HomeMy WebLinkAbout09 - Santa Ana Heights Annexation AgreementCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
April 13, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Javier Garcia, Senior Planner
949 - 644 -3206, jgarcia @newportbeachca.gov
SUBJECT: Request to amend the Annexation Agreement for Santa Ana Heights
Annexation Area
ISSUE:
Should the City Council request that the County of Orange Board of Supervisors
( "County ") and the Orange County Development Agency ( "Agency ") amend the
Annexation Agreement with the City of Newport Beach to provide that amendment of
the Santa Ana Heights Specific Plan Area Regulations by the City does not require
approval of the County and /or the Agency? Should the City Council direct staff to
prepare a resolution deleting Council Policy K -6 which sets forth procedures for
amending the Santa Ana Heights Specific Plan consistent with requirements of the
Annexation Agreement between the County of Orange and the City of Newport Beach?
RECOMMENDATION:
Staff recommends that the City Council:
1. Authorize the Mayor to sign and submit the attached letter to the County of
Orange Board of Supervisors requesting amendment of the Annexation
Agreement to provide that County and /or Agency approval is not required to
amend the Santa Ana Heights Specific Plan Regulations; and
2. Direct the Planning Director and the Office of the City Attorney to prepare
appropriate revisions to the Annexation Agreement and obtain County and
Agency approval and execution of same; and
3. Subsequent to receiving approval by the County and the Agency of the Revised
Agreement, prepare a resolution for City Council adoption eliminating Council
Policy K -6.
Request to Amend the Annexation Agreement
for Santa Ana Heights Annexation Area
April 13, 2010
Page 2
DISCUSSION:
Background:
On September 10, 2002, the City of Newport Beach entered into a Pre - Annexation
Agreement ( "Agreement ") with the County of Orange Board of Supervisors and the
Orange County Development Agency that specified the terms of annexation of the area
known as Santa Ana Heights (SAH) to the City of Newport Beach. In May of 2006, West
Santa Ana Heights was annexed to the City of Newport Beach and continued to be
subject to the Santa Ana Heights Specific Plan Area Regulations. Section 2.1 of the
Agreement requires that no amendment to the Specific Plan may be approved without
prior written permission of the County and the Agency.
At the time of approval, the Agreement required prior County approval of amendments
to the SAH Specific Plan but did not include a requirement for participation by the Santa
Ana Heights Project Area Committee (PAC). City Council Policy K -6 was adopted to
include participation by the PAC when the City of Newport Beach City Council
subsequently proposed amending the SAH Specific Plan to establish a Fire Facility
Overlay District for the fire station property. The procedural requirements for amending
the specific plan set forth in Council Policy K -6 include a public meeting and an advisory
vote by PAC prior to adoption of any amendment.
The Santa Ana Heights Project Area Committee (PAC) was disbanded after its final
meeting on February 3, 2010. The requirements of Council Policy K -6 that the PAC
hold a public meeting and take an advisory vote on any proposed Specific Plan
amendments are now irrelevant. Moreover, the amendment approval requirements of
Policy K -6 are cumbersome, and former PAC members have told staff that they would
prefer that amendment of the Specific Plan be subject to the same ordinance
amendment provisions as apply throughout Newport Beach. Other provisions of the
Agreement that do not relate to municipal governance commensurate with annexation
by the City of Newport Beach would remain intact (Attachment No. CC 3).
Amendment of the Santa Ana Heights Specific Plan will be required if the City is to
license horses used for recreation as required in the Specific Plan. The City has no
licensing procedures and none are contained in the Specific Plan. Prior to annexation,
horses were licensed by the County pursuant to procedures adopted separately from
the specific plan. Licensing of horses will need to be considered in response to a
resident's complaint that a neighbor is boarding horses in violation of the recreational
horse licensing requirements of the Specific Plan.
Proposed Amendment to Agreement:
Section 2.1 of the Agreement reads, in part, as follows
Request to Amend the Annexation Agreement
for Santa Ana Heights Annexation Area
April 13, 2010
Page 3
"After the CITY's annexation of the Annex Area, the CITY shall not amend its
General Plan as it pertains to the Annex Area or the Specific Plan without the
prior written consent of the COUNTY and the AGENCY..."
Section 6.2 of the Agreement reads as follows:
"No alteration or variation of the terms of this Agreement shall be valid unless
made in writing and signed by both parties; no oral understanding or agreement
not incorporated herein shall be binding on either of the parties"
The City proposes to amend the Agreement by eliminating the requirement for a PAC
public meeting and vote, and by deleting the need for written permission from the
County and from the Agency prior to amendment of the Specific Plan. After amendment
of the Agreement, the Planning Department would process all future amendments to the
SAH Specific Plan Regulations through the normal public notice and public hearing
process as applies t o all Municipal Code amendments. A copy of the Annexation
Agreement is attached and includes highlighting of sections that are subject to deletion
or revision. All other aspects and provisions of the Annexation Agreement will remain
unchanged and in force.
Environmental Review:
Environmental Review is not required for this Council action.
Public Notice:
This agenda item requires standard Brown Act notice. Mailed notice was provided to
each member of the former Santa Ana Heights Project Area Committee. The
subsequent amendment to the Santa Ana Heights Specific Plan Regulations will be an
Ordinance that will be processed after permission from the County Board of Supervisors
is obtained.
Alternatives:
Should the County Board of Supervisors choose not to allow the City to amend the
Annexation Agreement, the alternative would be to pursue the amendment to the Santa
Ana Heights Specific Plan Regulations as currently specified by the Annexation
Agreement, Council Policy K -6, and obtain written permission prior to setting the matter
for introduction and public hearing.
5 ,
Prepared by:
er S Garcia 9
Senior Planner '
Request to Amend the Annexation Agreement
for Santa Ana Heights Annexation Area
April 13, 2010
Page 4
Submitted by:
David Lepo
Planning Director
Attachments: CC1 Draft of Letter to the County and Agency
CC2 Copy of City Council Policy K -6
CC3 Copy of Current Annexation Agreement with highlights of
sections subject to revision.
q
Attachment No. CC 1
Draft Letter to the County and Agency
I
DRAFT LETTER
April _, 2010
Hon. Chairman and Members of the Board of Supervisors
County of Orange
333 W. Santa Ana Blvd., Room 465
P.O. Box 687
Santa Ana, CA 92702 -0687
Orange County Development Agency
c/o County of Orange Planning Director
333 W. Santa Ana Blvd., Room 465
P.O. Box 687
Santa Ana, CA 92702 -0687
RE: Request for Consideration of an Amendment to the Annexation Agreement
related to the Santa Ana Heights Specific Plan Area
Dear Board of Supervisors and Agency Members:
The City of Newport Beach requests your approval to amend the Pre - Annexation Agreement
( "Agreement') entered into between the City and the County on September 10, 2002, pursuant to
Section 6.2 of the Agreement.
Pursuant to Section 6.2 of the Agreement, signatures of both parties, the County and the City, are
required to validate alteration or variation of the terms of the Agreement. The City at this time wishes
to alter the Agreement to eliminate the requirement that necessitates the review and written consent
of amendments to the Santa Ana Heights Specific Plan (and the General Plan that pertains to the
Annexation Area or the Specific Plan) by the County and the Development Agency. The proposed
changes are highlighted in the attached document. The remainder of the Agreement will remain in
force.
In order to facilitate the timely processing of the proposed change to the Agreement, the City
respectfully requests that you provide us with written authorization to proceed by Friday,
G
Letter to Board and Agency
April 13, 2010
Page 2
, 2010. During your review we are available to answer your questions, if any, regarding
the proposed changes to the Agreement.
Thank you for your consideration of the proposed alteration of the document.
Sincerely,
Keith D. Curry
Mayor
Enclosures.
cc: David Kiff, City Manager
David Lepo, Planning Director
Leonie Mulvihill, Assistant City Attorney
F: \Users \PLN \Shared \PA's \PAs - 2009 \PA2009 - 081 \County Letter on Mayor Ltrhead 03- 31- 2010.docx
Attachment No. CC 2
Copy of Council Policy K -6
I
a
Changes to the Santa Ana Heights Specific Plan
or to aspects of the General Plan
that relate to the Santa Ana Heights Specific Plan
Purpose: The purpose of this Policy is to establish a process for City staff and
others to follow when staff, community groups, or residents propose a change to
the Santa Ana Heights Specific Plan. A Pre- Annexation Agreement dated
September 10, 2002 between the City and the County of Orange (its Board of
Supervisors and the Orange County Development Agency) generally directs that
written consent of the County be obtained before an amendment to the Santa
Ana Heights Specific Area Plan or any changes to the City's General Plan that
relate to the Santa Ana Heights Specific Plan can become effective.
Policy: It is the policy of the City that this process be followed when considering
any amendment to the Santa Ana Heights Specific Plan or any amendment to
the City's General Plan that may relate to the Santa Ana Heights.Specific Plan:
1. The proponent of the amendment (City staff, City Council, the Santa Ana
Heights Project Advisory Committee [PAC], or individual residents) shall
request consideration of the specific amendment in writing with a letter
addressed to the City, the PAC and to the Orange County Board of
Supervisors.
2. If requested by the County, the PAC shall hold a public meeting to discuss the
proposed amendment. Following the public discussion, PAC shall conduct an
advisory vote on the proposed amendment.
3. The County shall be requested to offer its position on the proposed
amendment in any formal, public manner that the County sees fit.
4. If approved by the County, the City Council shall consider the proposed
amendment during a regular session of the City Council. The Council's
consideration of the proposed amendment shall comply with the Newport
Beach Municipal Code and the City Charter as they relate to the adoption of
ordinances or General Plan amendments. Nothing in this Policy obligates the
City Council to approve any proposed amendment approved by PAC or the
County.
5. In the Coastal Zone, no amendment to the certified Local Coastal Program
shall become effective until adopted by the California Coastal Commission,
pursuant to the provisions of the California Public Resources Code and the
California Coastal Commission Administrative Regulations.
i aL
Attachment No. CC 3
Copy of Annexation Agreement with
highlighted sections that are relevant
and /or subject to revision
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PR&ANNEXATION AGREEMENT
THIS AGREEMENT, is entered into the 0 t day of . ' �, I' 2002 by and
between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter
referred to as "COUNTY ", the ORANGE COUNTY DEVELOPMENT AGENCY, a public body
corporate and politic, hereinafter referred to as the "AGENCY ", and the CITY OF NEWPORT BE
a charter city, hereinafter referred to as "CITY ".
RECITALS:
WHEREAS, the Board of Supervisors of the COUNTY acting pursuant to the Community
Redevelopment Law ( "CRL ") has adopted a redevelopment plan (the "Redevelopment Plan") for a
portion of the unincorporated territory of the COUNTY known as Santa Ana Heights ( the
unincorporated territory governed by the Redevelopment Plan is referred to in this Agreement as the
"Project Area "); and
WHEREAS, under.the CRL, the AGENCY is responsible for implementing and administering
the Redevelopment'Plan; and
WHEREAS, the COUNTY has adopted the Santa Ana Heights Specific Plan to regulate land u
and zoning within the Project Area (the "Specific Plan"); and
WHEREAS, the Redevelopment Plan specifies that the land uses permitted in the Project Area
will be those set out in the Specific Plan; and
WHEREAS, in August 2000 the CITY amended its General Plan to include the Specific Plan;
I
WHEREAS, the AGENCY and COUNTY desire that the land use and zoning regulations of the
Specific Plan continue in effect in order to encourage development in the Project Area that will generate
sufficient tax increment revenues to repay the redevelopment bonds issued by the AGENCY to finance
:apital projects in the Santa Ana Heights Project Area, and meet the AGENCY's obligation to contribute
o the repayment of the COUNTY'S bankruptcy recovery bonds in accordance with the provisions of
3ealth and Safety Code Sections 33670.9 and 33670.95; and
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9 WHEREAS, after annexation, the CITY desires that the AGENCY cooperate with the CITY in
acquiring land for and constructing a fire station in the Project Area; and
WHEREAS, the COUNTY and the CITY intend that, upon the effective date of the annexation
of the Annex Area to the CITY, and the CITY providing local municipal services to the Annex Area,
the property tax sharing between the COUNTY and the CITY shall be 70% of the current COUNTY
General Fund share of the 1% basic property tax levy to the CITY, and 30% to the COUNTY during
the time the AGENCY continues to receive tax increment from the Annexed Area pursuant to Health
and Safety Code Section 33670, and, once the AGENCY is no longer receiving tax increment from the
Project Area, the COUNTY and CITY shall thereafter share the property tax that the COUNTY would
have received if the annexation had not occurred, based on the allocation set out in the Master
Property Tax Agreement between the CITY and the COUNTY, to wit: 51.9378% to the CITY and
48.0622% to the COUNTY. In addition to the above, the CITY shall receive 100% of the property tax
revenues from the Annexed Area that, absent annexation, would have been apportioned to the Orange
County Library District and the Orange County Fire Authority; and
WHEREAS, AGENCY is desirous of purchasing a parcel of improved real property in the
Project Area, for purposes of a community center, which property will be turned over to the CITY upon
the completion of the annexation of the Annex Area by the CITY; and
WHEREAS, the CITY is proposing to annex and/or reorganize currently unincorporated
territories adjacent to or within the CITY'S western and northern sphere of influence, including a
portion of the Project Area (the portion of the Project Area proposed to be annexed to the CITY is
referred to in this Agreement as the "Annex Area'); and
WHEREAS, if the Annex Area is annexed to the CITY, the COUNTY and the AGENCY desire
assurances from the CITY that the land use regulation applicable to the Annex Area will remain as
specified in the Specific
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WHEREAS, CITY agrees to accept title to the property that AGENCY acquires for a c
center, and thereafter use and maintain the property as a community center, and, upon CITY's
acceptance of title, CITY shall pay all use and maintenance costs connected therewith.
NOW THEREFORE, in consideration of the above recitals and of the mutual covenants and for
other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the
COUNTY, AGENCY and CITY agree as follows:
1. OBJECTIVES AND INTENT.
I.I. Objectives. The objectives of this Agreement are:
11.,3 w �nst�tha[ �# ertj, eann�xat�on` ofe�anexP�rea {b3+#�ey�tty,theJan�s�eand;
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1.1.2. Preserve the AGENCY'S tax increment revenues from the Annex Area after its
annexation by the CITY in order to repay the AGENCY'S redevelopment bonds
issued to finance Project Area capital projects and contribute to the repayment of
the COUNTY'S bankruptcy recovery bonds.
1.1.3 Provide AGENCY cooperation and contribute AGENCY funding for the
acquisition of land, (or provide AGENCY land, if suitable), for, and construction
of, a fire station in the, Annex Area after its annexation to the CITY.
1.14 To provide the Santa Ana Heights and Newport Beach residents with a suitable
community center to use for community activities and programs.
23 1.2. Intent. The COUNTY, AGENCY and CITY, through this Agreement, intend to
24 1 establish the rights, obligations and duties of each of them after the CITY'S annexation of the Annex
25 Area in order to accomplishment the objectives of this Agreement.
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9 submitted to COUNTY and AGENCY foc,reyiew:and approval.
11 3. VARIATION FROM MASTER PROPERTY TAX AGREEMENT.
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12 3.1. The provisions of the Master Property Tax Agreement between the COUNTY and the
Boo 13 CITY notwithstanding:
og° .14 (a) The COUNTY and the CITY agree that, upon the effective date of the annexation
15 of the Annex Area to the CITY, and the CITY providing local municipal services to the Annex Area,
to.
16 the property tax sharing between the COUNTY and the CITY shall be 70% of the current
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17 (preannexation) COUNTY General Fund share of the 1% basic property tax levy to the CITY, and
18 30% to the COUNTY during the time the AGENCY continues to receive tax increment from the
19 Annexed Area pursuant to Health and Safety Code Section 33670,x"' -' .1k 1ft ei n the vent 4�e' ,
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23 °,,3te�I�4�'sr6 prop;ert� talc levy to the CTi'I' atid70`to tfie�OIIIVTY. > ='
24 (b) Once the AGENCY is no longer receiving tax increment from the Project Area, the
25 COUNTY and CITY shall thereafter share the property tax that the COUNTY would have received if
26 the annexation had not occurred, based on the allocation set out in the Master Property Tax Agreement
27 between the CITY and the COUNTY, to wit: 51.9378% to the CITY and 48.0622% to'the COUNTY,
28 OtOW Ap#&y bt n „the ev8grffthe CTd Y, iruzolagonyoi Section 2 t ,^a t nds tts {�gFail? a p
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(c) I", Itt adiIibAtr`t a above, the CITY shall receive 100% of the property tax
revenues from the Annexed Area that, absent annexation, would have been apportioned to the Orange
County Library District and the Orange County Fire Authority.
(d) COUNTY and AGENCY agree, from the effective date of this Agreement
forward, AGENCY shall not issue redevelopment bonds backed by tax increment revenue from
territory that includes the Annex Area unless the bonds terminate before 2036.
The CTTY recognizes and acknowledges that so long as the AGENCY receives tax increment
pursuant to Health and Safety Code Section 33670, the forgoing allocation of property taxes between
the COUNTY and CITY applies only to those property taxes allocable to the COUNTY and CITY
pursuant to subsection (a) of Health and Safety Code Section 33670 and that the balance of the
property taxes form the Annex Area will be allocated to the AGENCY as tax increment pursuant to
subsection (b) of Health and Safety Code Section 33670.
4. AGENCY COOPERATION TO ACQUIRE AND CONSTRUCT A FIRE STATION IN
SANTA ANA HEIGHTS.
4.1. After the annexation of the Annex Area by the City, the AGENCY shall cooperate with
and assist the CITY in locating and financing the acquisition of suitable land for a fire station to serve
Santa Ana Heights, adjacent unincorporated areas (via mutual and automatic aid), and John Wayne
Airport.
4.2. After annexation of the Annex Area by the CITY, the AGENCY shall cooperate and
assist the CITY in financing the construction of a fire station to serve Santa Ana Heights, adjacent
unincorporated areas (via mutual and automatic aid), and John Wayne Airport.. After its construction,
the CITY, at its sole cost, will equip and operate the fire station.
4.3. The parties understand and agree that the AGENCY's financing of the costs of the land
For and construction of the fire station is subject to and will require public hearings and the making of
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findings pursuant to Health and Safety Code Sections 33445 and 33679 and that they will cooperate to
hold the requisite hearings and make the findings before the Board of Supervisors of the COUNTY and
City Council of the CITY so as to satisfy the requirements of Health and Safety Code Section 33445 an,
33679.
5. AGENCY COOPERATION TO PROVIDE LAND FOR COMMUNITY CENTER
5.1. After the annexation of the Annex Area by the CITY, the AGENCY shall cooperate with
and assist the CITY in locating and financing the acquisition of suitable land for a community center to
serve the Annex Area as well as the balance of the Project Area.
5.2. Once the property for the community center property has been identified, acquired by the
AGENCY and conveyed to the CITY, the CITY will, at the CITY's sole cost, make all improvements to
that property necessary for its use as a community center and shall operate the property as a community
center. The AGENCY deed of the property to the CITY shall contain a right of reverter giving the
AGENCY the right to revest title to the property in the AGENCY in the event the CITY fails to operate
the property as a community center for a period of at least six consecutive months.
5.3. The parties understand and agree that the AGENCY's financing of the costs of the land
for the community center is subject to and will require the making of findings pursuant to Health and
Safety Code Section 33445 and that th ey will cooperate to facilitate the making of the requisite findings
before the Board of Supervisors of the COUNTY and City Council of the CITY so as to satisfy the
requirements of Health and Safety Code Section 33445.
6. MISCELLANEOUS PROVISIONS
6.1. Entire Agreement.
This Agreement constitutes the entire Agreement between the parties with respect to the
Matters stated herein. All previous proposals, offers, discussions, preliminary understandings, and other
,ommunications relative to this Agreement, oral or written, are hereby superseded, except to the extent
hat they have incorporated into this Agreement No exceptions, alternatives or substitutes of any of the
erms, conditions and/or provisions of this Agreement shall be considered valid unless specifically agree
o in writing by both parties.
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1�Yo 2lteratton orYanafroia of the terms o this Ag[eemen? hall be valydrtess made
gad srgned°tiy2he parq no oral understanding or agreement not incorporated herein shall be
binding on either of the parties.
6.3. Consent To Breach Not Waiver.
No term or provision of this Agreement shall be deemed waived and no breach excused,
unless such waiver or consent shall be in writing and signed by the party claimed to have waived or
consented.
Any consent by any party to, or waiver of, a breach by the other, whether express or
implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent
breach.
6.4. Specific Performance.
The parties acknowledge that monetary damages would be inadequate to remedy any
breach of this Agreement by either party. Accordingly, the parties agree that any breach of this
Agreement shall entitle the non - breaching party to file an action for specific performance in a court of
competent jurisdiction. In no event shall either party be liable for monetary damages in the event of a
breach of this Agreement.
6.5. Counterparts.
This Agreement may be executed by the parties in counterparts, which counterparts shall
be construed together and have the same affect as if all of the parties had executed the same instrument.
6.6. Further Actions and Instruments.
Each of the parties shall cooperate with and provide reasonable assistance to the other to
the extent contemplated by this Agreement to achieve the objectives of this Agreement... Upon the
request of either parry at any time, the other party shall promptly execute, with acknowledgement or
affidavit if reasonably required, and file or record instruments and writing. The parties shall also take
my action as may be reasonably necessary under the terms of this Agreement to carry out the intent and
o achieve the objectives of this Agreement.
6.7. Indemnification:
758\08\1 60800.4
.... . .. . .... .. . ... ..
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I CITY shall defend, indemnify, and hold harmless the COUNTY, the AGENCY, and its
i 2 officers, employees and agents with respect to any claim, damage, loss, cause of action, lawsuit or
3 proceeding that arises out of or is in any way related to any act or omission by CITY or its officers,
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4 employees or agents in the performance or non - performance of any duty or obligation pursuant to this
5 Agreement. COUNTY and AGENCY shall defend, indemnify, and hold harmless the CITY and its
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6 officers, employees and agents with respect to any claim, damage, loss, cause of action, lawsuit or
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7 proceeding that arises out of or is in any way related to any act or omission by COUNTY, AGENCY or
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8 its officers, employees, or agents in the performance or non - performance of any duty or obligation
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9 pursuant to this Agreement.
10 6.8. General Law and Venue.
11 This AGREEMENT has been negotiated and executed in the state of California and shall
d 12 be governed by and construed under the laws of the state of California. In the event of any legal action
`;
13 to enforce or interpret this AGREEMENT, the sole and exclusive venue shall be a court of competent
`o0 14 jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit
W�
F15 to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, di
16 parties specifically agree to waive any and all rights to request that an action be transferred for trial to
17 another county.
18 6.9. Waiver of Jury.
19 Each party acknowledges that it is aware of and has had the opportunity to seek advice of
20 counsel of its choice with respect to its rights to trial by jury, and each party, for itself and its successors,
21 creditors, and assigns, does hereby expressly and knowingly waive and release all such rights to trial by
22 jury in any action, proceeding or counterclaim brought by any party hereto against the other (and/or
23 against its officers, directors, employees, agents, or subsidiary or affiliated entities) on or with regard to
24 any matters whatsoever arising out of or in any way connected with this Agreement and/or any other ,
25 claim of injury or damage.
26 6.10. Heading/Severability.
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The various headings and numbers herein, the grouping of provisions of this Agreement
into separate clauses and paragraphs, and the organization hereof are for the purpose of convenience
only and shall not limit or otherwise affect the meaning hereof.
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.
6.11. Interpretation.
This Agreement has been negotiated at arm's length and between persons sophisticated
and knowledgeable in the matters dealt with in this Agreement. In addition, each party had been
represented by experienced and knowledgeable independent legal counsel of their own choosing or has
knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so.
Each party further acknowledges that they have not been influenced to any extent whatsoever in
executing this Agreement by any other party hereto or by any person representing them, or both.
Accordingly, any mile or law (including California Civil Code Section 1654) or legal decision that wouh
require interpretation of any ambiguities in this Agreement against the party that has drafted it is not
applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable manner
to effect the purpose of the parties and this Agreement.
6.12. Authority.
The parties to this Agreement represent and warrant that this Agreement has been duly
authorized and executed and constitutes the legally binding obligation of their respective organization or
entity, enforceable in accordance with its terms.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year dated below.
DATED: !D 2002 COUNTY OF ORANGE, a political
subdivision of the State of California
By ji� f
azr of Its Board opervisors
"COUNTY
and
DATEQ,:— . / d , 2002
ORANGE COUNTY
DEVELOPMENT AGENCY, a public body
corporate and politic
By�t�G+
Chair of Its Board of Supervisors, Acting
as the chair of the Board of the Orange County
Development Agency
"AGENCY"
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIR OF THE BOARD AND THE
CHAIR OF THE BOARD ACTING AS THE
ORANGE COUNTY DEVELOPMENT AGENCY
DARLENE J. BLOOM
Clerk of the Board of Supervisor
County of Orange, California
APPROVED AS TO FORM:
COUNTY COUNSEL
By
Robert \L. Austin, Deputy
DATED:
DATED: % 2002
1175WW60800.4
CITY OF NEWPORT BEACH
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Mayor of the City of Newport Beach
APPROD AS TO FORM:
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