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Home My WebLink About14 TAX ANNEX NO 159 04-18-05 A G END A REPORT Agenda Item 14 Reviewed: £ City Manager Finance Director MEETING DATE: APRil 18, 2005 TO: WilLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: STRUCTURAL FIRE FUND TAX EXCHANGE RESOLUTION FOR ANNEXATION NO. 159 AND ANNEXATION PROPERTY TAX PASS- THROUGH AGREEMENT WITH THE OCFA SUMMARY On February 22, 2005, the City Council approved General Plan Amendment 04-001 and Prezone 04-001 related to the proposed Annexation No. 159 of Marine Corps Air Station (MCAS) Tustin Disposition Parcel 36 and Zone Change/Specific Plan Amendment 04-001 to establish new site development standards for MCAS Tustin Disposition Parcel 36. Annexation No. 159 consists of the detachment of Parcel 36 from the City of Irvine and the annexation of the same parcel to the City of Tustin. On March 21, 2005, the City Council adopted a property tax exchange rate of 100 percent from the City of Irvine to the City of Tustin for the proposed Annexation No. 159 of Marine Corps Air Station (MCAS) Tustin Reuse Plan Disposition Parcel 36. The local Agency Formation Commission (lAFCO) required the adoption of the resolution. A second resolution is needed to agree to the exchange of the Structural Fire Fund revenues, whereby the City of Tustin will receive 100 percent of the Structural Fire Fund revenues from the annexed territory. The City's Fire Services and Emergency Medical Services Agreement with the Orange County Fire Authority (OCFA) states that any Structural Fire Fund revenues that accrue to the City as a result of annexation will be passed through to the OCFA. The language in the attached agreement stipulates the calculation and pass-through methodology. On April 13, 2005, lAFCO approved the annexation/detachment of Disposition Parcel 36. RECOMMENDATION: That the City Council: 1) Adopt Resolution No. 05-65 approving a Structural Fire Fund tax exchange rate of 100 percent from the Orange County Structural Fire Fund to the City of Tustin for Annexation No. 159 of Marine Corps Air Station (MCAS) Tustin Reuse Plan Disposition Parcel 36; and, City Council Report Structural Fire Fund Tax Exchange Page 2 2) Approve the Annexation Property Tax Pass-Through Agreement with the Orange County Fire Authority. FISCAL IMPACT: The annexation of MCAS Tustin Reuse Plan Disposition Parcel 36 to the City of Tustin would have an insignificant fiscal impact consisting of additional property tax revenues and additional expenditures for public services. The County of Orange has agreed, and the Orange County Fire Authority (OCFA) has tentatively agreed, to a 100 percent Structural Fire Fund tax transfer. For as long as the Annexation Property Tax Pass- through Agreement with the OCFA for Disposition Parcel 36 remains in effect, the Structural Fire Fund revenues will be passed through to the OCFA to provide fire protection and emergency medical services to the annexed territory. ENVIRONMENTAL: On February 22, 2005, the City Council adopted Resolution No. 05-42 finding that General Plan Amendment 04-001, Prezone 04-001, Zone Change (MCAS Tustin Specific Plan Amendment) 04-001, and Annexation No. 159 are within the scope of the adopted Final EIS/EIR for the MCAS Tustin Specific Plan/Reuse Plan. No additional environmental analysis is required for the Structural Fire Fund tax exchange resolution. BACKGROUND AND DISCUSSION: On June 7, 2004, Moffet Meadows Partners, LLC, which purchased a portion of former MCAS, Tustin from the Department of Navy, filed a landowner petition with the Local Agency Formation Commission (LAFCO) for the reorganization of the boundary between Tustin and Irvine. The proposed reorganization includes the following actions: . Detachment of approximately 21.6 acres from the City of Irvine and annexation of the same 21.6 acres to the City of Tustin (MCAS Tustin Disposition Parcel 36) . Amendment to City of Irvine Sphere of Influence . Amendment to City of Tustin Sphere of Influence On December 14, 2004, the City of Irvine adopted Resolution Nos. 04-181 and 04-182, supporting the proposed boundary reorganization and agreeing to an exchange rate of 100 percent of the property taxes. On February 22, 2005, the City Council approved General Plan Amendment 04-001 and Prezone 04-001 related to the proposed annexation of Marine Corps Air Station (MCAS) Tustin Disposition Parcel 36 and Zone Change/Specific Plan Amendment 04-001 to establish new site development standards for MCAS Tustin Disposition Parcel 36. The boundary reorganization would improve the delivery of public services such as law enforcement and waste collection to the future residents of the annexed area. The City Council Report Structural Fire Fund Tax Exchange Page 3 reorganization would also place a planned residential neighborhood entirely within one city rather than split it illogically between two cities. Presently, the proposed annexation area is somewhat isolated from the rest of Irvine because it is surrounded on three sides by flood control channels or Southern California Edison property. Vehicular access to the area is from the north through the City of Tustin. The boundary change would eliminate this City of Irvine "island" and would improve the connectivity of the proposed residential neighborhood. On April 13, 2005, LAFCO approved the annexation/detachment of MCAS Specific Plan Disposition Parcel 36. Structural Fire Fund Tax Exchanqe On April 12, 2005, the Orange County Board of Supervisors, as the government entity that oversees the Structural Fire Fund, adopted a Resolution, approving the Structural Fire Fund Tax Exchange. If the Structural Fire Fund Tax Exchange is approved, the City of Tustin will receive 100 percent of the Orange County Structural Fire Fund revenues from the annexed territory and will pass through the revenues to the OCFA to provide fire protection and emergency medical services to the annexed territory. Annexation Property Tax Pass-Throuqh Aqreement On March 23, 2000, the Board of Directors of the Orange County Fire Authority adopted an annexation policy by which all Structural Fire Fund and redevelopment revenues from annexed areas will continue to be received by the OCFA. Section 5 of the City's Fire Services and Emergency Medical Services Agreement with OCFA stipulates that when a City annexes Structural Fire Fund territory, the existing level of Structural Fire Fund revenue shall continue to pass through to the OCFA, unless otherwise agreed to by the parties, and shall be adjusted annually for any change in value. In the case of a contract City such as Tustin, the City will receive the Structural Fire Fund revenue, and will then pass through the funds to the Fire Authority. The attached Agreement (Attachment C) provides the procedure to implement this pass-through. &~dL 4~~ Elizabeth A. Binsaék Community Development Director Juté~ Scott Reekstin Senior Planner Attachments: A. B. C. Resolution No. 05-65 County of Orange Resolution (Fire Fund Tax Exchange) Annexation Property Tax Pass-Through Agreement S:\CddlCCREPORl\Lennar Columbus Grove Property Tax Exchange Fire Fund.doc ATTACHMENT A RESOLUTION NO. 05-65 RESOLUTION NO. 05-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING A STRUCTURAL FIRE FUND TAX EXCHANGE RATE OF 100 PERCENT FROM THE ORANGE COUNTY STRUCTURAL FIRE FUND TO THE CITY OF TUSTIN FOR THE PROPOSED ANNEXATION OF MARINE CORPS AIR STATION (MCAS) TUSTIN REUSE PLAN DISPOSITION PARCEL 36, IDENTIFIED AS ANNEXATION NO. 159. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That pursuant to the provisions of the Cortese-Knox-Hertzberg Government Reorganization Act of 2000, Moffet Meadows Partners, LLC filed a landowner petition with the Local Agency Formation Commission (LAFCO) for the reorganization of the boundary between Tustin and Irvine, as described in Exhibits A and B attached hereto and incorporated herein by this reference. B. That on February 22, 2005, the City Council held a public hearing and approved General Plan Amendment 04-001 and Prezone 04-001 related to the proposed annexation of Marine Corps Air Station (MCAS) Tustin Disposition Parcel 36 and Zone Change/Specific Plan Amendment 04-001 to establish new site development standards for MCAS Tustin Disposition Parcel 36. C. That on February 22, 2005, the City Council adopted Resolution No. 05-42 finding that General Plan Amendment 04-001, Prezone 04-001, Zone Change (MCAS Tustin Specific Plan Amendment) 04-001, and Annexation No. 159 are within the scope of the adopted Final EIS/EIR for the MCAS Tustin Specific Plan/Reuse Plan. D. The area to be annexed is served by the Orange County Fire Authority for Fire Protection and Emergency Medical Services. E. The City of Irvine is a Structural Fire Fund city, and the City of Tustin is a Contract city with the Orange County Fire Authority. F. That the City of Tustin concurs that the Structural Fire Fund tax revenues accruing to the Orange County Structural Fire Fund for the area to be detached from the City of Irvine and to be annexed to the City of Tustin will be allocated in total to the City of Tustin. Resolution No. 05-65 Page 2 G. That the City of Tustin agrees to pass through the revenues to the Orange County Fire Authority to provide fire protection and emergency medical services to the annexed territory for as long as the Annexation Property Tax Pass- Through Agreement with the OCFA for Disposition Parcel 36 remains in effect. H. That on December 14, 2004, the City of Irvine adopted Resolution Nos. 04- 181 and 04-182, supporting the proposed boundary reorganization and agreeing to an exchange rate of 100 percent of the property taxes. I. That on April 12, 2005, the Orange County Board of Supervisors, as the government entity that oversees the Structural Fire Fund, adopted a Resolution, approving the Structural Fire Fund Tax Exchange. II. The City Council hereby finds that pursuant to the Revenue and Taxation Code Section 99(b) regarding jurisdictional changes with respect to adjustments in the allocation of property taxes, the City of Tustin accepts that one hundred percent (100%) of the Structural Fire Fund tax revenues for the area to be detached from the City of Irvine and annexed to the City of Tustin be allocated in total to the City of Tustin for as long as the Annexation Property Tax Pass-Through Agreement with the OCFA for Disposition Parcel 36 remains in effect. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 18th day of April, 2005. LOU BONE, Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN Resolution No. 05-65 Page 3 I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 05-65 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 18th day of April, 2005, by the following vote: COUNCILMEMBER AYES: COUNCILMEMER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK . ,.. EXHIBIT "A" COLUMBUS GROVE RE.ORGANIZATION IRO 04-12) THOSE PORTIONS OF LOTS 196 AND 197, OF BLOCK 61, OF IRVINE'S SUBDIVISION, IN THE CITY OF IRVINE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 1. PAGE 88 OF MISCELLANEOUS RECORD MAPS, AND AS SHOWN ON THE RECORD OF SURVEY 97-1015, FILED IN BOOK 165, PAGES 31 THROUGH 39, INCLUSIVE, OF RECORDS OF SURVEYS, BOTH RECORDS OF SAID COUNTY, DESCR!BED AS FOLLOWS: COMMENCING AT THE ORANGE COUNTY SURVEYOR'S HORIZONTAl CONTROL STATION NO, -6574', HAVING A COORDINATE VALUE (U,S. SURVEY FEET) OF NORTH 2201184.833 AND EAST 6088629.148 BASED UPON THE CALIFORNIA COORDINATE SYSTEM (CCS83). ZONE VI 1983 NAD (1991.35 EPOCH O.C.S. GPS ADJUSTMENT) AS SHOWN ON SAiD RECORD OF SURVEY; THENCE. SOUTH 43"32'04" WEST, 1354.03 FEET TO A POINT ON THE NORTHWESTERLY LINE OF HARVARD AVENUE (69.00 FOOT HALFWIDTH) AS DESCRIBED IN THAT CERTAIN DEED, TO THE CITY OF TUSTIN, OF SAID COUNTY, RECORDED ON MAY 14, 2002 AS INSTRUMENT NO. 20020404592, OF OFFICiAl RECORDS AND ALSO BEING THE SOUTH.EASTERLY LINE OF THAT CERTAIN DEED TO MOFFETT MEADOW PARTNERS, RECORDED MARCH 11. 2003 AS INSTRUMENT NO. 2003000263524, OF OFFICIAL RECORDS, RECORDED ON MARCH 11, 2003. OFFICIAL RECORDS, SAID POINT ALSO BEING THE POINT Of BEGINNING; THENCE, SOUTH 40"37'37" WEST, ALONG SAID NORTHWESTERLY LINE, 267.54 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DOCUMENT TO SOUTHERN CALIFORNIA EDISON, RECORDED APRIL 23, 1973, IN BOOK 10657, PAGE 412 OF OFFICIAL RECORDS OF SAID COUNTY AND ALSO BEING THE SOUTHEASTERLY LINE OF SAID INSTRUMENT NO. 2003000263524, OF OFFICIAL RECORDS, SAID POINT BEING THE BEGINNING OF A NON.TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1894.00 FEET. A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 27"21'58"EAST; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE AND SAID CURVE THROUGH A CENTRAl ANGLE OF 4"14'35" AN ARC DISTANCE OF 140,26 FEET; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE 'SOUTH 66"52'37" WEST 1087.44 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID DEED, SAID POINT BEING A POINT ON A CURVE THAT IS CONCENTRIC WITH AND 118.75 FEET NORTHEASTERLY FROM THE CENTERLINE OF WARNER AVENUE AS SHOWN ON DEED GRANTED TO THE CITY OF IRViNE AS INSTRUMENT NO. 19960079232, OF OFFICIAL RECORDS, RECORDED ON FEBRUARY 21,1996 OFFICIAL RECORDS. SAID CURVE BEING CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1718.75 FEET, A RADIAL LINE TO. SAID POINT BEARS NORTH 68"45'45" EAST; THENCE, ALONG SAID SOUTHWESTERLY LINE, CONCENTRIC AND PARALLEL WITH SAID CENTERLINE OF WARNER AVENUE THE FOLLOWING TWO (2)'COURSES: 1) NORTHERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAl ANGLE OF 28006'22" AN ARC DISTANCE OF 843,12 FEET; 2) THENCE NORTH 49"20'37" WEST 468.05 FEET ALONG SAID SOUTHWESTERLY LINE TO THE BEGINNING OF 11 CURVE, IN THE WESTERLY LINE OF SAID INSTRUMENT NO. 2003000263524, OF OFFICIAL RECORDS, CONCAVE EASTERLY HAVING A RADIUS OF 35.00 FEET; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAl ANGLE OF 101'51'19' AN ARC DISTANCE OF 62.22 FEET TO THE SOUTHEASTERLY LINE OF PETERS CANYON CHANNEL (HAViNG A SOUTHEASTERLY HAlF- WIDTH OF 90 FEET) AS DESCRIBED IN THE DOCUMENT RECORDED TO ORANGE COUNTY FLOOD CONTROL. RECORDED JUNE 4, 2003, IN BOOK 6681, PAGE 721 OF OFFICiAl RECORDS. OF SAID COUNTY. SAID SOUTHEASTçRLYLINE BEING ALSO THE NORTHWESTERLY LINE OF SAID INSTRUMENT NO. 2003000263524, OF OFFICIAL RECORDS: THENCE, ALONG SAID K' \P-;'~wio9' \s ,\SP516"S""VEY\Of fic.\E><hibi t.\L>.FCO Exhiblt\1AFCO_'2 .D>-D'.""". doc: !.o..t "rioted "I'I'DO' '9' D' A>1 132 . * hi"""""""""""'-, Resolution No. 05-52 Page_~(),L5.. SOUTHEASTERLY LINE OF SAID PETERS CANYON CHANNEL NORTH 52'30'42' EAST"417.91 FEET TO THE CITY BOUNDARY LINE BETWEEN THE CITY OF TUSTIN AND THE CITY OF IRVIN Ë AS SHOWN ON SAID INSTRUMENT NO. 2003000263524, OF OFFICIAL RECORDS; THENCE LEAVING SAID SOUTHEASTERLY LINE AND ALONG SAID CITY BOUNDARY LINE, SAID CITY BOUNDARY LINE ALSO BEING THE NORTHEASTERLY LINE OF A DEED TO IRVINE INDUSTRIAL COMPLEX, RECORDED SEPTEMBER 14, 1971, IN BOOK 9802, PAGES 985 THROUGH 988, OF OFFICIAL RECORDS, SOUTH 49"21'01" EAST, 1046,73 FEET; THENCE, NORTH 85°39'11" EAST, ALONG THE NORTHERL Y LINE OF SAID DEED TO IRVINE INDUSTRIAL COMPLEX AND SAID CITY BOUNDARY lINE,1Ó14.07 FEET TO THE POINT OF BEGINNING. 'ø' ALSO AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PAR, HEREOF, CONTAINING A TOTAL AREA OF 21,64 ACRES, MORE OR LESS. tfþ /;,~ ~ MICrlAEL SIMON. P.L .6034 REGISTRATION EXPIRES 06/30/05 K' \Drawingø\SP\SPSl6<\SURVEY\Office\ExI>ibitS\LJ\PCO ExI>ibi t\U\"'co_~~-OJ -O'_EJO\.doc wst printed »1'1>00' 9.05 "" 133 Resolution No. 05-52 Page 4 of 5 * _""""I«<yd."...".,. EXHIBIT "B" REORGANIZATION OF RO 04-12 , ANNEXATION TO THE CITY OF TUSTIN DETACHMENT FROM THE CITY OF IRVINE 'fL' "><E '" .S;. ~~~ 2g',};':)'~~'g~" I I or 1 ,"lIT \ SHEE:ç~ "0200' . \. ------ - ------ - ------ , I? PETfR's CANyO - ------ - ] , PÐ¡ Dr", ""/ '2>. QR.~ ~N£l b -~;:;. ---'-'- ~~~- - ~ ~ 000"""'= '"OWN "" B"ED ON "" "" ""'0"'" COO""."" "my (""'), 1ONE ". ".., N"" ("m, EPoæ DCS GPS AOJU""'N1). DISTANCES """ H"'," '" "'0""0. UHl£SS DTHER- NO"O. TO OOT~H "" ."AHIT "",pC' ONO"" m',^Hcr " 0."""" "', UHE or "EO TO , ""HE .CU'""'" oo"'lEX ?, REr, ""1"/71 PER BOOK , ' ,." "or "'-'88 O.R. ~ l' ANO 'H". NO, 200J00"'",,. "'-0 I; ~ RK OJ/"/03 O.R, ATTACHMENT B COUNTY OF ORANGE RESOLUTION (FIRE FUND TAX EXCHANGE) RPR-13-2005 10: 51 FROM: CEO/SIR 714 834 4790 TO: 5733113 P,2/2 RESOLUTION OF THE BOARD OF SUPERVISORS OF COUNTY OF ORANGE APPROVING STRUCTURAL FIRE FUND TAX EXCHANGE AGREEMENT BElWEEN THE CITY OF TUSTIN AND THE CITY OF IRVINE REGARDING THE COLUMBUS GROVE ANNEXATION FROM THE CITY OF IRVINE TO THE CITY OF TUSTIN (RO 04-12) WHEREAS the Moffit Meadows Partners, LLC filed a landowner petition with the Local Agency Fom1ation Commission to annex that telTitory in the City of Irvine referred to as the Columbus Grove Annexation, which is approximately 22 acres of uninhabited territory within the fom1er Tustin Marine Corps Air Station and culTently located in the City of Irvine, It is north of Warner Avenue, west of Harvard Avenue, and east of the Peters Canyon Channel. The proposed reorganization would allow for a new and entire residential community to be developed and served by a single jurisdiction; and WHEREAS, the area is served by the Orange County Fire Authority for Fire Protection and Emergency Medical Services; and WHEREAS, the City of Irvine is a Structural Fire Fund city, and the City of Tustin is a Contract city with the Orange CDunty Fire Authority; and WHEREAS, it is the intent of the Cities that the City of Tustin will receive 100% of the Structural Fire Fund revenues from the annexed telTitory; and WHEREAS, the Orange County Board of Supervisors is the government entity that oversees the Structural Fire Fund; and WHEREAS, California Revenue and Taxation Code Section 99 allows cities and counties to adopt and approve property tax exchange agreements to set forth the exchange of such revenues, NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors does hereby approve the Structural Fire Fund exchange agreement reached between the City of Tustin and the City of Irvine, whereby, upon completion of the annexation of the Columbus Grove area from the City of Irvine to the City of Tustin, the City of Tustin shall receive 100% of the Structural Fire Fund revenues from the annexed telTitory, s\ceo(:lhIMv ATTACHMENT C ANNEXATION PROPERTY TAX PASS-THROUGH AGREEMENT TUSTIN ANNEXATION PROPERTY TAX PASS-THROUGH AGREEMENT THIS AGREEMENT is entered into this - day of , 2005, by and between the ORANGE COUNTY FIRE AUTHORITY, a Joint Powers Agency (hereinafter called the "OCFA") and the CITY OF TUSTIN, a municipal corporation and General Law City in the COUNTY OF ORANGE, (hereinafter referred to as "City"). RECITALS A, City is located wholly within the County of Orange. B. City is legally obligated to provide fire protection services within its boundaries, C. OCFA is the successor entity to the Orange County Fire Department and City has chosen to be a member of and contract with the OCFA for the provision of fire protection services within City's boundaries, D, City has completed the annexation of approximately 21.6 acres of City of Irvine territory, commonly known as the Columbus Grove Reorganization. Within the City's Fire Services and Emergency Medical Services Agreement with the OCFA, the City has agreed to pass through to the OCFA any Structural Fire Fund and redevelopment revenues that exist at the time the City annexes any Structural Fire Fund territory, Such pass- through revenues shall be adjusted by any diminution or growth in value of the annexed areas occurring thereafter. It is the intention of the Parties that City annexations have no adverse financial effect on the OCFA. E. F, By Board of Supervisors resolution, the City shall receive 100% of the Structural Fire Fund from the annexed area. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. Pass-Throuqh Amount. Beginning , and continuing until this Agreement is terminated pursuant to paragraph 3, the City shall pass through to the OCFA the equivalent of the City's portion of the Structural Fire Fund revenues that would have been received by the OCFA had the City not annexed the territory. This pass-through amount shall be calculated annually using the following formula: Value x Basic Levy x SFF Rate = Pass-through Amount Value = Net Total Assessed Value of the annexed territory as reported by the County Assessor for the then current tax roll year. Basic Levy = 0,01 SFF Rate = The Structural Fire Fund rate for the Tax Rate Area containing the annexation area in effect the year preceding the annexation (Le. .12284154718), 2. Pavment. OCFA will invoice the City twice annually for fifty percent (50%) of the pass-through amount. The first invoice will be sent on or before December 1 and the second invoice will be sent on or before April 1 each year. Payment by City will be due within thirty (30) days of the invoice date. 3. Termination, Unless terminated by one of the following, this Agreement will remain in full force and effect: (a) The end of any fiscal year during which both parties agree in writing to terminate the Agreement. (b) The City ceases to be a member of the OCFA. 4. Miscellaneous. (a) This Agreement shall be interpreted in a manner complementary to the Amended Joint Powers Agreement and to the City's Fire Services and Emergency Medical Services Agreement, in their current forms or as those Agreements may be further amended, extended, or replaced from time to time. In the event of any conflict, the aforementioned Agreements, in their current forms or as those Agreements may be further amended, extended, or replaced, shall govern. (b) This Agreement may be amended only in writing by both Parties, IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first above written. CITY OF TUSTIN DATED: By: Lou Bone, Mayor ATTEST: DATED: By: Pamela Stoker, City Clerk 2 APPROVED AS TO FORM: Lois E. Jeffrey, City Attorney Date DATED: DATED: APPROVED AS TO FORM: ORANGE COUNTY FIRE AUTHORITY By: Chairman ATTEST: By: Clerk of the Authority Terry C, Andrus, General Counsel Date 3