HomeMy WebLinkAboutORANGE COAST MARKETING COALITION AGRMT - 1997-05-05Page 10 - Council/Agency Agenda - 05/05/97 (10)
E-9. C e Coast Marketing —Coalition—Agreementfletwepn CQuntv_Of Los
Angeles, County Of Orange, State Of Cali 'a Va ' Cities -To Soligitdi
Flayjpment Etc, For Beach Maintenance. Parking &Lifeauar Qperations (600.40) -
Approve the Orange Coast Marketing Coalition Agreement between the City and Los
Angeles County, Orange County, State of California and the cities of Newport Beach,
Laguna Beach, and San Clemente and authorize execution by the Mayor and City Clerk.
Submitted by the Community Services Qirecto
[Approved 7-0]
E-10. (City Council)Deferred EromAp 'l 2 - BQMeen City And!2rang
County Transp!2[tat.'LpnAuthQrRy—For-Fund Exchange (600.25) -Approve and
authorize execution by the Mayo;[City A dminis tra tor]and City Clerk of the
Agreement between the City and Orange County Transportation Authority for Fund
Exchange. Submitted W the Deputy Qitymi i t i i r 'v li
Works Dirgc1or__9n_dAssistant City AdministraIgr
[Approved 7-0]
E-11. (Rgdgvelgpment Agency) "Approval As To Form" Of Office Space_Lease.Bgtween
Abdelmuti.DeyeLopment Comp_a y AndClearyiew Capital Corporation - Ocean View
Promenade -_101 Main Street (600.30) - Approve as to Form the Office Space Lease
between Abdelmuti Development Company as Landlord and Clearview Capital Corporation
as Tenant for office space within the Oceanview Promenade. S!jbmitted by Ihei
Deve IonmentQrector
[Approved 6-9 -- (Sullivan -- NO)]
E-12. (City_ CouncliMpprov_aLOf P_ a i g Staf{j3ecommendationTha_tRevised Conditional
Use Permit No. 25-79!& Variance -2 BQ Referred Tg The-ENanning Commission
For Public Hearing -Three $fory_Hous.Q 18741 Jockey Circle - s1w Ellis -Avenue &
Saddleback Lane - In Connection With Appeal Of Planning Commissiorfa Denial Of
Said -Permits- (420.40) - Refer revised Conditional Use Permit No. 96-79 (C.U.P.) and
Variance No. 96-27 to the Planning Commission for public hearing. Appellant: Gilda
Keshavarzian & Mahavesh Keyvanazar; Ap lg icant: Gilda Keshavarazian; Request: To
refer a revised plan to the Planning Commission for their cons'deration. The revised plan is
for an 8,587 square feet, two story, 35 foot high, single family dwelling with variances to
permit an eight (8) foot setback in lieu of minimum 50 feet and to exceed the maximum two
(2) foot cut and fill grading limitation. The revised plan eliminates the need for the original
height variance. Location: 18741 Jockey Circle (at the terminus of Jockey Circle, southwest
of Ellis Avenue and Saddleback Lane); and Environmental Status: Categorically exempt
from the provisions of the California Environmental Quality Act. The tentative Planning
Commission hearing date is May 13, 1997. Submitted by the Communiiy Development
Qireclg
[Approved 7-0]
(10)
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Councii/Agency Meeting Held: 5 &3 97
Deferred/Continued to:
f"Approved 0 Conditionally Approved O Denied
G c o . yo
XleoD City Cle s Signature
Council Meeting Date: 515197
Department ID Number; CS 97-013
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrat ✓j
PREPARED BY: RON HAGAN, Director, Community Service
SUBJECT: ORANGE COAST MARKETING COALITION AGREEMENT
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Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: There is a potential for the city to raise additional revenue to offset
operating costs and budget reductions by entering into an agreement with other beach cities
to create an Orange Coast Marketing Coalition to solicit funding, equipment, etc. for beach
maintenance, parking, and lifeguard operations.
Fundina Source: Not applicable. NOTE: The purpose of the agreement is to bring funding
and equipment to the city. Los Angeles County Marketing Division (LACMD) would receive
fifteen percent of funds and/or ten present of the fair market value of the equipment as
mutually agreed upon as its fee for providing these services. The city has the option of
participating in every opportunity presented by LACMD. These decisions would be made by
the City Council.
Recommended Action: Approve the agreement with Los Angeles County Marketing
Division for the Orange Coast Marketing Coalition, and authorize the Mayor and City Clerk
to execute same.
Alternative Action(s): Do not take advantage of the opportunity to participate in the
LACMD marketing coalition.
Analysis,: City staff has been working with other beach cities for over a year to take
advantage of the marketing opportunities of the beaches. There are companies that are
interested in providing funds or equipment to the city. This would be similar to the Simple
Green Adopt•a-Beach program and the Chevrolet contract in which the city currently
participates. Staff time is not available to actively pursue such opportunities on a regular
basis. Los Angeles County Marketing Division has been successful in providing this service
to the Los Angeles area. They are willing to provide the same service to Orange Coast
beach cities under the proposed umbrella agreement. They would receive fifteen percent of
r
REQUEST FOR COUNCIL ACTION
MEETING DATE: 515197 DEPARTMENT ID NUMBER: CS 97-013
any funds or ten percent of the fair market value as mutually agreed upon of any equipment
provided by a sponsor. Each opportunity stands alone on its own merit. The city determines
on a case by case basis whether it wishes to participate in the proposals presented by Los
Angeles County Marketing Division. This is a significant opportunity for the city to provide
additional revenue and offset budget cuts that have severely impacted the beach operation
including maintenance and lifeguarding.
Environmental Status: Not applicable
City Clerk's
Page Number
Agreement
0024022.01 -2- 04/30/97 4:09 PM
0, CITY OF HUNTINGTON BEACH
' 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED 13Y THE
CITY COUNCII.IREDEVELOPINIENT AGENCY APPROVED ITENI
DATE: JJ 0 144
Dame
Ct. State, Zip
ATTENTION
REGARDING -
See Attached Action Agenda Item e' Date of Approval 99
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your RecordsPAVJ
Connie Brockti:ay
City Clerk
Attachments: Action Agenda Page Agreement Bonds Insurance
RCA Deed Other
Remarks:
CC: fen J44�j�•
.
N Department
RCA
Agreement Insurance Othcr
Name Department
RCA
Agreement Insurance Other
Name Department
RCA
Agreement Insurance Other
Risk Management Department Insurance Copy
G. Followup'agrmts'lranshr
(Tale phone: 714.536$227)
'70 4fi2
• AGREEMENT NO.
ORANGE COAST MARKETING COALITION AGREEMENT
THIS AGREEMENT is made and entered into this day of
YU*— 1997,
BY AND BETWEEN COUNTY OF LOS ANGELES#
specifically through the
Department of Beaches and
Harbors, a body corporate and
politic, hereinafter referred
to as "LOS ANGELES COUNTY";
AND CITIES of Huntington Beach,
Newport Beach, Laguna Beach,
and San Clemente, all
municipal corporations or
general law cities,
hereinafter collectively
referred to as "CITIES";
AND COUNTY OF ORANGE, specifically
the Environmental Management
Agency through its Harbors,
Beaches and Parks Function, a
political subdivision of the
State of California,
hereinafter referred to as
"ORANGE COUNTY";
AND STATE OF CALIFORNIA,
specifically through the
Department of Parks and
Recreation, hereinafter
referred to as "STATE".
RECITALS
WHEREAS, CITIES, ORANGE COUNTY and STATE are responsible for the
management of coastline within Orange County and the northerly
portion of San Diego -County; and
WHEREAS, CITIES, ORANGE COUNTY and STATE are experiencing
declining revenues and increasing costs in providing public
safety services and beach maintenance; and
LIM
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WHEREAS, CITIES, ORANGE COUNTY and
increasing revenue to defray said
a marketing program; and
STATE are desirous of
costs through implementation of
WHEREAS, STATE legislation, including but not limited to
California Government Code Sections 26109 and 26110, allows
counties to market their assets through advertising, sponsorship,
and licensing; and
WHEREAS, STATE may authorize advertising, sponsorship and
licensing activities on its real and personal property and may
enter into agreements relating thereto pursuant to Public
Resources Code Sections 5009.1 and 5009.2; and
WHEREAS, -ORANGE COUNTY may authorize advertising, sponsorship and
licensing activities on its real and personal property and may
enter into agreements relating thereto pursuant to Sections 26109
and 26110 of the California Government Code and Division 5,
Section 2-5-127 of the Codified Ordinance of the County of
Orange; and
WHEREAS, the City of Newport Beach may authorize advertising,
sponsorship and licensing activities on its real and personal
property and may enter into agreements relating thereto pursuant
to Article 2, Section 200 of the Newport Beach City Municipal
Code; and
WHEREAS, the City of Huntington Beach may authorize advertising,
sponsorship and licensing activities on its real and personal
property and may enter into agreements relating thereto pursuant
to Chapter 13.56 of the Huntington Beach City Municipal Code; and
WHEREAS, the City of Laguna Beach may authorize advertising,
sponsorship and licensing activities on its real and personal
property and may enter into agreements relating thereto pursuant
to Article XI, Section 7 of the California Constitution and
Government Code Sections 37350 and 37351; and
WHEREAS, the City of San Clemente may authorize advertising,
sponsorship and licensing activities on its real and personal
property and may enter into agreements relating thereto pursuant
to Article XI, Section 7 of the California Constitution and
Government Code Sections 37350 and 37351; and
WHEREAS, the parties hereto have determined that it would be in
their best interest to enter into an Intergovernmental Marketing
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Agreement pursuant to the authority contained in Section 6502 of
the California Government Code to form a regional marketing .
coalition, to be known as the Orange Coast Marketing Coalition
(the "COALITION"), for the purpose of obtaining additional fiscal
revenue from asset marketing, advertising, sponsorship, and
licensing at beach and other publicly -owned venues which -are
owned by CITIES, ORANGE COUNTY and STATE; and
WHEREAS, LOS ANGELES COUNTY has the experience, ability and
resources to assist CITIES, ORANGE COUNTY and STATE in their
marketing efforts; is willing to negotiate on behalf of the
members of the COALITION as defined hereinbelow; and will itself
benefit -by such marketing efforts either directly through its
receipt of a percent of the cash revenue paid or a percent of the
fair value of products provided to COALITION members in marketing
agreements and/or indirectly through the increased potential
revenue that can be realized from coordinated marketing
activities for the combined coastline area located.in Orange
County, northerly San Diego County and Los Angeles County; and
WHEREAS, by entering into this Intergovernmental Marketing
Agreement, the parties to this agreement expect to realize higher
revenues from packaged marketing programs and to reduce
associated costs through the elimination of duplicative marketing
efforts on the part of the parties and elimination of the need
for. CITIES, ORANGE COUNTY and STATE to maintain specialized
marketing personnel on staff; and
WHEREAS, this agreement is authorized by law; and
WHEREAS, CITIES, ORANGE COUNTY and STATE understand that LOS
ANGELES COUNTY has an existing marketing plan pursuant to which
it seeks sponsors for advertising, sponsorship and licensing
activities on its property which are the same or similar to those
contemplated herein and that this agreement in no way limits LOS
ANGELES COUNTY or its personnel involved in providing services to
the COALITION from speaking to potential sponsors of COALITION
projects about marketing opportunities that are available in LOS
ANGELES COUNTY or from entering into separate agreements with
such sponsor(s).
NOW, THEREFORE, LOS ANGELES COUNTY, CITIES, ORANGE COUNTY, and
STATE, in consideration of the conditions and terms herein and
the mutual benefits to be realized by the parties hereto, agree
as follows:
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?A-0 .,,e ar.
I. Definitions: The following definitions shall apply to
the terms used in the agreement:
A. COALITION SPONSOR: shall Mean a business enterprise
(including corporation, partnership, sole
proprietorship and any other entity used for the
conduct of business) which has commenced negotiations
to enter into a particular class of advertising,
sponsorship or licensing agreement with the COALITION,
and in which it is contemplated that the business
enterprise shall provide compensation in the form of
money and/or products (including advertising and
intangible property rights) to a member or members or
the COALITION for value.
B. MARKETING AGREEMENT: shall mean a written advertising,
licensing or sponsorship agreement involving the use,
on a temporary or permanent basis, of tangible or
intangible property of one or more of the COALITION
members with a COALITIONi SPONSOR.
C. INDIVIDUAL MARKETING PROGRAM: shall mean a plan agreed
to by one or more COALITION members with the intention
of entering into a particular MARKETING AGREEMENT,
including all efforts from initiating a search for and
identifying a COALITION SPONSOR to negotiating and
finalizing contract terms, directed at culminating in a
MARKETING AGREEMENT.
D. COALITION AREA: shall mean all of the territory
included within the jurisdictional boundaries of
CITIES, ORANGE COUNTY, and the portion of STATE which
lies with Orange County and a northerly portion of San
Diego County, and to the extent that additional cities,
counties and STATE subsequently join the COALITION, the
territory within the jurisdictional boundaries of said
city(ies), county(ies) and STATE.
II. By entering into this agreement, the parties form the
COALITION, comprised initially of CITIES, ORANGE COUNTY, STATE
and LOS ANGELES COUNTY.
III. Each entity which has executed this agreement shall be
a member of the COALITION. Each member of the COALITION shall
designate staff representative(s) to act on its behalf in
4
conducting COALITION business, including, without limitation,
developing a marketing strategy,, reviewing marketing proposals,
presenting such proposals to the members' respective governing
bodies which possess the authority to approve all MARKETING
AGREEMENTS, i.e., City Council, Board of Supervisors or District
Superintendent, and performing other administrative duties.
IV. Participation by a COALITION member in INDIVIDUAL
MARKETING PROGRAMS is voluntary. A member may decline to
participate in any COALITION. program without affecting its
participation in future programs. However, a COALITION member
who has not assented in writing to the services of LOS ANGELES
COUNTY in relation to a specific INDIVIDUAL MARKETING PROGRAM,
shall not enter into any MARKETING AGREEMENTS with any COALITION
SPONSOR within the confines of the COALITION AREA with respect to
that particular INDIVIDUAL MARKETING PROGRAM.
V.. The COALITION shall develop a marketing strategy that
identifies types of sponsorship; advertising and asset marketing
licenses it wishes to pursue which are in accordance with any
applicable laws and that meet the primary criteria of:
A. Directly supporting the public service mission of each
COALITION member; and
B. Not interfering with the public's enjoyment or use of
any beach, harbor or other public facilities within the
COALITION AREA; and
C. Representing the COALITION SPONSOR and each.COALITION
member in a positive manner; and
D. Providing revenue and/or reducing operational costs
associated with public services.
VI. LOS ANGELES COUNTY, due to its experience and marketing
expertise, shall act on behalf of the COALITION and its
individual members in soliciting and negotiating proposals for
MARKETING AGREEMENTS within the limits of this agreement. The
parties agree that LOS ANGELES COUNTY shall:
A. Solicit proposals based upon the COALITION marketing
strategy and negotiate terms and conditions for
potential MARKETING AGREEMENTS for presentation to
COALITION members; and
`rl
B.• Prepare all proposals and MARKETING AGREEMENTS for
approval by COALITION members' representative governing
bodies, including City Ccuncils, Board of Supervisors
or District Superintendent. Notwithstanding the above,
LOS ANGELES COUNTY shall not provide legal services to
other COALITION members in connection with the
preparation of any such documents. COALITION members
are responsible for obtaining the review and approval
of all such documents by their own respective legal
counsel; and
C. Make presentations to COALITION members' executive
management and/or governing bodies as required; and
D. Collect and disburse the monetary compensation and/or
products to which any COALITION member is entitled
under any MARKETING AGREEMENT covered by this
agreement. Compensation and/or product disbursement
shall be based on criteria established and agreed upon
by COALITION members as part of the review and approval
process for each individual MARKETING AGREEMENT. All
disbursements shall be subject to audit by COALITION
members if requested; and
E. Prepare and distribute to each COALITION member a
biannual report of all receipts and disbursements
handled by LOS ANGELES COUNTY as a result of COALITION
MARKETING AGREEMENT activity during the year in
question; and
F. Monitor and administer the approved MARKETING
AGREEMENTS on behalf of COALITION members, including,
but not limited to: serving as the liaison between
COALITION members and COALITION SPONSORS; serving as
the contact for the media; problem -solving; and
negotiating options, renewals and rebids.
VII. Compensation to LOS ANGELES COUNTY under this agreement
shall be limited to a percentage of the compensation paid and the
fair value of products provided by a COALITION SPONSOR under any
approved MARKETING AGREEMENT. Such compensation shall be
calculated as follows:
A. 15% of gross marketing revenue received if paid in
cash; and
2
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B.• 10% of the fair value, as mutually determined by the
applicable COALITION members, of any products provided.
VIII. New members may be added to the COALITION by a vote of
the parties to this agreement. New members shall agree to abide
by the terms and conditions of this agreement. New members shall
be entitled to all benefits afforded COALITION members under this
agreement. Once approved by a majority vote of COALITION
members, addition of new COALITION members shall be accomplished
through the use of a standardized form executed on behalf of the
COALITION by its authorized representative, who shall be the
Director of the LOS ANGELES COUNTY Department of Beaches and
Harbors, in substantially the same form as is attached -hereto as
Exhibit A.
IX. CITIES, ORANGE COUNTY and STATE shall,- to the fullest
extent allowed by law, indemnify, defend and hold harmless LOS
ANGELES COUNTY, its agents, officers and employees from and
against any and all liability of any sort arising from, or in any
way connected with, the performance by LOS ANGELES COUNTY of any
of its various tasks under the terms of this agreement, except
for its negligent acts or omissions or willful misconduct.
X. LOS ANGELES COUNTY shall, to the fullest extent allowed
by law, indemnify, defend and hold harmless CITIES, ORANGE,
COUNTY, and STATE, its agents, officers and employees from and
against any and all liability of any sort arising from, or in any
way connected with, the performance by LOS ANGELES COUNTY of any
of its various tasks under the terms of this agreement, except
for its negligent acts or omissions or willful misconduct.
XI.. The term of this agreement shall be three (3) years
commencing from the date that the last party hereto has fully
executed the agreement.
XII. Any party to this agreement may terminate its
participation in the COALITION upon giving 30-days written notice
to each of the other COALITION members. However,.such
termination shall not apply to any existing MARKETING AGREEMENT
to which the terminating party is a signatory. Rather, any such
MARKETING AGREEMENT shall terminate in accordance with its
specific terms. Notice of intent to terminate shall be delivered
to each COALITION member's authorized representative at the
address identified on the signature page. Authorized
representative and address changes shall be made in writing and
sent to each other COALITION member.
7
XIII. Except for the application of paragraph IX, above,
no party herein shall be held responsible for the actions of
otter members of the COALITION which may be actionable under law.
XIV. LOS ANGELES COUNTY makes no representations or warranties,
express or otherwise, that a particular level of revenue will be
achieved for the COALITION or any member thereof by or through
its performance hereunder.,
XV. The parties agree to waive any requirement that might
otherwise exist for LOS ANGELES COUNTY to obtain an official bond
due to its anticipated receipt and disbursement of revenue or
products for COALITION members as contemplated by paragraph VI.D
of this agreement.
XVI. This agreement contains the entire understanding among
the parties to this agreement relating to the subject matter
herein contained. Any amendment to this agreement must be agreed
to in writing by each of the parties.
XVII. Each of the undersigned signatories warrants and
guarantees that she or he has the power and authority to execute
this agreement upon the terms and conditions stated herein, and
that the public entity that she or he represents has the
requisite power and authority to enter into this agreement and
the MARKETING AGREEMENTS which are contemplated herein. Each
party participating in this agreement and the MARKETING
AGREEMENTS contemplated herein agrees to indemnify and hold
harmless each other party from any and all damages, costs, and
expenses which result from a failure of the signatory for such
party to have possessed the requisite authority to have executed
this agreement or from a failure of such party to have possessed
the power and authority to enter into this agreement and the
MARKETING AGREEMENTS contemplated herein.
N
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IN WITNESS WHEREOF, the County of Los Angeles, by order of its
Board of Supervisors, has caused this agreement to be executed on
its behalf by the Chair of said Board and attested by the Clerk
thereof on the day and year above first written, and each of the
other parties will execute this agreement on a separate signature
page on the day and year set forth following the signature of
their officers who have been duly authorized to sign this
agreement.
COUNTY OF LOS ANGELES
Chair, Bo d of Supervisor
ATTEST:
JOANNE STURGES
Executive Officer
d erk of th -Board of Supervi.,
Depi4ty
APPROVED AS TO FORM;
DEWITT W. CLINTON
County Counsel
ORIGIN L SIGNED
Deputy
ADOPTED
BOARD OF SMIRVIS AS
CMhrr CC Las arK^Etes
Y 10 DEC 171996
0V JOANNE aES V
EXECUTIVE OFFICER
0
ORANGE COAST MARKETING COALITION MEMBER
AGREEMENT NO. 70116.;� entered into this 5-h� day of
W)eA�- 1997,.
IN WITNESS WHEREOF, each party hereto has -executed this Orange
Coast Marketing Coalition Agreement on the date set forth above.
By:
Signature of Authorized Person 3je/97
N.
?a L Phl R Aa Er —
Print the Name of Authorized Person
"'% Y D r2
Title of Authorized Person
C_rT DF /gk&rriv6-r-a1V 62eiiOH
Nam4 of Agency
-106 0 (Y).!}r;u ST.
Address
City Zip Code
10
EXHIBIT A
AGREEMENT NO. 70z14a , entered into this _ 5 da of
1992.
WHEREAS, there is currently in operation an intergove ental
marketing coalition known as the Orange Coast Market g
Coalition; and
WHEREAS (new member) is desirous of inclusion i the Orange
Coast Ma eting Coalition and is authorized to gage in
advertisin , sponsorship and licensing activit es on its real and
personal pr arty and may enter into agreemen s relating thereto
pursuant to et forth authority).
IT IS HEREBY AG?EED to as follows:
By signing this ag ement, (new member) grees to become subject
to and abide by all Nhe terms and cond ions of the Orange Coast
Marketing Coalition A eement, which s incorporated herein by
reference in its entireNV.
By signing this agreement, the Ora ge Coast Marketing Coalition
agrees to make the same mar ting opportunities available to (new
member) as are available to o her members of the Coalition.
IN WITNESS WHEREOF, the parts ereto have executed this
agreement on the date set fo h a ve.
By; G2 7Y GN7
Signatur of Authorized rson ame of Agency
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Print the Name of Authbrized Person Addre s
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Title of Authorize 5KPerson 2City Zip Code
AUTHORIZED REgE!TING
TATIVE OF THE
ORANGE COAST COALITION �++� ;1�, =yY
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Director o ros Angeles County Department of ieaches and Harbors
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06/23/97 XON 10:00 F.0 310 821 6343 LACO BCHS & HBRS
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County of Los Angeles
Department of ,beaches
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MUTER W. POPOFF -Marketing Section
13837 Fiji Wiry
Marina del Rey, CA 90292,;
310-305-9563
Far 310-821-6345
FAX TRANSMISSION COVER SHEET
Date:
To: 7� 6- ►� e, e
Dept.X iv: G e r K S
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Comments:
Sender: WALTER POPOFF
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IN WITNESS WHEREOF, the County of Los Angeles, by order of its
Board of Supervisors, his caused this agreement to be executed on
Its behalf by the Chair of said Board and attested by the Clerk
thereof on the day and year above first written, and each of the
other parties will execute this agreement on a separate signature
page on the day and year set forth following the signature of
their officers who have been duly authorized to sign this
agreement.
COUNTY OF LOS ANGELES
dJ _
Chair, soma of Supervi
t
ATTEST: +
JOANNE STURGES
Executive Officer
Clerk of the Board of Superviso ,,
Depq�y �.
ADOPTED
MARI) OF SUPiAY!MS
MOM OF Les u+ai.:,
APPROVED AS TO FORM: :X �, DEC 171996
DEWITT W. CLINTON �0����}�.•
County Counsel STURQSS"
�~ EXECUTIVE OFFICER
Deputy
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cidivery of thLst doc=w.t f= been da. y
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