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HomeMy WebLinkAbout09 NEW FIRE STATION 03-18-08 AGENDA REPORT MEETING DATE: MARCH 18, 2008 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: CHRISTINE A. SHINGLETON, ASSISTANT CITY MANAGER SUBJECT: FIRE STATION CONSTRUCTION IMPLEMENTATION AGREEMENT FOR NEW FIRE STATION AT TUSTIN LEGACY SUMMARY: City Council approval is requested of a Tustin Legacy Fire Station Construction Implementation Agreement with the Orange County Fire Authority (OCFA). RECOMMENDATION: 1. Authorize the City Manager, or his designee to execute the attached Tustin Legacy Fire Station Construction Implementation Agreement, subject to any minor, non- substantive changes as may be necessary as determined by City staff and the City Attorney based on proposed action by the OCFA Board. 2. Authorize Tustin Legacy staff to proceed with design of the Fire Station Facility in coordination with the OCFA FISCAL IMPACT: The City of Tustin recently issued Community Facilities District (CFD) 06-1 bonds which provided construction funds for certain Tustin Legacy Backbone Infrastructure Work, including but not limited to, the Tustin Legacy Fire Station Facility. The City Council also appropriated design. funds for the Tustin Legacy Fire Station Facility utilizing CFD 06-1 construction funds as part of the Fiscal Year 2008-09 capital improvement budget process. Once a design and construction approach is developed for the Fire Station project, specific construction funding for the project will be brought back to the Council for approval, including any authorization necessary to advertise for bids. BACKGROUND: In May 2002, the Department of the Navy approved an Economic Development Conveyance of property at MCAS Tustin with the City and conveyed certain property to Page 2 the City in accordance with the Conveyance Agreement. This included a 1.25 acre parcel for use as a fire station (located at the southwest corner of Kensington Court and Edinger Avenue). The City and OCFA subsequently entered into a Memorandum of Understanding on March 7, 2005 (MOU) which set forth in general terms fundamental principles between the parties regarding the relocation and replacement of Station 37 with a new fire station at Tustin Legacy, including construction, equipping, and operation of the new fire station. As required by the MOU, the parties have now reached agreement on a Fire Station Construction Implementation Agreement. Major provisions of the Agreement (attached) can be summarized as follows: 1. The City will make available a specific 1.25 acre parcel of land for a new Fire Station Facility (at the southwest corner of Kensington Court and Edinger Avenue). The new Fire Station Facility, upon completion, will replace the current Station 37 at 14901 Red Hill Avenue. The lease will provide for a rental payment of one dollar per annum, and shall require OCFA to operate, maintain, and repair the fire station. A subsequent lease will provide additional lease terms and will be submitted to OCFA and the City Council for approval prior to completion of the Fire Station Facility. 2. The Clty shall design, construct and furnish an approximate 8,500 square foot Fire Station Facility. The definition of Fire Station Facility does not include apparatus or vehicles, including fire engines, which will be provided by OCFA. Total construction cost, excluding design, for the new fire station was not to exceed 3.2 millon dollars in 2004, adjusted for the time of construction unless otherwise approved by the City (the current cost estimate for the design and construction of the Fire Station Facility is estimated at $5.4 million). 3. The City shall submit phased plans and specifications for construction of the Fire Station Facility for approval of OCFA and CITY. Christine A. Shingleton Assistant City Manager TUSTIN LEGACY FIRE STATION CONSTRUCTION IMPLEMENTATION AGREEMENT This Agreement is made this day of , 2008, by and between THE ORANGE COUNTY FIRE AUTHORITY, ("OCFA"), a joint powers authority duly authorized under the laws of the State of California and THE CITY OF TUSTIN ("CITY"), a general law city and municipal corporation without regard to number and gender. RECITALS A. CITY is developing the MCAS Tustin Specific Plan area ("Tustin Legacy Project" or the "Project") with numerous developers which will include residential uses, a variety of commercial uses and recreational uses. B. The OCFA provides fire protection and medical aid services within the incorporated boundaries of Tustin in accordance with a Fire Services Agreement (cash contract) dated July 13, 1995, a Tustin Fire Services and Emergency Services Agreement dated July 27, 2000, and the Joint Powers Agreement creating the OCFA, approved by the Tustin City Council on February 1, 1995, amended as approved by the Tustin City Council on February 27, 1997 and on September 23, 1999, (hereinafter collectively referred to as the "JPA"). The JPA was also approved by the City of Irvine. Under the provisions of the JPA, OCFA will receive Structural Fire Fund ("SFF") revenues generated from that portion of the former MCAS Tustin within the City of Irvine. C. CITY and OCFA entered into a Memorandum of Understanding on March 7, 2005 ("MOU"), which sets forth in general terms fundamental principles among the parties thereto regarding the relocation and replacement of Station 37 with a new fire station at Tustin Legacy including construction, equipping, and operation of the new fire station. CITY and the OCFA entered into the MOU in which the CITY agreed to provide public improvements and dedications for the Project, including a new fire station facility and site ("Fire Station Facility") to replace Fire Station 37, in consideration for CITY's assurance that the CITY shall be able to complete its development as set forth in the MCAS Tustin Specific Plan. D. Initiation of the process necessary for the relocation of Fire Station 37 and the construction of the new replacement fire station at Tustin Legacy is being pursued at this time in order to comply with the MOU. It is contemplated that the CITY will thereafter lease the Fire Station to the OCFA which will operate the Fire Station pursuant to the terms of the lease. NOW, THEREFORE, in consideration of these Recitals and other considerations herein set forth, it is mutually agreed as follows: -1- 567837.1 1. LEASE OF SITE AND CONSTRUCTION OF FIRE STATION 1.1 OFFER A SITE CITY has offered a no cost lease of a 1.25 acre parcel of land ("Site") to OCFA to replace Fire Station 37 for a permanent Fire Station Facility to serve the Project. The Parties have previously acknowledged in the MOU that the Site, including location, size, and configuration has been approved by CITY and the OCFA. The Site is legally described and shown on Exhibit "A". The Site shall be used only for operation of the fire station and associated OCFA uses normally associated with a Fire Station Facility and as provided in any lease of the Site to OCFA. 1.2 DESIGN AND CONSTRUCT FIRE STATION FACILITY CITY shall design, construct, and furnish a standard permanent Fire Station Facility comprising approximately 8,500 square feet, on the Site pursuant to the following: CITY'S standards for fire stations; the Memorandum of Understanding referenced in Recitals C and D above; the OCFA Fire Station Development Guide as revised in June 2006, subject to provisions of Section 2.3 of the MOU, the Specific Plan, and all other provisions of the Tustin City Code. The term "Fire Station Facility" shall include: building or buildings; parking areas; driveways; on-site sidewalks; walls and fences; landscaping; water, sewer, gas and electrical utility lines; pipelines; transmission lines and facilities; underground fuel storage tanks; emergency generator; dispensing pumps; building equipment; furnishings; and any ancillary and incidental fixtures, structures, and improvements necessary to provide an operational Fire Station Facility, as provided for in the Plans and Specifications hereinafter defined. The term "Fire Station Facility" does not include apparatus or vehicles, including but not limited to fire engines. The CITY's responsibility shall also include, but not necessarily be limited to, providing such necessary things as requisite planning and design, engineering, obtaining all appropriate permits, inspections, grading, installing utility connections, and necessary off-site improvements. For purposes of the submittal and review authorities defined in Section 1.2 of this Agreement and its subsections below, whenever the term "OCFA' is used it shall mean the OCFA Fire Chief or designee, and when the term "City" is used it shall mean the City Manager or designee. 1.2.1 PLANS AND SPECIFICATIONS FOR FIRE STATION FACILITY CONSTRUCTION CITY shall submit to OCFA phased Plans and Specifications for the construction of the Fire Station Facility on the Site. The size of the fire station building shall be approximately 8,500 square feet. Plans shall be prepared by an architect licensed in the State of California. The four phases of plan submittals shall be: -2- 567837.1 (a) Schematic Design Plans; (b) Design Development Plans which may include a separate Interior Furnishing Plan or such plan ; (c) Interior Furnishing Plans; and (d) Final Plans and Construction Documents. The number of sets required for each submittal shall be according to current OCFA and CITY standards. Contents of each phased submittal of plans, documents, and specifications shall be as further defined in Exhibit "C" (PHASED SUBMITTALS OF PLANS AND SPECIFICATIONS). Upon receipt of each complete submittal, OCFA and CITY shall approve or reject, with detailed comments and the reasons therefor, the submitted Plans and Specifications within thirty (30) working days of receipt. If rejected, CITY shall make corrections and resubmit the corrected plans for approval before the next phase of plans is submitted. Once OCFA and CITY have approved any phased submittal of Plans and Specifications as described in Subsections (a), (b) or (c) of this Section 1.2, OCFA may not require CITY to make further alterations to the submitted and approved Plans and Specifications unless it demonstrates a substantial basis for doing so and reimburses CITY for all costs of revising the Plans and Specifications which are incurred by CITY in connection with such alterations. Notwithstanding anything contained in this Agreement to the contrary, CITY shall have no obligation to incur costs in connection with the construction of the Fire Station Facility in excess of the amount specified in Section 2.1 of the MOU, unless such amount is first approved in writing by the City. Prior to bid advertisement, the CITY shall approve the engineer's construction estimate for the project. Furthermore, once OCFA and CITY have approved the Construction Documents described in Subsection (d) of this Section 1.2.1, the parties shall not thereafter rescind, modify or add further conditions to the Construction Documents without the written consent of CITY. CITY shall furnish OCFA with copies of any proposed change orders to the Fire Station Facility within five days of initiation of any changed condition to the Fire Station Construction contract or Construction Documents, which change orders or modifications to Construction Documents shall be subject to OCFA approval if and to the extent the changes affect previous stamped Plan approvals by OCFA. OCFA shall review and respond to any change orders or request for modification of Construction Documents within five working days of receipt from CITY. 1.2.3 SITE PREPARATION The Site shall be graded and utilities installed in accordance with a grading plan prepared by a licensed civil engineer which plan has been reviewed and approved by OCFA and CITY. Review of the grading plan shall be completed within twenty-one (21) working days of receipt. Approval of said grading plan by OCFA and CITY shall not relieve CITY of the responsibility for complying with all applicable requirements and permits. CITY's grading shall include precise grading of the Site. CITY shall construct and install -3- 567837. ] all necessary utility lines, including those for sewer, water, gas, telephone and electricity, and conduits for underground television transmission cables and traffic control signals. 1.2.4 FIRE STATION ENGINE, MANPOWER NEEDS AND MISCELLANEOUS EQUIPMENT OCFA agrees that the new Fire Station Facility is a replacement of Fire Station Facility No. 37. Firefighting personnel, equipment such as a Fire Engine, and manpower needs for the new Fire Station Facility will continue to be addressed under the provisions of the JPA and Tustin Fire Services and Emergency Medical Services Agreement dated July 27, 2000, each of which as may be subsequently amended. It is contemplated that the Lease shall provide that: (i) the Orange County Fire Authority shall assume all responsibility for maintenance and repair of the Fire Station Facility and equipment during the term of the Lease consistent with any defined limits identified in the JPA; (ii) the equipment provided in conjunction with construction of the new Fire Station Facility may be used for automatic or mutual aid assistance to other counties or cities and shall be considered part of the OCFA's property inventory for purposes of maintenance, rotation, and replacement; and (iii) in the event CITY forms its own fire department in the future or contracts with an agency or entity other than OCFA, the lease shall terminate and OCFA shall, at no cost to CITY, convey to the City all of OCFA's interests in the Fire Station Facility as provided in conjunction with construction, reflecting normal wear and tear and any depreciation. 1.2.5 ADDITIONAL SUBMISSIONS FOR OCFA AND CITY REVIEW It is the present intention of the parties that the Fire Station Facility be leased to the OCFA after it is completed. Therefore, and in the spirit of compliance with the MOU, whenever CITY submits Plans and Specifications for OCFA's and CITY's review under Sections 1.2.1 hereof, CITY shall submit two (2) duplicate sets of such Plans and Specifications to OCFA for review and comment. 1.2.6 CONSTRUCTION BY CITY CITY shall cause the Fire Station Facility building and Site improvements to be constructed on the Site substantially in accordance with OCFA and CITY approved Plans and Specifications. The site plan ("Site Plan") showing precise grading and location of utilities shall be a basic plan for construction of the Fire Station Facility. The Site Plan shall be prepared by CITY and submitted to OCFA and CITY for review following execution of this Agreement. OCFA and CITY review thereof shall be completed within thirty (30) calendar days of receipt of said Site Plan. The Construction Documents (as defined in Exhibit "B" attached hereto), including working drawings, plans, specifications, and construction schedule prepared by CITY -4- 567837.1 and approved by OCFA and CITY pursuant to Section 1.2.1 (Plans and Specifications for Fire Station Facility Construction) shall be used for the construction of the Fire Station Facility. All construction work shall conform to the standards contained in the Plans and Specifications. CITY is responsible for obtaining all necessary permits and approvals from authorities of the appropriate jurisdictions and complying with all applicable building codes and construction requirements. A registered, independent Essential Facilities Building Inspector hired by CITY shall inspect the building construction in accordance with the Essential Services Code provisions. CITY hereby grants to OCFA, its agents and assigns, a right to enter the Site for inspection purposes under OCFA's responsibilities under the CITY adopted Fire Code in connection with the Fire Station Facility construction from the date of execution of this Agreement until completion of the Fire Station Facility, subject to any additional right to enter provisions that may be contained in the Lease for the Site between OCFA and CITY. Such rights to enter the Site are subject to the terms and conditions of the Entry Permit attached hereto as Exhibit "C." The determination of CITY as to conformity of construction with the Construction Documents shall be in CITY's discretion. While OCFA shall have access to the Site pursuant to provisions of this Agreement and the Lease, any and all OCFA questions regarding construction of the Fire Station Facility that do not relate to OCFA specific inspection responsibilities under the Fire Code and which relate to the work being performed on the SITE shall be directed to CITY. 1.2.7 RECORD DRAWINGS Within sixty (60) days following completion and acceptance by OCFA and CITY of the Fire Station Facility, CITY shall furnish OCFA with a complete set of Vellum or Mylar reproducibles and three sets of "Record Drawings" which are reproducible drawings marked and updated by CITY's architect during construction showing all changes from the original contract documents which are not apparent from a visual inspection of the Fire Station Facility. In addition, CITY shall furnish OCFA three sets of equipment instructions, guarantees, and warranties, as are provided by the respective manufacturers, for items installed as part of the Fire Station Facility. 1.2.8 WARRANTY PERFORMANCE City agrees to require in the construction documents a Faithful Performance Bond in the amount of 100% of the construction costs of the Fire Station Facility warranting and guaranteeing completion of the Fire Station Facility in accordance with the approved plans, as prescribed herein, and free of defects, and a Labor and Materials Bond in the amount of 100% of the construction value. The Faithful Performance Bond will be held for a period of one-year after completion and acceptance of the Fire Station Facility by OCFA and the City. Copies of the bonds will be provided to OCFA. Failure by CITY to commence corrective action within forty-eight (48) hours after personal or telephonic notice of defects, or required completion of corrective items, followed by written confirmation on deficiencies that would significantly impact the ability of OCFA to safely occupy the premises, and within thirty (30) days following written notice on other deficiencies, and thereafter to proceed diligently to cure such -5- 567837.1 deficiencies, will allow OCFA to take whatever corrective action it deems necessary. All costs resulting from such corrective action by OCFA shall be withdrawn from the posted bond covering that time period. CITY shall be required to request release of the bonds after each respective time period expires. The amount of bond proceeds withdrawn shall not be deemed a limitation upon the responsibility of CITY to carry out the terms of this Agreement. If any amount of bond proceeds remain after such warranty period, CITY shall notify the contractor and surety bond company, in writing, that obligations of the contractor have been met and any remaining surety bond can be released. 2. ACCEPTANCE OF FIRE STATION FACILITY AND SITE BY OCFA 2.1 INSPECTION AND ACCEPTANCE CITY shall expeditiously complete all buildings, improvements, and facilities for an operational Fire Station Facility pursuant to Section 1.2 and its subsections above. After construction is completed, the Fire Station Facility shall be inspected for approval of construction by OCFA and CITY. The standards to be applied in approving the Fire Station Facility construction shall be as follows: (a) CITY has constructed the facility substantially in accordance with the Plans and Specifications approved by CITY and OCFA; and (b) The work has been completed in a good and workmanlike manner; and (c) The facility complies with applicable government requirements including building codes, regulations, restrictions, permits and approvals from authorities of the appropriate jurisdictions. 2.2 APPROVAL OF CONSTRUCTION Approval of construction shall not be unreasonably withheld. Upon approval of construction, CITY shall promptly issue a Notice of the Commencement of the Lease with OCFA which leases the Site and the Fire Station Facility and related equipment and furnishings to OCFA. 3. ADDITIONAL REQUIREMENTS 3.1 MAINTENANCE OF THE SITE CITY shall maintain the Site in good and safe condition until a Notice of Commencement of the Lease is issued to OCFA. Maintenance of the Site during the Lease term shall be in accordance with the Lease. -6- 567837.1 3.2 INDEMNIFICATION OCFA shall indemnify, defend, and save harmless CITY, its officers, directors, consultants, agents, and employees, from and against any and all claims, demands, losses, or liabilities of any kind or nature which CITY, its officers, directors, consultants, agents, and employees may sustain or incur or which may be imposed upon them, or any of them, for injury to or death of persons, or damage to property as a result of, or arising out of, the negligence or willful misconduct of OCFA, its officers, agents and employees, in connection with this Agreement except to the extent caused by the acts or omissions of CITY. Likewise, CITY shall indemnify, defend, and save harmless OCFA its officers, directors, consultants, agents, and employees, from and against any and all claims, demands, losses, or liabilities of any kind or nature which OCFA, its officers, directors, consultants, agents, and employees may sustain or incur, or which may be imposed upon them, or any of them, for injury to or death of persons, or damage to property as a result of, or arising out of, the negligence or willful misconduct of CITY, its officers, agents and employees, in connection with this Agreement, except to the extent caused by the acts or omissions of OCFA. 3.3 UTILITIES CITY shall be responsible for and pay, prior to delinquency date, all charges for utilities supplied to the Site until a Notice of Commencement of Lease is issued to OCFA. Charges for utilities during the Lease term shall be paid in accordance with the Lease. 3.4 ASSIGNING, SUBLETTING, AND ENCUMBERING PROHIBITED CITY may, at its discretion join and associate with other entities and joint ventures, partnerships, or otherwise, for the purpose of performing its obligations under this Agreement, except that the rights and obligations of CITY under this Agreement may not be transferred or assigned by CITY unless the written consent of the OCFA is first obtained, which consent OCFA agrees not to unreasonably withhold. The development rights for specific areas may be assigned to successors in interest in the ordinary course of CITY's business. However, CITY shall still remain bound by all the obligations of this Agreement, other than all obligations assumed by CITY's assigns (which assigns have been previously approved by OCFA pursuant to this Section 3.4) or imposed upon real property so conveyed and obligations imposed upon issuance of building permits for improvements within such parcels of real property. Nothing in this paragraph shall be deemed to prohibit or require OCFA approval of the City entering into any design, construction management, or construction agreement reasonably necessary for the performance of the CITY's obligations under this Agreement and the provision of bonds or other security or insurance that guarantees or secures performance of each contractor or subcontractor there under, including without limitation performance bonds, labor and material bonds, or general liability or errors and omissions policies of insurance. 4. FIRE STATION FACILITY LEASE AGREEMENT It is contemplated that CITY and OCFA shall, prior to completion of the Fire Station Facility, enter into arent-free lease agreement with provisions including, but not limited to: (i) for use of -7- 567837.1 the facility by OCFA to provide fire and emergency services to CITY consistent with the JPA, (ii) that OCFA shall assume responsibility for operation and routine maintenance of said facility during the term of the lease agreement; and (iii) the provisions outlined in Section 1.2.4 above. 5. GENERAL PROVISIONS 5.1 TIME Time is of the essence as to this Agreement. 5.2 AGREEMENT ORGANIZATION The various headings and numbers herein, the grouping of provisions of this Agreement into separate sections and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be considered otherwise. 5.3 AMENDMENTS Any modification of this Agreement must be written and properly executed by both parties. 5.4. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE If either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of nature, restrictive governmental laws or regulations, or other cause without fault and beyond the control of the party obligated (financial inability excepted), performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. 5.5 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. 5.6 WAIVER OF RIGHTS The failure of CITY or OCFA to insist upon strict performance of any of the terms, covenants, or conditions of this Agreement shall not be deemed a waiver of any right or remedy that CITY or OCFA may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of this Agreement thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of this Agreement. 5.7 DISPOSITION OF ABANDONED PERSONAL PROPERTY After issuance of a Notice of Commencement of Lease and acceptance of the Site by OCFA, title to any personal property belonging to CITY or claiming under CITY and left on the Site shall be -8- 567837.1 deemed to have been transferred to OCFA. OCFA shall have the right to remove and to dispose of such property without liability therefor to CITY, or to any person claiming under CITY, and shall have no need to account therefor. 5.8 PERMITS, LICENSES AND APPROVALS CITY shall be required to obtain any and all approvals, permits, and licenses which may be required in connection with the construction of the Fire Station Facility as set out herein. Where CITY is required by reason of law, ordinance or regulation to obtain review and approval from officers, employees, or agents of CITY and/or OCFA, each of those reviews shall be conducted in an independent manner and nothing contained herein shall be deemed to limit the jurisdiction or authority otherwise possessed by said officers, employees, or agents in the conduct of such review. The reasonable failure to issue any such approval or permit by any officer, employee or agent of CITY and/or OCFA shall not be deemed in any manner a breach of this Agreement by CITY and/or OCFA, nor shall any such reasonable denial give rise to any claim, liability, obligation, or cause of action with respect to this Agreement. Should any variance occur in requirements imposed on CITY by various CITY and/or OCFA officers, employees, and agents during independent reviews, CITY agrees to resolve such inconsistencies internally so as not to place undue hardships on CITY and/or OCFA. 5.9 NOTICES All written notices pursuant to this Agreement ("Notices") shall be addressed as set forth below or as either party may hereafter designate by Notice and shall be sent registered mail, return receipt requested via the United States Postal Service, or made by personal delivery. TO: CITY City of Tustin 300 Centennial Way Tustin, CA 92780 ATTN: City Clerk Copy to: City Attorney and City of Tustin 300 Centennial Way Tustin, CA 92780 ATTN: City Manager's Office TO: OCFA Orange County Fire Authority 1 Fire Authority Road Irvine, CA 92602 ATTN: General Counsel and Battalion Chief, Strategic Services Section and Orange County Fire Authority 1 Fire Authority Road Irvine, CA Newport Beach, CA 92602 ATTN: Fire Chief All notices provided for herein shall be deemed effective upon receipt if personally served or 48 hours after being sent registered mail, return receipt requested, postage prepaid via the United States Postal Service. -9- 567837.1 5.10 ATTACHMENTS TO AGREEMENT This Agreement includes the following exhibits which are attached hereto and made a part hereof: A. Site Exhibit and Site Legal Description; B. Phased Submittals of Plans and Specifications; C. Entry Permit; 5.11 CONSISTENCY OF AGREEMENTS. This Agreement, the MOU and the JPA shall be construed together and interpreted, whenever reasonable to do so, in a manner that avoids conflicts and inconsistencies, while giving effect to the intentions of the parties to the agreements. In the event of an inconsistency between this Agreement and the JPA, the JPA shall prevail. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. OCFA ORANGE COUNTY FIRE AUTHORITY Fire Chief APPROVED AS TO FORM: Fire Authority Attorney CITY CITY OF TUSTIN City Manager APPROVED AS TO FORM: City Attorney - 10- 567837.1 EXHIBIT "A" SITE EXHIBIT AND LEGAL DESCRIPTION 567837.1 EDINGER AVE. N49'20'4s"W 2933.94' 0 I 1° ~ N49'20'45"W 71.98' N49'20'45"W 201.15' I T.P.0.8 PCL I-H-5 ' ' " b N04 41 20 W ~ 36.76' `~ N40'39'15'E i N 102.25' P I ARCEL I-H-S ~ 1.25 AC. o X04'27'23" ~ u' N N W in PARCEL I-H-5 5420.41' -- 2475.30' - I N~~ vii R=1446.04' 46' L=11Z.4T ~ N I ~~ S49'20'44'E 230.85' o~D N53'48_OB`'M- (RAO~ _ I CONTROL LINE "E" ; N N -~ I JRY1J`1J;'8 uU~D1y1~iJ01`1 i F~LOCJt ~B - Orl" 70 ~ JvJ.F~.M. 1/as BLOC}t ( ~B LOT Bg ~ LOT 70 ~ N W S\ONAL LAA/p 1^ W * LS sB.is * iC E7(PY,tES: 9/30/D~ .1'p ~ ~P _ ~ A~OF (`gIVF~~a ,APPFiQVEQ ©Y QATE ~ -(D- o `~ SCALE: 1'=100' SEE SHEET 1 OF 2 DESCRIP110N: PARCEL 1-H-S (PORTION OF REUSE PLAN DI9POSI710N 917E 24) 8~T Y OF P SCALE 1'~100'- PSOMAS H`~'~ MCAS-TUSTIN~:~~~ DATE APRq.2002 frYHG# ,~ d e >~ W ~~ ~ ~n a W np °~.° m W ~v1 N w. YN O = n~ ao'~' Z 2 ~ N o O _ ~ W I ~ N ^~ m O. ~O I W Z G ce J O ~/ ~ ^ N li.l W U W a ? a W V ~' N N- D 7 I ^~ H O C ~ N~ N of ~N ~ v N ~^ = N ~ ^ ~ N ~ ! "' Z G(CJ d ~ ~ [,L o ~j~~ z N a t/1 O ~D 1 ~C ~y n a ~ Y^ 10 ^ LP o ^ ono Q LO B ~ r o c n '~ a''~n p ~ .C • o r i~ Cn T ~ °~ N ~J~ ~ ~ 01 N Z J N u~7 N m t.~ ~ ~ S °n~l a''~ p ~~~\ ? C4 C 1¢ ~ z ul N ~ _ ~c+ ~ ~ .~, Z ~s W ~ ~. ~ ~~ o N n }~ ^ i C a ~ ~- I +rn~ 1 ~ N N d~O~ ~' M a"~~ +g ~_ ^^ J W O O Mh O a s I~ F o 0 W M Q W p N n ~ w d N N'.~ 7 _j 00 B 0 M U ~ ~~ G ~ ~ ~ ~ ^ 3 O ^ ''~ i. N Z ~ v ddd a ^ z E~ bin p i ~ 540 ~ •• ~ N40'37'39'E VCIA r DESCRIPTION: PARCEL 1-N-S (POR7R7N OF REUSE PLAN DISPOSI710N SIiE 24) 81'fff 1 CIF 2 SCALE 1' ~ 500' ~ M P S O M A S ~;E K~ off` EAr! DAiE APRH.2002 ~ MCAS-TUSTIN ~'~M~~ ~ GAr Mw GI /!X ,IOg ~Q~'~ ~~M'~ NUM~R 2TU50/0300 72 P S O MAS Legal Description Exhibit "A" Parcel I-H-S (Portion of Reuse Plan Disposition Site 24) In the City of Tustin, Cotmty of Orange, State of California, being that portion of Lot 70 in Block 46 of Irvine's Subdivision as shown on the neap filed in Book 1, Page 88 of Miscellaneous Record Maps, and as shown on a map filed in Book 165, Pages 31 through 39 inclusive, of Records of Survey, all of records of said County, described as follows: For the purpose of this description the following Control Line is hereby established: Control Line "A" Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of Valencia Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue having a bearing of North 40°38'29" East between Valencia Avenue and Edinger Avenue; thence South 49°20'07" East 106.23 feet to the beginning of a curve concave southwesterly having a radius of 1400.04 feet; thence southeasterly along said curve 134.49 feet through a central angle of 5°30' 14"; thence South 43°49'53" East 101.77 feet to the beginning of a curve concave northeasterly having a radius of 1400.04 feet; thence southeasterly slang said curve 134.40 feet through a central angle of 5°30'01"; thence South 49°19'54" East 586.96 feet to the begituung of a curve concave northeasterly having a radius of 1400.04 feet; thence southeasterly and easterly along said curve 733.69 feet through a central angle of 30°01'33"; thence South 79°21'27" East 1357.63 feet to the beginning of a curve concave southwesterly having a radius of 1400.04 feet; thence easterly at~d southeasterly along said curve 733.34 feet through a central angle of 30°00'42"; thence South 49°20'45" East 766.61 feet to a Page 1 of 3 M: 2TU501.0500'~swveyuegalsUegal-parcel_I-I3-S .doc Last printed 5/3/U2 7:U3 PM PSOMAS Legal Description Exhibit "A" Parcel I-H-S (Portion of Reuse Plan Disposition Site 24) point hereinafter referred to as Point "B", said point being the intersection of Control Line ":C" and said Control Line "A". Control line "E" Begimung at the hereinabove described Point "B"; thence North 40°39' 15" East 278.34 feet to the beginning of a curve concave northwesterly having a radius of 1400.04 feet; thence northeasterly 285.50 feet along said curve through a central angle of 11 °41'02"; thence North 28°58' 13" East 453.89 feel to the beginning of a curve concave southeasterly leaving a radius of 1400.04 feet; thence northeasterly 285.50 Feet along said crtrve through a central angle of I 1 °41'02"; thence North 40°39' 15" East 216.25 feet to a point on the centerline of Edinger Avenue, said point lies South 49°20'45" East 2933.94 feet from the northwesterly terminus of that certain course shown as "North 49°20'45" West 5409.24 feet" in said centerline of Edinger Avenue as shown on said recprd of survey. Parcel I-II-S Beginning at the intersection of the centerline of Edinger Avenue with Contxol Luce "E", the centerline of Edinger Avenue Bears North 4.9°20'45" West as shown on said Record of Survey; thence South 40°39'15" West 88.00 feet along said Control Line "E" to a line that is parallel with aid 88.00 feet southwesterly of said centerline of Edinger Avenue; thence North 49°20'45" West 71.98 feet to the TRUE POINT OF BEGINNING; thence continuing North 49°20'45" West 201.15 feet; thence leaving said parallel Line South 40°29'47" West 240.60 feet; thence South 49°20'44" East 230.85 feet to the beguuiing of a Page 2 of 3 M:12'rtJSO i OS OOlsurvey\le gals\legal-parcel_1-1-1-5 . doc Last printed 5/3/U2 7:03 PM PSOMAS Legal Description Exhibit "A" Parcel I-H-S (Portion of Reuse PIan Disposition Site 24} non-tangent curve concave southeasterly having a radius of 1446.04 feet, being concentric with and 46.00 northwesterly of said Control Line "E", a radial line to said beginning of curve bears North 53°4$'08" West; thence northeasterly 112.47 feet along said concentric carve througl2 a central angle of 04°27'23" to a line that is parallel with and 46.00 feet northwesterly of said Control Line "E"; thence North 40°39'15" East 102.25 feet along said parallel line; thence North 04°20'41" West 3G.76 feet to the TRUE POINT OF BEGINNING. I Containing 54,397 square feet or 1.25 acres, more or less. As shown on Exlubit `B" attached hereto and by this reference made a part hereof. Prepared under my supervision Walter A. Sheek P.L.S. 4838 Date Expires:9/30/2004 Page 3 of 3 M:\2TUSOl U5001sm-vey\IegalsUegal-parcel_I-H-S.doc Last printed 5/3/U2 7:03 PM EXHIBIT "B" PHASED SUBMITTALS OF PLANS AND SPECIFICATIONS (1) Schematic Design Plans CITY shall submit to OCFA and CITY "Schematic Plans" for construction of the Fire Station Facility on the Site in accordance with the requirements of this Agreement. Schematic Plans shall include: (a) A site layout showing uses, buildings, parking, vehicular and pedestrian access, landscape development, drainage, and other features; (b) Schematic floor plans of all structures, simple elevations of buildings, and architectural theme; (c) A general outline of specifications indicating materials and methods of construction; (d) A detailed geotechnical investigation report prepared by a licensed geotechnical engineer showing recommendations for site excavation, site backfill, building and structure foundations, building slab and site paving; (e) A preliminary site grading plan and details prepared by a licensed civil engineer showing facilities, locations and site drainage. (2) Design Development Plans After approval by OCFA and CITY of Schematic Plans, CITY shall submit to OCFA and CITY "Design Development Plans" for construction of the Fire Station Facility on the Site in accordance with the requirements of this Agreement. Design Development Plans shall consist of: (a) A detailed site plan showing all improvements planned for the Site. This plan shall show ingress and egress to and from the fire station building, the building in relation to setbacks and streets, parking, location of all utilities, and type of utility connections, location of signage, drainage plan, finish grade elevations, and locations of all facilities; (b) Floor plans, elevations, and sections of all structures; (c) Preliminary landscape development plans prepared by a licensed landscape architect with horticulture palette and irrigation plans; (d) Structural drawings prepared by a licensed structural engineer showing proposed 567837.1 foundation and framing systems; (e) Mechanical plans prepared by a licensed mechanical engineer showing the location of major electrical equipment, internal duct layout with zones and thermostats, and sources and routing of utilities (including meter locations); (f) Electrical plans prepared by a licensed electrical engineer showing lighting layout panels and switch gear, location of electric and communications outlets, and electrical service source and routing including meters and transformers; (g) Suggested exterior color scheme and finishing materials; (h) Colored rendering (contemplated to become the property of the Orange County Fire Department); (i) Complete outline specifications to cover all phases of the work; (j) A detailed, preliminary cost estimate of all improvements in a form approved by CITY; (k) Preliminary construction schedule in a form approved by CITY; (l) A fire sprinkler piping plan to include pipe sizes and fire sprinkler head locations; (m) An emergency communications plan to show all emergency communications equipment as required in the County of Orange Fire Station Design Guide. (3) Interior Furnishing Plans As part of the design development phase, CITY shall submit an interior furnishing plan to show type, color, location, and quantity of furniture for the fire station building. The plan shall also show the location, type and model of all appliances. (4) Construction Documents After approval of Design Development Plans by OCFA and CITY, CITY shall submit to OCFA and CITY "Construction Documents" and architects final cost estimates, based on a material take-off from construction documents in a form approved by the OCFA and CITY, for construction of the Fire Station Facility. Construction Documents shall consist of the following: (a) Complete architectural, landscape, and engineering working drawings; (b) Complete specifications; (c) Construction schedule; 567837.1 (d) Complete plans for structural, mechanical, HVAC, electrical, communication and alarm systems. (5) Closeout Requirements Prior to issuance of a Notice of Commencement of Lease to OCFA for the Fire Station Facility, OCFA shall submit to CITY the following: (a) Systems Start-up Criteria; (b) Completion Submittal Criteria; (c) Final Walk-through Criteria. 567837.1 EXHIBIT "C" ENTRY PERMIT ISSUED TO: Orange County Fire Authority ATTN: Tustin City Manager's Office, 1 Fire Authority Road Public Works Department and Irvine, CA 92602 Community Development Department Permission is hereby issued to you (hereinafter referred to as "Permittee") to enter upon the property of the City of Tustin (the "CITY"), subject to the following conditions: 1. Area: This Entry Permit ("Permit") is limited to the area depicted on Exhibit "A" (the "Site"). 2. Purpose: This Permit is limited to the following purpose: Observing all aspects of progress during the construction of replacement Tustin Fire Station No. 37 at Tustin Legacy. 3. Dates: This Permit is limited to, and shall be effective between, the following date(s): From the date the Tustin Legacy Fire Station Construction Implementation Agreement is executed by Permittee until issuance by CITY of a Notice of Commencement of Lease to OCFA for said Fire Station Facility is accepted by Permittee. 4. Number of Persons: This Permit is limited to a maximum of 15 designated persons at any given time. 5. Special Requirements: City shall post a copy of this Permit in the City's trailer or other facility maintained on the Site and Permittee will use reasonable efforts to have a copy of this Permit carried by any Permittee employees or representatives entering the Site. 6. Rights and Responsibilities: Permittee's rights and responsibilities under this Permit are, and shall be subject to, and Permittee shall comply and shall cause its employees, officers, agents and representatives (collectively "Permittee's Representatives") to comply with the following: (a) Personal Supervision: Each person entering upon the Site shall be accompanied by City personnel or authorized agents of the City. (b) Compliance with Rules: Each person entering the Site under this Permit shall be considered to be acting as Permittee's agent, and all such persons shall enter the Site at their own risk and shall not light any fires (except in areas specifically designated in writing by the CITY), shall not carry firearms onto the Site or any other property of the CITY, and shall otherwise comply with any and all 567837.1 instructions and directions of the authorized agents of the CITY. If entering upon property that is fenced and locked, contact The City of Tustin, Redevelopment Agency Tustin Legacy Site Manager, on each separate occasion at (714) 573- 3116. With other questions, please call Tustin's Assistant City Manager at (714) 573-3107. (c) No Duty to Warn: The CITY shall have no duty to inspect the Site and no. duty to warn any person of any latent or patent defect, condition, or risk that might be encountered in the exercise of the rights granted herein. (d) No Food or Beverages: No person shall sell or otherwise provide any tickets, food, beverages, or other items to anyone who is not directly affiliated with, or a personal guest of, the organization to whom this Permit has been issued for the purpose described above. Furthermore, no person shall sell, serve, distribute, or give any alcoholic beverages to ANYONE (unless specifically agreed to in writing by the CITY and, where applicable, proper evidence of liquor liability insurance has been received by the CITY). (e) Third Party Damage or Iniury: Except as otherwise set forth in the Tustin Legacy Fire Station Construction Implementation Agreement, the CITY shall not be liable for any damage of any kind whatsoever to property belonging to or used by Permittee, or any persons entering upon the Site under this Permit, including loss of use of any such property, or for any injury of any kind whatsoever to any person entering upon the Site under this Permit arising from any cause whatsoever, and Permittee hereby waives all claims and demands relating thereto. (f) Liability Insurance: Permittee shall be permitted to self-insure pursuant to a general self-insurance plan approved by the OCFA Board of Directors. Permittee represents and warrants that: (i) it is a member of a Joint Powers Agency that provides an excess insurance pool for amounts above Permittee's self-insured retention of $250,000 per occurrence and (ii) Permittee currently maintains a reserve for risk management expenses in excess of $1,000,000. At CITY'S request from time to time, Permittee shall provide CITY with written confirmation of self-insurance upon the terms, and in the amounts, specified in this Subsection 6(f). Permittee shall notify CITY prior to the Permittee's withdrawal from the Joint Powers Agency (or any other co-insurance entity) or upon any material negative change in (i) Permittee's self-insurance policy or (ii) ability to maintain coverages in the amounts specified in this Subsection 6(f). Failure by the CITY to obtain from Permittee evidence of any insurance required hereunder shall not constitute a waiver of the requirement for such insurance. Nothing in this subsection shall limit Permittee's obligations under the other provisions of this Permit. (g) Entry Fee: There shall be no entry fee charged to Permittee for the access to the Site during the term of the Permit. 567837.1 (h) Miscellaneous: The obligations and liabilities of Permittee under this Permit shall survive the termination or expiration of this Permit and shall not be affected by, or diminished in any way by, the existence (or lack thereof) of other entry permits or entry agreements covering all or a portion of the Site. Permittee acknowledges that neither the CITY, nor an employee, consultant, agent or representative of the CITY has made representations or warranties concerning the condition of the Site during construction. All powers, rights or remedies of the parties to this Permit shall be cumulative with, and not exclusive of, any powers, rights or remedies otherwise available at law or in equity. The rights and obligations of the parties under this Permit shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the City and Permittee have entered into this Entry Permit as of CITY CITY OF TUSTIN By: PERMITTEE ORANGE COUNTY FIRE AUTHORITY By: 567837.1