State of.
California to sell an area commonly referred to as the "lower bench" for$65 million. In order
for that sale to be consummated the developer has to.obtain a CDP through the addressing
i of the twenty-seven special conditions. Signal Landmark has indicated to staff that they have
targeted December 7, 2005 as the date of the issuance of the CDP from the Coastal
Commission. Upon issuance of the CDP, Signal Landmark will provide the necessary
documentation to the Wildlife Conservation Board to complete the purchase of the lower
bench to the State of California. Signal Landmark is targeting the closure of the sale prior to
the scheduled escrow expiration of December 31, 2005.
In that the development is within unincorporated County of Orange area, the County has
conditioned the development as well. The County's conditions of approval are also included
as an attachment to this document (Attachment 2).
On September 19, 2005, city staff and consultants from Rosenow Spevacek Group Inc.
presented to the City Council a preliminary fiscal analysis of the Bolsa Chica Annexation
(Attachment 3). As a result of the positive economic impact of the project, the City Council
directed staff to proceed with a process to annex the Signal Landmark, Brightwater
Development project within the Bolsa Chica area of unincorporated Orange County directly
contiguous to the City of Huntington Beach.-
City staff has been in discussions with the developer, Signal Landmark/Hearthside Homes,
representatives of LAFCO and staff from the County of Orange since that time. As a result
of these discussions, a Pre-Annexation Agreement (Attachment 4) has been completed that
outlines the terms of the annexation between the City and Signal Landmark. This agreement
calls for the city to provide water and sewer services prior to annexation and then as the
project is annexed in phases, water and sewer services will be provided to the residents..
G:\Emery\RCAs\Bolsa Chica Annexation 12-12-05.doc -2- 12/7/2005 4:58 PM
i
REQUEST FOR ACTION
MEETING DATE: 12/12/2005 DEPARTMENT ID NUMBER:AD 05-19
The agreement further indemnifies the City against legal actions that could be initiated by
any third party including any claims by Golden State Water Company, the successor in
interest to Southern Califorr'ia Water Company, relating to the provision of water to the
property. As of the date of preparation of this RCA, Golden State Water Company has not
released any rights under their PLIC permit or franchise agreement with the City to construct
the pipeline and provide water to the project. Absent a release by Golden State Water
Company, it retains the right under state law and under the Franchise Agreement with the
City to build the pipeline and provide service to the development.
In exchange for these services,Signal Landmark will pay to the city an annexation fee in the
amount of$4,216,150 payable in a lump sum payment of$2,000,000 at the time of the
issuance of the first residential building permit for the project and $6,350 per unit at the time
of annexation. In addition to the annexation fee, fees for water and sewer connection are
included in the agreement. The sewer connection fee is$1,749 per unit and the water
connection fee is $4,800 per unit. The sum of these two fees, payable upon application for
connection per unit, is $2,285,601. The sum total of the annexation fee and the water and
sewer connection fees is $6,501,751. The annexation fee proposed is in lieu of all other
development impact fees including any park fees.
The Pre-Annexation Agreement calls for the developer to obtain all permits from the County
of Orange from grading to building. All inspections will be completed by County of Orange
personnel except for two selected areas, water and sewer. The City of Huntington Beach will
issue permits for water and sewer construction that will be completed within City easements
in the private streets. It will be necessary for the City to enter into a Cooperative Processing
Agreement with the County of Orange to delineate responsibilities for the annexation of the
properties into the City of Huntington Beach. It is anticipated that the recording of annexed
properties will take place between the start of construction and the issuance of an occupancy
permit. This will allow the developer to obtain vesting and allow the City to annex the
property prior to a change in ownership. The Cooperative Processing Agreement with the
County will facilitate that action.
In order to serve water outside the City limits prior to annexation it is necessary for the City
Council to adopt a resolution (Attachment 5) declaring a surplus of water exists for pre-
annexation water service. The City has completed a calculation of the amount of water
needed for construction purposes for the finite period between construction commencement
and property annexation. It is anticipated that the development will use 1.1 million cubic feet
of water over the 760 working day construction period. This equates to an average of
10,900 gallons per day. This added demand for water during the construction period
equates to 0.0003% of our daily demand.
Also required, in order to provide water and sewer services outside of the City during
construction, is an Out of Service Area Agreement with LAFCO. The attached resolution
(Attachment 6)approves the application (Attachment 7)to Orange County LAFCO for an Out
G:\Emery\RCAs\Bolsa Chica Annexation 12-12-05.doc -3- 12l7/2005 4:58 PM
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REQUEST FOR ACTION
MEETING DATE: 12/12/2005 DEPARTMENT ID NUMBER:AD 05-19
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of Service Area Agreement to provide pre-annexation services, specifically water and sewer,
to the development.
Future Actions
Should the City Council approve the recommended action a number of additional steps will
be required prior to the annexation. It will be necessary for the City to enter into an
agreement with the County of Orange to redistribute property tax revenue based on the
master tax sharing agreement. Both the Board of Supervisors and the City Council can
accomplish this via resolution adoption. The cooperative processing agreement referred to
above will need to be approved and an agreement with the Orange County Fire Authority will
need to be executed. Additional steps required include a Zoning Text Amendment, a Zoning
Map Amendment, an Environmental Assessment and finally annexation. Each of these
steps/actions wiii be required prior to annexation. After the City approves these items,
LAFCO will take action on the annexation application that has been filed by the developer.
After annexation the City will be required to amend the General Plan and amend the Local
Coastal Program. All of these actions are to be paid via the Pre-Annexation Agreement by
the developer in an amount not to exceed $120,000.
Environmental Status: The subject agreement is exempt pursuant to Section 15061 (b)(3)
of the California Environmental Quality .Act. Environmental Impact Reports have been
certified for the proposed development and for provision of water to the subject site. The
latter environmental document, certified by the Public Utilities Commission, includes an.
alternative that analyzes the provision of water by the City of Huntington Beach.
Attachment(sl:
City Clerk's
Page Number No. Description
1. Special Conditions Outlined by the.Coastal Commission
2. County of Orange Conditions of Approval
3. Preliminary Fiscal Analysis of the. Bolsa Chica Annexation
4. Pre-Annexation Agreement between Signal Landmark and the
City of Huntington Beach
5. Resolution No.aCO✓-�� A Resolution of the City Council of the
City of Huntington Beach Declaring Water Exists for Pre-
Annexation Water Service
6. Resolution No.JeO5-7G'A Resolution of the City Council of the
City of Huntington Beach approving the application to LAFCO for
the Out of Service Area Agreement
7. Orange County LAFCO Out of Service Area Agreement
application
G:\Emery\RCAs\Bolsa Chica Annexation 12-12-05.doc -4- 1217/2005 4:58 PM
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RCA ROUTING SHEET
INITIATING DEPARTMENT: Administration/Fire Department
SUBJECT: Approve Fire Services Agreement by and between the
Orange County fire Authority and the City of
Huntington Beach for the Brightwater Development and
Approve the Assignment of the Secured Fire Protection
Agreement by and between Orange County Fire
Authority, the City of Huntington Beach and Signal
Landmark Inc.
COUNCIL MEETING DATE: September 5, 2006
RCA_ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Ap licable ❑
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached ❑
NotAp licable ❑
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorne ) Not Applicable ❑
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable ❑
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable ❑
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Ap licable ❑
Bonds (If applicable) Attached ❑
Not Applicable ❑
Staff Report (If applicable) Attached ❑
Not Applicable ❑
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable ❑
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable ❑
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FOR A E '
Administrative Staff
Assistant City Administrator (Initial)
City Administrator Initial
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
Only) Aim
(Below Space For City Clerk's Use
RCA Author: Emery
Ix� ORANGE COUNTY FIRE AUTHORITY
P.O.Box 57115,Irvine,CA 92619-7115 •1 Fire Authority Road,Irvine,CA 92602-0125
Chip Prather,Fire Chief (714)573-6000 www.ocfa.org
�r'rHoa�
October 11, 2006
Joan Flynn, City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Dear Ms. Flynn:
For your records, enclosed is a fully executed copy of the Fire Services Agreement
between the Orange County Fire Authority and City of Huntington Beach.
Sincerely,
Lydia Slivkoff
Assistant Clerk of the Authority
Enclosure
Serving the Cities of:Aliso Viejo•Buena Park•Cypress•Dana Point•Irvine•Laguna Hills•Laguna Niguel•Laguna Woods•Lake Forest•La Palma
Los Alamitos•Mission Viejo•Placentia•Rancho Santa Margarita-San Clemente•San Juan Capistrano•Seal Beach•Stanton•Tustin•Villa Park
Westminster•Yorba Linda•and Unincorporated Areas of Orange County
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