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HomeMy WebLinkAboutStone and Youngberg - 1973-01-15 AMh CONTRACT E14PLOYING FINANCING CONSULTANT THIS AGREEMENT, made this „j�_ day o 19 Z by and between the City of Huntington Beach, a city duly organized under the laws of the State of California (hereinafter called "City"), party of the first part, and STONE & YOUNGBERG Municipal Financing Consultants, Inc. , One California Street, San Francisco, California, a corporation (hereinafter called. "Consultant"), party of the second part: "A"I T N E S S E T H: WHEREAS, City is considering :undertaking a program to acquire, improve and construct a public golf course and other recreational facilities, presently estimated ;`o cost $3,200,000; and WHEREAS, City desires to develop a feasible, economical and equitable plan of procedure in carrying through to completion the financing of said public improvements,. and WHEREAS, the preparation of such a plan and its execution require cer- tain studies, analyses and recommendations to be made by persons qualified. by training and experience to do so, and WHERL``�S, City, after due investigation and deliberation, has determined that Consultant is qualified by training and experience to perform said ser- vices; NOW, THEREFORE, it is mutually agreed as follows, to wit: City here by employs Consultant and Consultant hereby accepts such employment to perform the services, upon the terms, subject to the conditions and in of payments as hereinafter set forth �1� r` Services to be Performed by Consultant: Consultant shall perform in a diligent manner the following services: 1. Assemble, review and analyze available data and information which may have_a nearing on a program for financing construc- tion of the proposed public improvements, 2. Based on the foregoing analysis, prepare and submit to City at Consultant's e',<pense, a written report containing, in addition to other information, the following: a. A general review and description of the proposed improve- ments, their pr"pose and benefits, their estimated capital and annual mai-`_enance and operation, costs and other pertinent information based primarily on data and information to be sup- plied by City. b.- A discussion as to applicable methods of financing such improvements, the advantages and disadvantages of each method and the general financing requirements or restrictions applicable to each method. c. A discussion as to available sources of revenues which might be used to amortize the indebtedness to be incurred for the capital costs of the improvements and to pay their an- nual maintenance and operation costs, their sufficiencies and recommendations as to alternates that appear to be desirable. IIL d. Recommendations as to a specific method of financing or alternates thereto if applicable, including tentative debt amortizo.tion schedules, estimated interest rates, application of revenues and other pertinent details relating to the indebt- edness to be incurred.' e. Illustrations and examples of the financial effects of the financing program on typical property owners, taxpayers and beneficiaries or users_of the improvements f. Recommendations as to further procedural steps to be taken and timing of actions. 3. Provide financing information and data which may be required in ocn nection with any governmental aids or grants which may be available to assist in the financing of the proposed public improvement project. 4. Prior to an election for the authorization of bonds to finance the pro- posed improvements, appear at a 'reasonable number of public meetings that maybe held by interested civic groups to explain the financial aspects of the program and provide factual information regarding tha project and the financing Program. -2- 5. If the issuance of bonds or other evidences of indebtedness to finance all or part of the costs of the proposed improvements is authorized at an election or otherwise, recommend to City the exact terms and conditions under which bonds are to be issued and sold, including timing and method of sale, final amortization or repayment schedules, call and redemption features, sinking fund requirements, application of revenues and other details. 6. Assist bond counsel in drafting the necessary resolution of issuance and notice of sale. 7. Upon approval by City of final financing details and upon direction by City to do so, prepare the text and other me,terialfor an official state- ment or bond prospectus describing the improvements, the bonds, their se- curity and the economic and financial background of the City. 8. Arrange for printing and distribution of the bond prospectus and other related material to a comprehensive list of prospective bond bidders. City shall reimburse Consultant for costs of printing and distributing the official statement and related material. 9. Effect direct personal contact with dealers and investors to stimulate interest in any bonds issued and advise on technical questions con- cerning financing. 10. Take such other steps as appear advisable toencourage strong com- petitive bidding for the bonds. Any charges by bond rating agencies and any charges for preparation of a debt statement shall be borne by City. 11. During the entire course of employment hereunder Consultant shall be available at reasonable times for consultation and advice relating to the financial aspects of the contemplated improvement program Payment for Services: 12.- For the services to be rendered hereunder City agrees to pay Consul- tant the following fees at the times and subject to the conditions specified a. A sum in an amount equal to $250 per manday for those ser- vices to be performed under Paragraphs 1, 2 and 3 hereof, provided, however, that the maximum fee due Consultant under this Paragraph 12(a) shall be $3,500 b. A further sum in an amount equal to one-half of one percent (1/2 of 1%) of the total amount of financing, to become-pay- able upon and subject to ,receipt by City of funds to finance all or a part of the proposed public imprm :ments. It is agreed and understood that any fees paid Consultant under Paragraph 12(a) above shall be deducted from those fees payable Consultant under this Paragraph 12(b) . It is further agreed and understood that such -3 total amount of financing shall not include the amounts of any governmental aids or grants obtained to assist in the financing of the proposed improvements unless Consultant is requested in writing by City to assist in obtaining such aids or grants. Other Considerations: 13, Consultant is employed hereunder to render a protessiona.l service within the scope of its training and experience as a municipal financing con- sultant and any payments made to it are compensation solely for such service and advice. Outside of its normal office overhead and traveling costs to and from its San Francisco office and City to perform the services contracted for, Consultant is not responsible for and shall not be held liable for any other expense or expenditure of any kind, including the following: a. Any and all legal or engineering expense of any kind whatever. b. Any and all expense in connection with hearings, proceedings and due issuance of bonds. c. Any printing, advertising, publicity, etc. , of such material or data as City may wish to have prepared in connection with Consultant's report or services herein provided for, except those specifically excluded herein. 14. Nothing herein contained shall prevent Consultant from carrying on its usual business activities, including the performances of other additional services for City, should it so desire such additional services, nor from per- forming similar services for other cities, districts or public entities. 15 City agrees that its officials and employees will be requested and di- rented to cooperate with and assist representatives of Consultant in every reasonable way to the end that Consultant may secure all information and data required to perform the services herein provided for. IN WITNESS WHEREOF, said City, party of the first part, has caused these presents to be properly executed, and said STONE & YOUNGBERG Muni- cipal Financing Consultants, Inc. , party of the second part, has caused these presents to be executed by one of its officers, as of the date hereinabove set forth, CITY OF HUNTINGTON BEACH, CALIFORNIA By ti Mayor ATTEST. STONE & YOUNGBERG Municipal Financing Consultants, Inc.- By �, wt-Z ss , taut Vice P mt STONE & YOUNGBERG MUNICIPAL FINANCING CONSULTANTS, INC. November 19 1973 The Honorable Mayor and City Council City of Huntington Beach City Hall Huntington Beach, California Gentlemen: Following completion of our report pertaining to the financing of the proposed Phas,- III Huntington Central Park Acquisition and Improve- ment Program, it was learned that the City might elect to ,proceed with a smaller project (115 acres), and/or contribute 2.0 acres of City-owned land to the project without seeking reimbursement from bond. p-roceeds Consequently, we wish to supplement our report of November 8, 1973 with the foi'owing information relative to the estimated bond issues and annur x lease payments that would be required to finance the alternate pro), cts as indicated, The basic criteria employed in the calculations are, the same as used in our financing report, ,with he further assumption that the value of any land deleted from the project reduces basic proj=ct costs by about $25,000 per acre, plus corresponding reductions in incidental costs. 1. Project of 150 acres, less cost of 20 acres contributed by City. Total Bond Issue $5,625,000 Annual Lease Payment $ 456,000 2. Same as No. 1,_ less cost of construction (financed by others) Total Bond Issue $4,575,000 Annual Lease Payment $ 370,000 3. Project of 115 acres. Total Bond Issue $5,210,000' Annual Lea ;e Payment $ 337,000 989-23N SUITE 2760 1 ONE CALIFORNIA STREET•5'AN FRANCISCO.CAI-i,ORNIA 9AIU +.(a'S) i _ J I The Honorable Mayor and City Council November 19, 1973 Huntington Beach, California Page Z 4. Same as No. 3, less cos: of construction. Total Bond Issue $4,160,000 Annual Lease Payment $ 423,000 5. Project of 115 acres, less cost of 20 acres contributed by City. Total Bond Issue $4,665;,000 Annual Lease Payment $ 378,000 6. Same as No. 5, less cost of construction. Total bond Issue $3,615,000 Annual Lease Payment $ 293,000 As mentioned in the letter of transmittal accompanying our financing report, it is our intention to' supplement the infor'maticn contained therein as needed. It is hoped that the foregoing data will present the Council with a broader choice of alternatives than heretofore existed . We will be pleased to discuss any point concerning the proposed proect financing with the Council at the meeting of November 19, 1973. Very truly yours, STONE & YOUNGBERG Municipal Financing Consultants, Inc. R ^ Terence j. McCarty. -, . Assistant Vice President TJMcC:bd mull [fl IT OF HUNTING ON BEACH CA 73-04 COUNCIL_- ADMINISTRATOR COMMUNICATION HUNTINGTON.BEACH To The Honorable Mayor and from City Administrator City Council Members Subject FINANCING FEASIBILITY STUDY Date Ja opkrl' t0 L rrx COUNCIL HUNTINGTON CENTRAL PARK PHASE III . f�_1911 REVIEW --....._. .....ci r r CLi;Mc In recent weeks, the acquisition and development of Phase III has become of more interest to citizen groups and to the Council in its evaluation of revenue sharing proposals . The City has acquired 10 acres of Phase IIT property on Edwards Street and is negotiating for an additional 10 acres west of Goldenwest. Several encyc7 ,- pedia lots have also been picked upas they become available at tax sales . During December, staff 'met with Stone & Youngberg, municipal financing consultant for the City on the Central Park, Civic Center and Library, -to discuss the preparation of a comprehensive financing report pertaining to the proposed project. Such an objective report would examine the feasibility and applicability of the several methods available for financing acquisition of the Phase III property for use as a golf course and related recreational uses . The second purpose would be to examine the tangible and intangible benefits t, the general public. A.;report as described above could certainly serge to obtain financing for the project. The cost of the study is estimated not to exceed $3,500 based on the standard fee schedule for these services . The fee is further predi- cated on a cumulative schedule taking into account all previous work done by Stone '& Youngberg for the City. Services to be performed by the Consultant for this fee are explicitly outlined is the contract reviewed as to .form and contEnt by the City Attorney. The Recreation and Parks Commission has recommended the following action at their regular meeting of December 22, '1972 RECOMMENDATION Authorize the City Administrator to retain the firm of Stone r, Youngberg to perform the financing feasibility study for Central Park Phase III. Respectfully submitte David D. Rowlands City Administrator DDR:eh cc Recreation and Parks Commission