HomeMy WebLinkAboutHUNTINGTON BEACH PUBLIC FACILITIES CORPORATION - 1977-07-05®<
AGREEMENT FOR POSSESSION OF
EMERGENCY OPERATIONS CENTER
THIS AGREEMENT, made and entered into this --, day of
1977, by and between the City of Huntington Beach, a
municipal corporation of the State of California, and Huntington Beach
Public Facilities Corporation, c private n)nprofit corporation, locat..ed
in the City of Huntington Beach, California, hereinafter respectively
referred to as CITY and CORPORATION.
W I T N E S S E T H:
WHEREAS; CITY is fee owner'of land on which certain improvements have
been constructed by CORPORATION under a lease and sublease agreement by the
parties hereto, known as the Huntington Beach Civic Center, 1cc.ated at
2000 Main Street, Huntington Beach, and within the civic center are facili-
ties known, as the Emergency Operations Center (EOC); and
The Federal Defense Civil Preparedness Agency (DCPA) funded one-half
of the construction of the EOC by paying to CITY $84,583.82; and
CORPORATION Daid $169,167.64 for all of the construction of the UOC; and
CITY now desires to raiiuduxse CORPORATION for the construction_ of the
EOC and for CITY to retain possession of.rhe EGC for the full term of the
sublease to wit until March 30, 1999,
CORPORATION desires to give possession of the EOC to CITY for the full
term of the CORPORATION'S bonded indenture,, to wit until March 30, 1999,
subject to transfer of ovmership to the CITY upon earlier dischar.�e of
the bonded indenture.
PAGE ONE OF THREE PAGES
NOW, THEREFORE, each of the parties hereto does hereby agree as follows:
1. CITY is to pay to CORPORA'ION $169,167.64 for possession, upon
execution of this agreement, of the EOC for the full term of the CORPORATION
bonded indenture or earlier discharge thereof.
2. CORPORATION will credit the CITY for.its obligations under the
sublease, as follows:
a. $84,533.82 immediately as a lump sum prepayment of rent on
the EOC, and
b. $84,583.32 to be prorated as prepaid rent over tie term of the
sublease or earlier discharge of the bonded indenture.
3. CORPORATION agrees that CITY was entitled to possession as of
;larch 30, 1974 and has continued to be in possession as of that date, and
is entitled to future possession, upon execution of this agreement, of the
EOC for the full term of Lhe bonded indenture, and that CITY is to obtain
title oranership of the entire Civic Center, including the EOC, upon com-
pletion of its obligations to CORPORATION pursuant to t',�at certain lease
and sublease dated January 15, 1972.
4. CITY and CORPORATION agree not to alter the EOC or the terms of
this agreemet� 2ithout prier written approval by DCPA.
IN WITNESS WHEREOF the parties hereto have set their hands and seals
the dt;, month and year appearing below.
BATED 1977
C OF H 7ING" ,
mun c 1 orp r tion
24ayo
PAGE TWO OF THREE PAGES
x
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: 1 ITIATED AND APPROVED
C y Administrator
DATED: �®,�, �— `�-� R a 1977
HUNTINGTON BEACH PUBLIC FACILITIES CORPORATION
A private nonprofit corporation,
B f _
y
P es''dent
Sec-1-- _y
f
i
3
p
PAGE THREE OF THREE: PAGES
�)•) i;?'i,t'NlY ,LaE.:Yi,.b , `-:%�`5R%k< .TJ4r y&'4`i'..rfF-:'a-.;...: ;....: ,.. ;,. .._.., ,__ ',. ..(.
AGREEMENT FOR POSSESSION OF
EMERGENCY OPERATIONS CENTER
THIS AGREEMENT, made and entered into this 1114,
day of �� 1977, by and between the City of Huntington Beach,
a municipal corporation of the State of California, and Huntington
Beach Public Facilities Corporation, a private rion-profit corpora-
tion, 'Located in the City of Huntington Beach, California, here4_na£ter
respectively referred to as CITY and CORPORATION,
IV I T N E S S E T H:
WHEREAS, CITY is fee owner of land on which certain improvements
have been constructed by CORPORATION under a lease and sublease agree-
ment by the parties hereto, knows, as the Huntington Beach Civic Center,
located at 2000 Main Street, Huntington Beach, and within the Civic
Center are facilities known as the Emergency Operations Center (EOC);
and
The Federal Defense Civil Preparedness Agency (DCPA) funded one-
half of the construction of the EOC by paying to CITY $84,583.82; and
CORPORATION paid $169,167.64 for all of the construction of the
EOC: and
CITY now desires to reimburse CORPORATION for the construction
of the EOC and for CITY to retain possession of the EOC for the full
term of the sub -lease; -.o wit until March 30, 1999; and
CORPORATION desires to give possession of the EOC to CITY for
full term of the CORPORATION'S bonded indenture, to wit until March 30,
1999, subject to transfer of ownership to the City upon earlier dis-
charge of the bonded indenture,
-1-
fi
CITY agrees t:c be jointly and severally liable with the State
of California to refund DCPA a proportionate amount of DCPA's con-
tribution to the construction of the EOC should CITY fail to main-
tain possession of the EOC until. March 30, 1.999.
NOW, THEREFORE, each of the parties hereto does hereby agree
as follows:
1. CITY is to pay to CORPORATION $169,167.64 for possession,
upon execution of this agreement, of the EOC for the full term of
the CORPORATION bonded indenture or earlier discharge thereof.
2. CORPORATION will credit the CITY for its obligations under
the sublease, as follows:
a. $84,583.82 immediately as a lump sum prepayment of rent
on the EOC, and
b. $84,583.82 to be prorated as prepaid rent over the term
of the sublease or earlier discharge of the bonded in-
denture.
3. CORPORATION agrees that CITY was entitled to possession as of
March 30, 1974. and has continued to be in possession as of that date
and is entitled to future possession, upon execution of this agreement,
of the EOC for the full term of the bonded indenture, and that CITY is
to obtain title ownership of the entire Civic Center, including the
EOC upon completion of the obligation to the CORPORATION pursuant to
that certain lease and sublease dated 1/ISJ72.
4. CITY and CORPORATION agree not to alter ::he EOC or the terms
of this agreement vithout prior written approval by DCPA.
5. CITY agrees to refund to DCPA a proportionate amount of DCPA's
contribution to the construction of the EOC should CITY fail to maintain
possession of the BOC uGcil March 30, 1999. Said refund shall be cal-
culaced to cover, the unexpired portion of said twenty-five (25) year
-Z_
i
term of possession by City.
IN WITNESS WHEREOF the parties hereto have set their hands
and seals the day, month and year appearing below.
DATED: _ f o 1977.
ATTEST:
Alicia M. Wentworth
City Clerk
By: ,/ yy� ./ - 'Vri�
Deputy City Cler
INITIATED AND APPROVED
AS TO CONTENT:
ty Administrator
CITY OF HUNTINGTON BEACH, a
Muni a1 corporation
(By_
Mayor
APPROVED TO FORM:
�.
Ci At'torn � �—
DATED: July 6 , 1977.
APPROVED AS TO FORM:
Clayto Parker, Attorney
for. �he HBPFC
HUNTINGTON BEACH PUBLIC FACILITIES
CORPORATION, a private nonprofit
corporation
By —ems i-
/ J� esidey ✓
f
By —
Secretary
-3-
PUBLI
D."� Huntington Beach Public Facilities Corporation
,;, 17371 Gothard Street
N� Huntington Beach, California 92647
June 30, 1977
M E M 0 T O F I L E
SUBJECT: CITY/HBPFC AGREEMENT FOR POSSESSION OF
EMERGENCY OPERATING CENTER (E.0,C.)
The subject Agreement will provide for the resolution of the
rights of retention of Federal Grant monies for the construction of
the E.O.C. in the Civic Center Complex. The original Grant approval
was for one half the cost of the E.O.C., conditioned that the City pay
for the total initial construction. However, the Corporation (PFC)
funded the total initial cost, thus creating a technical non-compliance
with the Grant requirements. I am catalogging below the original inten-
tion which would have complied with the Grant, the actual occurrence
during construction, and finally the implementation of the Agreement
which will be necessary for the Grant monies to be retained.
A. ORIGINALLY -
1. City would pay for the E.O.C. in total.
2. The Federal Grant would pay the City for one-half the E.O.C. costs.
3. The City would have invoiced the HBPFC for one-half the E.O.C.
costs.
4, NET EFFECT - City - NO COST: HBPFC -1/2 of costs; GRANT- i/2 costs.
B. ACTUAL -
1. HBPFC paid total costs of E.O.C.
2. Grant monies were ordered returned, but were placed in Trust
account pending a Resolution of the technical non-compliance.
3. NET EFFECT - CITY- NO COST; HBPFC - ALL COSTS: GRANT - NO COSTS;
Loss to Huntington Beach taxpayers - 1,12 casts.
C. AGREEMENT IMPLEMENTATION -
1. After execution of the Agreement, HBPFC will invoice the CITY
for $169,167.64.
2. CITY will PAY to HBPFC $169,167.64.
3. HBPFC will credit the $169,'==7.64 as follows:
a. $84,583.82 as a lump sum prepayment of rent.
b. $84,583.82 as a prorated prepayment of rent over the life
of the Bonds.
c. City will furnish the D.C.P.A. a copy of the check and re-
ceipt, and obtain an authorization to retain the $84,583.82
Grp. r,t.
d. HBPFC will adopt a Resolution to direct the Trustee to return
1/25 of $84,583.82, for rent previously paid, at the end of
each fiscal year. If possible with the Trustee only one Reso-
lution will be adopted which will generate an automatic reim-
bursement each year until Larch 30, 1999. If not possible, a
separate Resolution will be needed each year.
NET EFFECT CITY - NO COST - HBPFC - 1/2 COST: GRANT 1/2 COST.
e. NOTE: Neither 3 (a) nor 3 (b) affect the annual rent payment
required by the lease and sub -lease.
page 2 --
Memo to File
City/PFC E.O.C. Agreement
The net effect of the Agreement implementation is identical to that
of the original intention, that the City would bear no final costs of
the E.O.C., and other than via rent payments, and that the Federal Grant
and the HBPFC would each fund one half the costs.
I trust the above explanation of the mechanics necessary to implement
the Agreement will assist those members of the City Council and the Direc-
tors of the Corporation in understanding the various steps involved.
APPROVED:
,_/D RECTOR
APPROVED:
DWK:ajo
cc: F. G. Belsito
HBPFC: Directors
Very Truly Yours,
'/"V /,;.- z -�
Donald W. Kiser,
Assistant Secretary/HBPFC
APPROVED:
Frank B. ArguEUlo,
Finance Director
Assistant Secretary/HBPFC
APPROV D:
Floyd . Belsito,
City A ministrator
f rigton Beach Public Facilities Corporation
tNCORPORATEO m 17371 Gothard Street
NOVEMF9HR 27,1970 ca Huntington Beach, California 9264.7
e
b
TO: Floyd G. Belsito,
City Administrator
City of Huntington.Beach
June 30, 1977
SUBJECT: HBPFC/Cityy Agreement on E.O.C.
APPROVED BY CITY COUNCIL
.f" 19Z2..
CITY LERK
Transmitted herewith is the Agreement between the City of Hunt-
ington Beach and the Huntington Beach Public Facilities Corporation
regarding possession of the Emergency Operations Center for your trans-
mittal to the City Council for their approval.
The Agreement wording reflects that which you and Mrs. Houseal, a
Director of the Corporation, resolved in your meeting with officials
of the D.C.P.A. in Washington, D.C. this month. The Agreement has been
approved by the City Attorney, the Corporation Attorney, and by the PFC
Directors at their Regular Meeting of June 29, 1977.
Completion of the mechanics necessary to fulfill this Agreement will
span twenty-two years. It will provide that the citizens of Huntington
Beach receive the monies from a previously arranged for Federal Grant that
otherwise would be lost, and this Grant amounts to a sum of $84,583.82.
I indicated to the PFC Board on June 29th that I would prepare a
Memo To File which would explain the mechanics of the actions necessary
to effect the completion of -the covenants of the Agreement; and I am at-
taching a copy of this document for your own file and consequent forward-
ing to the City Council if you so desire.
I will appreciate your submission of the Agreement to the City Coun-
cil for approval and execution. Mr. Arguello and/or the undersigned will
arrange for the various elements necessary to complete the transactions
required by the City and the Huntington Beach Public Facilities Corpora-
tion.
Donald W. Kiser,
Assistant Secretary - HBPFC
DWK:ajo
cc: PFC Directors