HomeMy WebLinkAboutOB 6 JT. PWR AG 11-06-89TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT.
JOINT POWER AGREEMENT
RECOMMENDATION
It is recommended that the City Council approve the attached Joint
Power Agreement and authorize City Attorney to make minor changes
if needed.
BACKGROUND
The City Council at a meeting on October 2nd and October 16, 1989
continued discussion on this matter pending concurrence by each
City on the proposed Joint Powers Agreement creating the Tustin-
Santa Ana Transportation System Improvement Authority.
Several meetings with Council sub-committees of each City and staff
from each City have.been held in an effort to reach agreement over
the last 30 days. At this time, City of Tustin staff believe that
the attached Agreement addresses all Tustin and Santa Ana concerns
and have requested that Santa Ana agendize and approve the
Agreement on November 6th. While we have not been contacted by
Santa Ana as of the time of writing of this report as to the
· acceptability of the final draft, we would recommend that the
Tustin City Council approve the Agreement since the November 6th
meeting will be the last regular Tustin Council meeting that the
city would have to approve the Agreement before a lawsuit would
have to be filed on the Birtcher-Xerox project. Staff and the City
Attorney will be prepared to discuss the potential litigation
issues with the Council in closed session.
Christine A.
Director of Community Development
CAS:kbc
JOIN~' .,' 'CISE OF POWERS AGREEMEA. 'TWEEN ................
THE CIT~ .~ SANTA ANA AND THE CITY TUSTIN
CREATING THE TUSTIN - SANTA ANA TRANSPORTATION
SYSTEM IMPROVEMENT AUTHORITY
THIS AGREEMENT, dated for convenience as of , is
made and entered into by and between the CITY OF SkNTA ANA
(hereinafter referred to as "Santa Ana") and the CITY OF TUSTIN
(hereinafter referred to as "Tustin"), municipal corporations of
the State of California.
W-I-T-N-E-S-S-E-T-H
A. The areas designated as A and B in Exhibit A, attached
hereto and incorporated herein by reference are comprised partly
of territory of Santa 'Ana and partly of territory of Tustin.
Said areas are designated "Transportation System Improvement
Program" ("TSIP") areas and are hereinafter referred to as TSiP
Area A and TSIP Area B, or collectively as the TSIP Areas. Due
to development within said TSIP Areas, they are in need of major
transportation system improvements.
B. Santa Ana and Tustin are each empowered by law to expend
public moneys on such transportation system improvements as they
determine to be appropriate.
C. Santa Ana and Tustin are of the opinion that the TSIP
Areas require a comp~hensive program for areawide transportation
system improvements, including their joint participation in the
establishment of priorities and in the funding of improvements.
D. Santa Ana and Tustin propose to impose or increase fees
on developments occurring within their respe¢~i~portions-o£~the'~-n~3'
TSIP Areas, the revenues from which toi~'-~u~ed solely fo
Recitals:
areawide transportation system improvem~,~ts within each
respective TSIP area. ~-' .......... - ~
E. Santa Ana and Tustin do now desire to establish a joint
powers agency to establish and .maintain a transportation system
improvement program for the TSIP Areas to identify needed
transportation system improvements and their appropriate
priority, determine appropriate development fees, and control the
expenditure of development fees for areawide transportation
system improvements which benefit the TSIP Areas.
WHEREFORE, the parties hereto do hereby agree-as follows:
1. Purpose
This 'Agreement is made pursuant to the provisions of Article
1, Cha~ter 5, Division 7, Title 1 of the Government Code of the
State of California (commencing with Section 6500, hereinafter
called "Act") relating to the joint exercise of powers to public
agencies. Santa Ana and Tustin each possess the powers referred
to in the recitals hereof. The purpose of this Agreement is to
exercise such powers by jointly developing and maintaining a
program for transportation system improvements in each TSIP Area,
for determining appropriate developer fees, and controlling the
expenditure of development fee revenues for areawide
transportation improvements which benefit the respective TSIP
Area. The foregoing purposes will be accomplished and common
powers exercised in the manner hereinafter set forth.
2.
Transportation System Improvement Authority
A. Creation of Authority
Pursuant to Sections 6506 and 6507 of the Ac%~' there is
hereby created a ~, ic entity to be known'
Ana Transportation System Improvement Authority" (hereinafter
called the "Authority"). Said Authority shall be a public entity
separate and apart from .the parties hereto. Its debts,
liabilities and obligations shall not constitute debts,
liabilities or obligations of the parties hereto.
The Authority shall have the power in its own name to do any
of the following'
(1) To exercise jointly the common powers of the City of
Tustin and City of Santa Ana in studying and planning
ways and means to provide for the planning and
financing of areawide circulation improvements
recommending imposition of development fees and
prescribing the payment and expenditure of such
development fees revenues.
(2) To make and enter into consultant agreements in order
· to obtain the services of professional consultants to
assist the Authority in its exercise of powers of the
Authority.
(3) To' appoint agents.
(4) To incur debts, liabilities, or obligations subject to
limitations herein set forth.
(5) To receive gifts, contributions and donations of
property, funds, services and other forms of financial
assistance from persons, firms, corporations and
governmental entities.
(6) To sue and be sued in its own name.
(7) To apply for an appropriate grant or grants under any
federal, state, or local programs for assistance in
developing any of its programs.
(8) To adopt rules, regulatkons, policies, by-laws and
procedures governing the operation of the Authority.
(9) To the extent not herein specifically provided for, to
exercise any powers in the manner and according to the
methods provided under applicable laws.
B. Governing Board ' - ~ _L~_'~.'_'
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· The Authority shall be administered by a gover'ning'
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board of four (4) lng members. The city c :ils Df Santa Ana
and Tustin shall each select, from among their members, two-
(2) voting members to serve on the governing board of the
Authority. The Mayor and Vice-Mayor Pro Tem of a party hereto
shall be deemed to be selected by the city council of such party
unless such city Council makes a different selection. The city
council of each party hereto shall also select one or more
alternates from among their respective members, who may serve as
voting members of the authority in the absence of the primary
members. Each voting member of the governing board of the
authority shall serve at the pleasure of the city council which
selected such member. The voting members may select a fifth (5th)
member to serve on the Board of Directors. The fifth voting
member may be removed at any time by a.majority vote of the other
voting members, The parties agree to instruct and direct their
respective representatives to vote and take ~ther appropriate
actions to carry oUt the intent and purposes of this agreement.
The City Manager, or his or her designated
reDresentative, of each party shall be an ex officio non-voting
member of the Authority. He or she shall be entitled to
participate in the deliberations of the governing board of the
Authority to the same extent as the voting members of that board
but shall not be entitled to'make~' ~econd or vote on motions.
C. Meetings of the Governinq Board
(1) Regular Meetings
The governing board of the Authority shall provid~"'fOr
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the date,..time and place of its regular ~e~i~? pr0Vided"'it
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shall hold at least one regular meeting in-each three (3~ 'm°n~h-''''~--
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(quarterly) perioa Jf each calendar year. ~ date, time and
place of regular meetings shall be fixed by-=resolutionm--~f the
governing board and a copy of such resolution. shall be filed with
each party hereto.
Until such time as-the date, time and place of regular
meetings is otherwise established by the governing board, regular
meetings shall be held at the City Hall of the host city ~(as
hereinafter defined) on the 4th Thursday of the months of
January, April, July and October at 4'00 p.m. The first meeting
of the governing board shall be held on the date listed above
which first occurs following the effective date of this
Agreement.
(2) Ralph M. Brown Act
Ail meetings of the g~verning board of the Authority
shall be called, noticed, held and conducted in eccordance with
the provisions of the Ralph M. Brown Act (commencing with section
54950 of the Government Code.) .
(3) Minutes
The Secretary of the Authority shall cause to be kept
minutes of the meetings of the governing board, and shall, after
each meeting, cause a copy of the minutes to be forwarded to each
member of the governing board.
(4) Quorum and Vote. Requirements
Three (3) voting members shalI be required to be
present at the meeting to conduct any businesms or take any
action. Each city shall use best efforts and-~~cis~ good'faith
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tO send two (2) voting 'members to every m~e~i~~ ~ks'-~han ~a
quorum may adjourr 'o~ time to time. ~' No mo~ '-shali-~-deemed
carried unless it receives the affirmativ~ vote of at least three
(3) voting members.
D. Officers
(1) "Host City" Defined
Each party hereto shall be the "host city" ~nder this
Agreement in alternating calendar years. Tustin shall be the
host city until the end of the 1990 calendar year.
(2) Chairperson
Unless otherwise provided by the governing board, the
Mayor of the host city shall be chairperson of the governing
board. The Chairperson of the governing board shall preside at
its me~tings and shall perform such other duties as are specified
by the governing board.
(3) Vice Chairperson
Unless otherwise provided by the governing board, the
Mayor of the non-host city shall be Vice Chairperson of the
· governing board.
(4) Secretary
The Secretary of the Authority shall be ~esignated by
the City Manager of the host city from among the officers and
employees of the host city. The Secretary shall be responsible
for the minutes and other records of th8 governing board and
shall perform such other dutie~ as are specified by the governing
board. Upon the conclusion of each calendar--~ear, the Secretary
for the past calendar year shall transfer all documents ±n~hi-s
her custody pertaining to the business of ~he ~U-thOrit~'~'~to the
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Secretary for the next calendar year. - ..... ~-_~r? ~.~
(5) Treasurer
The Treasurer of the Authority shall be
financial officer of Santa Ana. The Treasurer shall be the
depository and have custody of all the money of the Authority,
from whatever source. The Treasurer shall also be the auditor-
controller of the Authority.
The Treasurer shall:
(a) Receive and receipt for all money of the Authority
and place it in the treasury of Santa Ana to the credit of the
Authority.
(b) Be responsible upon his or her official bond for
the safekeeping and disbursement of all Authority money so held
by him or her.
(c) Pay sums due from the Authority from Authority
money as approved by the governing body.
(d) Verify and report in writing on the first day of
July, October, January and April of each year to the Authority
and to each party hereto the amount of money he or she holds for
the Authority, the amount-of receipts since his or her last
report, and the amount paid out since his last report.
(e) Cause an annUal audit of the accounts and records
of the Authority to be made (except that audits may be made on
the basis of a two-Year period if unanimously approved by the
governing board). The minimum requirements of the audit 'shall be
those prescribed by the. State Controller for special districts
under Section 26909 of the Government Code--andl-s~alil~conform~tO
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'generally accepted auditing 'standards. ~,-~-~
3. Disposi' ~ of Transportation
Improvem=,~t Development Fees
(a) AS used herein, "development fee" means a- fee
imposed and paid to the Authority on any development (as
hereinafter defined) occurring within TSIP Areas A or B, the
expenditure of such fee revenues being limited to areawide
transportation system improvements benefiting such TSIP Area.
Until such time as the parties hereto change their development
fee to the levels to be recommended by the Authority pursuant to
section 4C of this Agreement, each party shall adopt and maintain
ordinances and/or resolutions imposing development fees as
follows' In Santa Ana, the minimum fee for TSIP Area A shall be
$4.52 per square foot of gross floor area for any development,
and the minimum fee for TSIP Area B shall be 2% of the cost of
conStruction for any development. In Tustin the minimum fee for
Area A shall be 2% of the cost of construction for any
development and the minimum fee for Area B shall be an amount per
square foot of gross floor area for any development, which amount
shall be S2.60 for commercial/office development, S!.80 for "R &
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D" development, and S1.00 for industrial development. The
parties hereto agree to have ordinances and/or resolutions
conforming to the foregoing in place by January 1, 1990. At such
time as the parties hereto receive recommended fee levels from
the Authority pursuant to section 4C of this Agreement, each
party shall adopt or amend its ordinances and/or resolutions to
impose development fees _in accordance with such recommendation,
except that a party shall not be 9bligat~L'to 'adopt' a":fee
recommended by the Authority if it determin~-ln'~'~o6d'faith'th~t
the fee recommend 3y the Authority iS wh~' unreasonable and
not reasonably calculated to impose developer's fees commensurate ..........
with the proportionate contribution which should be required of
each development or class of development for areawide traffic
impacts in its TSIP Area based on (a) transportation system
improvements required to mitigate traffic impacts of all ultimate
developments within each TSIP Area and the cost thereof, and (b)
the proportion of contribution toward the total areawide traffic
impacts of particular developments or classes of development, in
which case the party making such determination shall submit its
reasons for such a determination to the Authority and the
Authority shall review its recommendation in light of such
reasons and revise or reaffirm its recommendation. Nothing
herein shall be construed to limit either party from amending any
development fee ordinance and/or resolution to clarify its terms'
or bring it into compliance with applicable law.
(b) Except as otherwise provided by subsection (7) of
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this section, from and after the date of execution of this
Agreement, any and all development fee revenues collected by
either party hereto on account of any development (as hereinafter
defined) located within the TSIP areas shall be Authority money
from the time of its collection and shall be transmitted by the
collecting party to the Treasurer for deposit to the credit of
the Authority.
(c) The Treasurer of the Authority shall maintain such
fee revenues in TSIP Area A and TSIP Area B acccunts'~parate' '~n~TM ....
apart, from all other moneys in his or her ~0d~'C~s~ch ~Sneys'~'~''~''~'-'-= '
may be invested in the same manner and ~'kUbj'e~t~'to'~'the7 s~me-i~e .~ ....
limitations as mu~ =pal funds in the custod ~f the Treasurer.
Any and 'all interest accruing on such deveIO, pm~ht f~e'revenues
shall belong to the Authority and shall be treated in the same
manner as development fee revenues.
(d) Either party hereto, or both parties acting
pursuant to mutual agreement, may transfer other or additional
city revenues to the Authority to be treated in the same manner
as development fee revenues.
(e) No part of Authority revenues shall be used' for
administrative or overhead costs, except as approved by the
Authority.
(f) As used herein, "development" means any
construction or improvement project which will result in a new
building or structure, or increase in floor area of an existing
building or structure, exclusive of the following:
(1) Construction or improvement projects not
exceeding $20,000 in cost.
(2) Off-street parking facilities.
(3) Any construction or improvement project as to
which a development fee may not lawfully be
imposed under State law.
(4) Single-family residences and structures
accessory thereto.
(g) At any time one of the parties to this Agreement
collects 'a development fee from. a development project within its
jurisdiction and within one of the TSIP Areasl -(the "collecting ....
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city") pursuant to recommendation of the AU~horit~-pursuant-~o'~:~'~: ~
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the provisions o_ ~ tion 4C:
(i) If, at such time, the other party to this
Agreement (the "other city") does not have 'in- effect-'devel0pment
fee ordinances and/or resolutions which would result in a
development fee being imposed on such a development project had
it occurred in the other city's jurisdiction, then the fees
collected by the collecting City from such development project
shall belong to the collecting city and not to the Authority.
(ii) If, at such time, the other city does have
development fee ordinances and/or resolutions applicable to that
TSIP Area in effect, but the amount of the development fee
revenues that would have been collected by the other city from
such development project, had it occurred in the other city's
portion of that TSIP Area, would have been less than the
development ~ees collected from such development project by the
collecting city, then only that portion of the development fees
collected from such development project by the collecting city,
then only that portion of the development fees collected from
such. development project by the collecting city which is equal in
amount to the fees that would have been collected by the other
city shall belong to the Authority, and the balance shall belong
to the collecting city.
(h) In the e~ent and to the extent that either party
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to this Agreement 'grants a developer any special exemption from
or limitation on the payment of development fe'es, such party
shall pay. the Authority-the amount of money that the Authority
would have received but for such .-exemptio~'or-limitation;
provided, however this obligation shall not'appfy"~to' exemptions
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or limitations ex_~ting by reason of devei~pment agreements
executed prior to September 1, 1989 and f~ed~i~n'-E~bi~
attached hereto.
(i) Neither party to this Agreement shall allow a
developer to off-set against its development fee obligation the
cost of public improvements constructed by such developer unless
the Authority approves such off-set or unless such off-set
conforms to such rules as the Authority may approve with regard
to off-sets generally. Any off-set allowed in violation of this
subsection shall be deemed a special exemption or reduction
subject to subsection (h) of this section.
4. Powers
A. Approval of Transportation System
Improvement Projects
The governing board may authorize transfer of Authority
money to either party hereto to pay for the cost, or part
thereof, of any transportation system improvement project
approved by the governing body in accordance with this section.
Any project which, in the opinion of the governing body, wi!!
improve the areawide circulation of vehicular traffic into,
through, or out of one of the TSIP Areas, or which mitigates the
areawide adverse effects of vehicular traffic or parking caused
by new developments located within one of the TSIP Areas, shall
be deemed eligible for approval by the governing board with
regard to development f~e revenues derived from such TSIP Area
(hereinafter referred to as "Eligible Projec~s"~)-~
however, shall not have' aUthority to co~r.aC~' .direCtly'- for
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construction of E.' '.ble Projects. In the'-%% 'iriSh'of Eligible
Projects consideration shall be given to improvements of areawide
impact identified as cumulative mitigation measures in
environmental impact reports prepared for approved development
projects. Upon its determination that immediate construction of
a certain areawide traffic improvement is necessary or desirable,
either party may cause the traffic improvement project to be
constructed by the party or by a developer and if the Authority
determines that such areawide traffic improvement project
qualifies as an Eligible Project under the Transportation System
Improvement Program the Authority may authorize full-or partial
reimbursement .by the Authority for the cost of such .traffic
improvement.
B. Preparation of Transportation
System Improvement Propram
The governing board shall develop, maintain, and from time-
to-time, revise a program for Eligible Projects for each of the
TSIP Areas, setting forth their relative- priorities, target
dates for commencement and completion of construction, estimated
costs, ~nd proposed sources of funding.
The program shall serve as a guide to the governing board in
the exercise of its discretion to approve Eligible Projects for
expenditure of Authority money%
In order to determine and establish a Transportation System
Improvement Program for each TSIP Area, the parties agree to
participate in having a-comprehensive traffic-study- prepared for
each TSIP Area. The purpose of each ~traffic~stu~y£-~hatl.-be'" 't)~..
to identify all anticipated development projects~ Proposed within
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each TSIP Area, ~ nin either Tustin or Sant= .,na; 2) to estimate
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the timing of such developments; 3)
measures and a list of areawide transportation improvements to
reduce potential impacts to Tustin and Santa Aha as a result of.
traffic generated by these developments; and 4) to identify the
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necessary financing and implementation program(s), including
recommendations for imposition of development fees based on
traffic generated within a TSIP area and necessary to pay for the
estimated costs of constructing areawide transportation
improvements and to reimburse developers and the parties for the
actual costs of previously constructed areawide improvements
determined to be eligible projects.
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The parties agree that a consultant's report entitled
"Traffic Impact Study for Xerox Centre", dated July 11, 1989,
revised September 12, 1988 prepared by DKS Associates, and
amended per final comments and.responses to the draft EIR for the
Xerox Centre Project adopted as pDrt of the final EIR for that
project shall serve as a preliminary working basis for
development of an expanded traffic study for TSIP Area "A".
The parties agree to each contribute fifty percent (50%) of
the cost of each such traffic study and they shall mutually
decide on the selection of the consultant to prepare each traffic
study. Each study shall be completed within a time period agreed
to by each party and ev.ery effort shall be made to complete each
study 'within 180 days from the execution of this Agreement by
both parties. ·
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C. Fee Re¢ endations
Based upon its programs for areawide transportation system
improvements for each of the TSIP Areas and upon anticipated
future development within each of the TSIP Areas, the Authority
shall make recommendations-for appropriate development fee levels
for each of the TSIP Areas to the Santa Ana and Tustin city
councils which each .agrees to adopt. The development fee
program adopted by each party shall include provisions
recommended by the Authority t'o ensure automatic adjustments
upward in the fee schedule to reflect the California Construction
Price Index. All fees shall be paid prior to or at the time of
issuance of the first building permit for a project.
D. If either party determines that the construction of
certain areawide traffic improvement projects is necessary or
desirable as a prerequisite for a development within its
jurisdiction, it may require the construction, or payment to that
City for ~he construction, of said improvements. The
determination as to whether said traffic improvement projects
will be eligible for reimbursement shall be det'ermined by the
Authority pursuant to the Transportation System Improvement
Program and recommended initial fee program.
E. Upon its determination that immediate construction of a
certain traffic improvement is necessary or desirable, either
party may cause the traffic improvement project to be constructed
by the party or by a developer and if and at-such time such
traffic improvement project qualifies as'an~ eligibte~proj.ect
under the Transportation System ImprOvemenf2~Ogram the-party
developer shall be entitled to full or partial"reimbursement by
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the Authority for .e cost of such traffic im~ ~vement.
F. Based upon its adopted programs for'transportation
system improvements for each of the TSIP Areas -and upon
anticipated future development within each of the TSIP Areas, the
Authority shall annually review and establish appropriate
development fee levels for each of the TSIP Areas and shall
request modifications to the fee program which each party agrees
it will adopt.
G. Neither party to this Agreement shall allow a developer
to off-set against its development fee obligations the cost of
public improvements constructed by such developer unless the
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Authority approves such off-set or unless such off-set conforms
to such rules as the Authority may approve with regard to off-
sets generally. Any off-set allowed in violation of this.
subsection shall be deemed a special exemption or reduction
subject to subsection (8) above.
~. Consultant AGreements .
The governing board may approve contracts on behalf of the
Authority to obtain the services of professional consultants to
assist the Authority in the exercise of the abovesaid powers.
Payments pursuant to any such contract shall be an authorized
expenditure of Authority money. Alternatively, the governing
board may authorize transfer of Authority money to either party
hereto to pay for the cost of such Consultant Agreements.
i. Bonds and Notes
The Authority shall also have the power to'issue, se~and
deliVer, in accordance with the provisions of the~-Act, (i)' bonds
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tO provide funds the acquisition, constrf '~n~d~'fi~%n6~g~
of one or more traffic improvement projects; (ii) refunding bonds
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for the purpose of redeeming or retiring any bon'ds issued by the
authority and any other indebtedness incurred by the Authority;
and (iii) notes for the purpose of providing temporary financing
of the costs of constrUction or acquisition of traffic
improvement projects. The terms and conditions of the issuance
of any such bonds or notes shall be set forth in a resolution,
indenture or other instrument, shall include such security
provisions and shall specify such source or sources of payment,
as in accordance with the law and as shall be determined by the
governing board.
J Incidental Powers
The Authority, by and through its governin~ board, is hereby
authorized, in its own name, 'to do all acts necessary, convenient
or appropriate for the purposes set forth hereinabove.
5. Exchanqe of Information
On Development Pro3ects
Each party to this Agreement shall keep the Other party and
the Authority informed of development projects located within its
portion of each of the TSIP Areas or located in such areas in the
vicinity of the TSIP Areas as to which the other party may
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request such information. Such information shall extend to and
include proposals for development or redevelopment of any site,
whether such proposal is being processed -through -'city or
redevelopment agency procedures. The pfi~y ~fOcus~ offishe
information provided shall be the 'size, sc~pe~' and'type of the
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development as n ssary to project its ~ ~ible vehicular
traffic generation. However, any information'requested from'the
party in whose jurisdiction the development project is located by
the other party shall be provided to such other party to the
extent it is available, except that information which is not a
matter of public record and which requires confidentiality in
order to preserve a party's position in the negotiation of
contracts with third parties or with regard to litigation against
third parties need not be disclosed. However, if it is necessary
for the Authority to assess traffic and parking impacts of any
such development, all parties are entitled to be provided an
estimate of traffic and parking impacts from any such
developments in order to permit the Authority to implement its
duties and functions pursuant to this Agreement.
The governing board of the Authority may establish ru%es for
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the regular exchange of information on development projects,
including regular meetings between appropr%ate staff members of
both'parties and regular reports to the governing body.
6. Resolution of Future Dispute
During the term of this Agreement, each party agrees to act
in good faith to amicably and expeditiously resolve any dispute
with the other party, or the members of the city council of the
other party, or any officers 'of the other party, or a
redevelopment agency of the other party or the. members or
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officers thereof, involving the approval of any contract, permit,
license or entitlement of use for any develOpment project or
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development plan or regulation located withinr-bhe i'te~ritorial
jurisdiction of such other party.
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As used here~.., "development plan or regulation" includes a
general or specific plan or element there'of, a redevelopment
plan, a zoning ordinance or regulation, or any amendment thereto.
7. Term
This Agreement shall become effective as of the date hereof
and shall continue in full force and effect until January 1,
2010, unless sooner terminated as hereinafter provided.
This Agreement may be amended or rescinded at any time by
mutual consent of the parties, approved by majority vote of their
respective city councils. Any amendment to this Agreement shall
be in writing.
This Agreement may be terminated by a party for substantial
breach'hereof by the other party, provided that the nonbreaching
party serves the breaching party with written notice of intent to
terminate, approved by the city council of the nonbreaching party
and stating the facts which constitute the breach.. The breaching
party shall have a reasonable period not less than thirty (30)
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days, in which to cure the breach. If, upon expiration of such
period, the breach has not been cured, the nonbreaching party'may
terminate this Agreement by service of written notice of
termination, approved by majority vote of its city council. Upon
service of such notice of termination, the rights and obligations
of the parties hereunder shall be of no,further force and effect.
Upon termination of this Agreement any surplus Agency money
shall be returned to the parties hereto in proportion to the
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contributions made by each party over the team"of the Agreement
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8. Notices
Notices hereunder shall be sufficient if personally
delivered or sent by U.S, Mail, postage prepaid, addressed to the
City Manager of the receiving party at the street address of the
City Hall of the receiving party.
9. Attorneys' Fees
If any action or proceeding at law or in equity is filed by
either party to enforce or construe any of the Provisions of this
agreement, the prevailing party shall be entitled to an award of
reasonable attorneys' fees.
10. The Xerox Centre Pro3ect
Reference is hereby made to that certain proposed
development project located between First and Fourth Streets on
the east side of the Santa Ana Freeway in Santa Ana, to-be
developed by Birtcher-Xerox Par%ners ("Xerox Centre").
The parties to this Agreemen~ hereby agree that Santa Ana
may allow the Xerox Centre developer to set' off against
Developer's development fee obligation, costs incurred by such
developer or contributions made to Santa Ana by such developer
for the extension of Cabrillo Park Drive between First and Fourth
Streets and the improvement of the intersection of First Street
and Grand Avenue. It is further agreed that in the event Santa
Ana allows any limitation On Developer's development fee
obligation other than such set-off rights, Santa Ana shall pay
the Authority such amount as the Authority would have received in
the absence of such special limitation.
11. First and Fourth Street Projects
It.is agreed that the design and engineering work of the
20
additional westbounu lane on First Street fr~,~ Tustin Avenue to
the midpoint between the easterly edge of the'P~esently ~eXisting
right-of-way of SR-55 and Yorba Street to Tustin Avenue and (b)
construction of an additional westbound lane on Irvine Blvd. from
Yorba Street to the northbound on-ramp of SR-55 shall be paid for
by the Authority and the construction of these projects shall be
accorded the highest priority.
12. Severabilit¥
If any section, subsection, sentence, clause or phrase of
this Agreement, or the application hereof to the Authority or to
either party hereto or to any other person or circumstance, is
for any reason held invalid by a court of law, it shall be deemed
severable and the validity of the remainder of this Agreement or
of the application of such provision to any other person or
circumstance, shall not be affected thereby.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Janice C. Guy
Clerk of the Council
APPROVED AS TO FORM:
Daniel H. Young
Mayor
APPROVED AS TO CONTENT:
Edward J. Cooper
City Attorney
Iii
iil
David N. Ream
City Manager
(Signatures Continued on Page 22)-
21
ATTEST:
CITY OF TUSTIN
Mary E. Wynn
Clerk of the Council
Ursula E. Kennedy
Mayor
APPROVED AS TO FORM-
APPROVED AS TO CONTENT-
James G. Rourke
City Attorney
William A. Hus~on
City Manager
JGR'rr'R'lO/23/89(1788f)
22
,SAN I A ANA/ ~ U,.% I IN JOINT POWFR--:::-'AGRE:MENT-'
NORTH
NOT TO SCALE
TRANSPORTATION SYSTEM IMPROVEMENT
PROGRAM (TStP) BEN.EFiT AREAS ":"'
. EXT.-:.-.: ~ z r A
EXHIBIT "B"
DEVELOPMENT AGREEMENTS
1. Development Agreement dated October 17, 1985 between
the City of Santa Ana and Santa Fe L'and Improvement Company
2. The East Tustin Development Agreement between the City
of Tustin and the Irvine Company dated December 3, 1986
EXHIBIT "B"
DEVELOPMENT AGREEMENTS