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HomeMy WebLinkAboutLIBRARY SERVICE AGREEMENT/BOLSA CHICA UNINCORPORATED AREA - 1995-11-06AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF HUNTINGTON BEACH THIS AGREEMENT, entered into J 4 je I , 1991, which date is enumerated for purposes of reference only, by and between the CITY OF HUNTINGTON BEACH, hereinafter referred to as "CITY" and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY." WITNESSETH: WHEREAS, COUNTY wishes to contract with CITY for library services; and WHEREAS, CITY is agreeable to the rendering of such services, as authorized in Education Code Section 19112, on the terms and conditions hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: -1 of 5- r • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. EFFECTIVE DATE: ' This Agreement shall become effective upon the CITY exempting future residents of the Bolsa Chica County Local Coastal Program (LCP) area from the CITY'S non-resident library fee and as provided by Section C of this Agreement. B. TERMINATION: This Agreement shall remain in effect unless amended or terminated by mutual written agreement of the parties, except that in the event the area is annexed by the CITY, this Agreement shall automatically terminate on the effective date of such annexation. C. SERVICES BY CITY: CITY shall provide library services consistent with Education Code Section 19112, or as amended or any other provision of California State law providing for a non-resident or resident county library fee so that the CITY may have the same authority as the COUNTY to charge a non-resident library fee (should the California State law change) to the residents of the Bolsa Chica County LCP area such that the Bolsa Chica County LCP area residents are afforded identical library privileges as are granted to, or enjoyed by, CITY residents. The Bolsa Chica County LCP area includes the following tax rate areas: 64-001, 64-006, 64-008, 73-002, and 73-003. D. PAYMENT: 1. As payment for the cost of providing the services mutually agreed upon in this Agreement, COUNTY agrees to transfer to CITY, an amount equivalent to 70.5 (seventy and one half) percent of annual property tax revenue received by the County Free Library District apportioned from the Bolsa Chica County LCP area. Payment of such property tax revenues by the COUNTY shall begin for the fiscal year in which the first residential certificate of use and occupancy for the Bolsa Chica County LCP area is issued. 2. The amount set forth in Subsection 1 of this Section shall be transmitted annually to the CITY Treasurer by the COUNTY by July 31 following the end of each fiscal year. 3. As contribution toward the cost of CITY library capital improvements, COUNTY agrees to assign to the CITY the right to collect the library capital improvement fees for the Bolsa Chica County LCP area as enumerated in Library Condition No. 69 of the Bolsa Chica Land Use Plan adopted by the Board of Supervisors on December 14, 1994. Receipt for payment of applicable library capital improvement fees to CITY will be required by COUNTY prior to the issuance of building permits. CI':Y shall agree to use the fees collected under this Subsection of this section solely for the purpose of library facility capital -2 of 5- x h improvements. Such improvements shall include both payment for future library capital improvements and payment of the debt service 1 for previous library capital improvements made by the CITY. 2 E. NOTICES: 3 1. Except for the notices provided for in Subsection 2 of this Section, all notices authorized or required by this Agreement shall be 4 effective when written and deposited in the united States mail, first class postage prepaid and addressed as follows: 5 CITY: MICHAEL T. UBERUAGA, CITY ADMINISTRATOR 6 CITY OF HUNTINGTON BEACH CITY HALL 7 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 8 COUNTY: JOHN M. ADAMS, COUNTY LIBRARIAN 9 ORANGE COUNTY PUBLIC LIBRARY 1501 EAST ST. ANDREW PLACE 10 SANTA ANA, CA 92705 11 2. Termination notices shall be effective when written and deposited in the United States mail, certified, return receipt requested and 12 addressed as above. 13 F. STATUS OF COUNTY: 14 CITY is, and shall at all times be deemed to be, an independent contractor. Nothing herein contained shall be construed as creating the 15 relationship of employer and employee, or principal and agent, between COUNTY and CITY or any of CITY's agents or employees. CITY shall retain 16 all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by 17 CITY pursuant to this Agreement. CITY, its agents and employees, shall not be entitled to any rights or privileges of COUNTY employees and shall 18 not be considered in any manner to be COUNTY employees. 19 G. STATE AUDIT: 20 Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be subject to examination and audit by the State Auditor, for a period of 21 three (3) years after final payment by COUNTY to CITY under this Agreement. COUNTY and CITY shall retain all records relating to the 22 performance of this Agreement for said three-year period, except those records pertaining to any audit then in progress, or any claims or 23 litigation shall be retained beyond said three-year period, until final resolution of said audit, claim or litigation. 24 H. ALTERATION OF TERMS: 25 This Agreement fully expresses all understanding of COUNTY and CITY with 26 respect to the subject matter of this Agreement and shall constitute the total Agreement between the parties for these purposes. No addition to, 27 -3 of 5- 28 or alteration of, the terms of.this Agreement shall be valid unless made in writing, formally approved and executed by duly authorized agents of 1 both parties. 2 I. INDE4NIFICATION: 3 1. COUNTY, its officers, agents and employees shall not be deemed to have assumed any liability for the negligence or any other act or 4 omission of CITY or any of its officers or employees, or for any dangerous or defective condition of any pubic street or work or 5 property of CITY, or for any illegality or unconstitutionality of CITY's municipal ordinances. 6 CITY ,hall indemnify and hold COUNTY, its officers, agents, employees 7 and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon the condition of any 8 public street or work or property of CITY, or upon the illegality or unconstitutionality of any municipal ordinances of CITY, or upon any 9 act or omission of CITY, its officers, agents, employees, subcontractors and independent contractors related to this Agreement, 10 for property damage, bodily injury or death or any other element of damage of any kind or nature, and CITY shall defend at its expense 11 including attorney fees, COUNTY, its officers, agents, employees and independent contractors in any legal action or claim of any kind 12 based upon such condition of public street or work or property, or alleged illegality or unconstitutionality of municipal ordinance, or 13 alleged acts or omissions. 14 2. COUNTY shall indemnify and hold CITY, its officers, agents, employees and independent contracts free and harmless from any claim or 15 liability whatsoever, based or asserted upon any act or omission of COUNTY, its officers, agent,, employees, subcontractors and 16 independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any 17 kind or nature, and COUNTY shall defend, at its expense including attorney fees, CITY, its officers, agents, employees and independent i8 contractors in any legal action or claim of any kind based upon such alleged acts or omissions. 19 20 21 22 23 24 25 26 27 -4 of 5- 28 x 11 2 3 4 5 10 11i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed the AGREEMENT in the County of Orange, State of California. ATTEST: BY: City Clerk DATED: CO TY OF ORANGE 1 BY ir~!an of the 'Board -of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. BY: Kathleen E. Goodno Acting Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ORANGE COUNTY COUNTY COUNSEL BY: Deputy MS/ (10)208161499 -5 of 5- DATED: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor APPROVED AS TO FORM: BY: C .z 2Lt?-'- City Attorney /- Y- C Council/Agency Meeting Held: //— - q Y Deferred/Continued to El Approved i Conditionally Approved D Denied City Clerk's Sig attire Council Meeting Date_ �� _ Department ID Number: AS 95-34 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr RAY SILVER, Assistant City Administrator PREPARED BY: ROBERT J_ FRANZ, Deputy City Administrator RON HAYDEN, Library Services Director SUBJECT: LIBRARY SERVICE AGREEMENT - CITY/COUNTY- BOLSA CHICA Statement of Issue, Funding Source, Recommended Action, Alternative Actionls], Analysis, Environmental Status, Attachment(s) "foe /dv/� U"Ca 4140rary G rPQme11 lsiith OMnye Countyy Sfs'!✓ leA"—s �+,,8 C f/00 /°er t{nlh d ee, Tie e+Ay1S htv/ 1, hraty eos f' w, be ►lief, 5tatem14 �nt of Issue: To present to the City Council the proposed agreement between the amly � City and County which will transfer 70.5% of the County library property tax revenue from If � w, `/ the unincorporated Bolsa Chica area and the $200 per unit library development fee to the a3ret City. Gn �Y7a��i a` - 44 Funding Source: Orange County fees and taxes. -et- Recommended Action: Approve the agreement between the City and the County of Orange Alternative Action(s): Request further revisions. Analysis: If the unincorporated Bolsa Chica area develops as currently planned under the land use plan approved by Orange County, 2,500 to 3,300 homes will be built in this unincorporated area_ Since library services for the Bolsa Chica residents will be provided by the City's library system, the County has, in concept, agreed to provide the City with the $200 per unit County library fee and 70 5% of the annual property tax revenues related to County library services This agreement was approved in concept at the County Board of Supervisors meeting of April 18, 1995 when the Bolsa Chica Development Agreement (between the County and Koll Company) was approved City and County staff have worked on a formal agreement to transfer the library related funds to the City. That agreement is attached and provides for the $200 per unit development fee to be paid to the City prior to the issuance of building permits_ This County Fee is comparable to the City's Community Enrichment Library fee which would be collected if the development occurred within City limits The property tax pass through (70.5%) is paid to the City annually under the agreement_ *QUEST FOR COUNCIL ACTS MEETING DATE: October 16, 1995 DEPARTMENT ID NUMBER: AS 95-34 If approved, the attached agreement would cover the City's ongoing expenses to provide Library services to the residents of the unincorporated Bolsa Chica area. These expenses were estimated by the City's consultant as part of our review of the Bolsa Chica project In addition, the agreement covers approximately two thirds of the development fee that the City would collect for Library capital costs if the development occurred within the City_ Still pending is a three party agreement between the City, County, and the Koll Company for an additional $100 per unit library fee This additional $100, in combination with the County's standard $200 per unit Library fee, is comparable to the City's existing fee for library services (Community Enrichment Library Fee) Since the additional $100 is over and above the current County requirements, the agreement of the developer is needed on this portion of the proposed total Library development fee of $300 per unit. At the City's request. the County has agreed to modify the language on page 2 of the agreement to delete references to the City being required to provide a "free" public library. Instead, however, the County has added a reference to the State Education Code which governs County Libraries When contracting with the City to provide library services to Bolsa Chica residents the County must follow State provisions. There would be no impact on the current City Library operations which are consistent with the State Education code provisions_ In the future, however, the City could consider Library charges/fees for basic library services (example Annual library card fee). Under the current State law, such a fee could not be charged to Bolsa Chica residents. Staff recommends approval of the agreement with this limitation/constraint for the following reasons- 1 In the future if fees/charges are considered, the State code may be modified to allow such fees/charges (County Libraries statewide are currently under fiscal pressure which may result in changes to State Law), and 2. The attached agreement with the County could be modified in the future if the City is considering a specific fee/charge which cannot be identified in the current agreement- 3 The attached City/County agreement could be terminated in the future if significant changes to fees/charges are implemented for City residents but such fees/charges cannot be extended to County Bolsa Chica residents. Environmental Status: Attachment(s]: 0014678.01 1. Library Fiscal Impacts 2. Agreement -2- 11101/95 11:28 AM • 77 �q,, flJ.4-/ �u 7#;C /5 Z S,-� "IC14- Z,- 7 G --�gNT Tw ,v2�r�v�� Coves-i 5.77 f',LIL l/,v Z, T Z- 7 Cv /-C-0 L L co f 6x-'ecrr �v - 4 4(7 A"eD - 4do)o B'nv4c.-/ 7 i i l SUGGESTED ADDITIONAL WORDING FOR THE LIBRARY SERVICES AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE COUNTY OF ORANGE SECTION D. (ADD SUBSECTION) 4. It is acknowledged by the CITY and the COUNTY that the payments set forth herein will not fully offset CITY costs for providing library services to the residents of the aforementioned LCP area, estimated at $300 per unit It is further acknowledged that such additional fees as required will be the subject of an agreement between the CITY, the COUNTY and the developer(s) of the aforementioned LCP area. iF CEw D 1=ROM 4ND MADE APART OF THE RECORDAT rHf ,OUNCIL MEETING OF��� OFFICE Aq F THE CITY CLERK ObKWAY, CITY CLERK T LIBRARY FISCAL IMPACT ON CITY - BOLSA CHICA PROJECT Assumption: Project developed in unincorporated County area (no annexation) City/County One Time Fiscal Impacts Total City Fee" Agreement City Library Impact Capital Costs $ 990,000 $ 660,000*" "Community Enrichment Library Fee if development occurred in City Ongoing Fiscal Impacts Impact (Annual) at Buildout (12 Years): Annual Library Revenue from County $ 139,286 = 70.5% of County Library Property Tax Levy** Annual City Library Costs 139,000 Annual Surplus $ 286 "Amount City would receive under proposed City/County Agreement Source September 30, 1994 City Fiscal Impact Report - Public Economics, Inc. November 30, 1994 County Fiscal Impact Report - Stanley R. Hoffman Associates, Inc_ 0015305.01 10/30/95 5 15 PM t. X • • laity W Hugt'.—A, .l Z PO. Bax 190. Ca. 92M Itl 31A51 I--,- li8'Vv`'uR / x k County of Orange DATE: November 1, 1995 TO: Bob Franz, Deputy City Administrator, City of Huntington Beach FROM: Manager, Advance Planning SUBJECT: Bolsa Chica Library Services Agreement Attached are two originals of the subject Agreement. We will need the originals back to include in our Board transmittal after the City's approval. These documents should be transmitted to us after the City's action. Thank you for your assistance on this matter. Should you have any questions regarding this you may contact me at 834-6007 or Melinda Stewart at 834-4414. A �J, � =,A ---, � ---y- Joan S. Golding Attachments MS/5101015461039 11 2 3 4 51 6 7 8 91 101 11 12 13 14 15 16 17 18 19 201 21 22 23 24 25 26 27 AGREMaNT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF HUNTINGTON BEACH THIS AGREEMENT, entered into , 1995, which date is enumerated for purposes of reference only, by and between the CITY OF HUNTINGTON BEACH, hereinafter referred to as "CITY" and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY." WITNESSETH: WHEREAS, COUNTY wishes to contract with CITY for library services; and WHEREAS, CITY is agreeable to the rendering of such services, as authorized in Education Code Section 19112, on the terms and conditions hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: -1 of 5- "I 1 2, 3 4 I 51 6; 7' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. EFFECTIVE DATE: This Agreement shall become effective upon the CITY exempting future residents of the Bolsa Chica County Local Coastal Program (LCP) area from the CITY'S non-resident library fee. B. TERMINATION: This Agreement shall remain in effect unless amended or terminated by mutual written agreement of the parties, except that in the event the area is annexed by the CITY, this Agreement shall automatically terminate on the effective date of such annexation. C. SERVICES BY CITY: CITY shall provide library services consistent with Education Code Section 19112 to the residents of the Bolsa Chica County LCP area such that the Bolsa Chica County LCP area residents are afforded identical library privileges as are granted to, or enjoyed by, CITY residents. The Solsa Chica County LCP area includes the following tax rate areas: 64-001, 64-006, 64-008, 73-002, and 73-003. D. PAYMENT: 1. As payment for the cost of providing the services mutually agreed upon in this Agreement, COUNTY agrees to transfer to CITY, an amount equivalent to 70.5 (seventy and one half), percent of annual property tax revenue received by the County Free Library District apportioned from the Bolsa Chica County LCP area. Payment of such property tax revenues by the COUNTY shall begin for the fiscal year in which the first residential certificate of use and occupancy for the Bolsa Chica County LCP area is issued. 2. The amount set forth in Subsection 1 of this Section shall be transmitted annually to the CITY Treasurer by the COUNTY by July 31 following the end of each fiscal year. 3. As contribution toward the cost of CITY library capital improvements, COUNTY agrees to assign to the CITY the right to collect the library capital improvement fees for the Bolsa Chica County LCP area as enumerated in Library Condition No. 69 of the Bolsa Chica Land Use Plan adopted by the Board of Supervisors on December 14, 1994. Receipt for payment of applicable library capital improvement fees to CITY will be required by COUNTY prior to the issuance of building permits. CITY shall agree to use the fees collected under this Subsection of this Section solely for the purpose of library facility capital improvements. Such improvements shall include both payment for future library capital improvements and payment of the debt service for previous library capital improvements made by the CITY. -2 of 5- • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E. NOTICES: 1. Except for the notices provided for in Subsection 2 of this Section, all notices authorized or required by this Agreement shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows: CITY: MICHAEL T. UBERUAGA, CITY ADMINISTRATOR CITY OF HUNTINGTON BEACH CITY HALL 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 COUNTY: JOHN M. ADAMS, COUNTY LIBRARIAN ORANGE COUNTY PUBLIC LIBRARY 1501 EAST ST. ANDREW PLACE SANTA ANA, CA 92705 2. Termination notices shall be effective when written and deposited in the United States mail, certified, return receipt requested and addressed as above. F. STATUS OF COUNTY: CITY is, and shall at all times be deemed to be, an independent contractor. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between COUNTY and CITY or any of CITY's agents or employees. CITY shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by CITY pursuant to this Agreement. CITY, its agents and employees, shall not be entitled to any rights or privileges of COUNTY employees and shall not be considered in any manner to be COUNTY employees. G. STATE AUDIT: Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be subject to examination and audit by the State Auditor, for a period of three (3) years after final payment by COUNTY to CITY under this Agreement. COUNTY and CITY shall retain all records relating to the performance of this Agreement for said three-year period, except those records pertaining to any audit then in progress, or any claims or litigation shall be retained beyond said three-year period, until final resolution of said audit, claim or litigation. H. ALTERATION OF TERMS: This Agreement fully expresses all understanding of COUNTY and CITY with respect to the subject matter of this Agreement and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of, the terms of this Agreement shall be valid unless made in writing, formally approved and executed by duly authorized agents of both parties. -3 of 5- x x 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INDEMNIFICATION: 1. COUNTY, its officers, agents and employees shall not be deemed to have assumed any liability for the negligence or any other act or omission of CITY or any of its officers or employees, or for any dangerous or defective condition of any pubic street or work or property of CITY, or for any illegality or unconstitutionality of CITY's municipal ordinances. CITY shall indemnify and hold COUNTY, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon the condition of any public street or work or property of CITY, or upon the illegality or unconstitutionality of any municipal ordinances of CITY, or upon any act or omission of CITY, its officers, agents, employees, subcontractors and independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and CITY shall defend at its expense including attorney fees, COUNTY, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such condition of public street or work or property, or alleged illegality or unconstitutionality of municipal ordinance, or alleged acts or omissions. 2. COUNTY shall indemnify and hold CITY, its officers, agents, employees and independent contracts free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of COUNTY, its officers, agents, employees, subcontractors and independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and COUNTY shall defend, at its expense including attorney fees, CITY, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. -4 of 5- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151 161. i 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed the AGREEMENT in the County of Orange, State of California. ATTEST: BY: City Clerk fr71V"0X COUNTY OF ORANGE BY: Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. BY: Kathleen E. Goodno Acting Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ORANGE COUNTY COUNTY COUNSEL BY: Deputy MS/5100208161499 -5 of 5- DATED: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor APPROVED TO FO BY: City Attorne /j .GG 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17, 18' I 19 i 20 21 22 23 24 25 26 27 28 AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF HUNTINGTON BEACH THIS AGREEMENT, entered into , 1995, which date is enumerated for purposes of reference only, by and between the CITY OF HUNTINGTON BEACH, hereinafter referred to as "CITY" and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY." WITNESSETH: WHEREAS, COUNTY wishes to contract with CITY for library services; and WHEREAS, CITY is agreeable to the rendering of such services, as authorized in Education Code Section 19112, on the terms and conditions hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: -1 of 5- x x • E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. EFFECTIVE DATE: This Agreement shall become effective upon the CITY exempting future residents of the Balsa Chica County Local Coastal Program (LCP) area from the CITY'S non-resident library fee. B. TERMINATION: This Agreement shall remain in effect unless amended or terminated by mutual written agreement of the parties, except that in the event the area is annexed by the CITY, this Agreement shall automatically terminate on the effective date of such annexation. C. SERVICES BY CITY: CITY shall provide library services consistent with Education Code Section 19112 to the residents of the Balsa Chica County LCP area such that the Balsa Chica County LCP area residents are afforded identical library privileges as are granted to, or enjoyed by, CITY residents. The Balsa Chica County LCP area includes the following tax rate areas: 64-001, 64-006, 64-009, 73-002, and 73-003. D. PAYMENT: 1. As payment for the cost of providing the services mutually agreed upon in this Agreement, COUNTY agrees to transfer to CITY, an amount equivalent to 70.5 (seventy and one half) percent of annual property tax revenue received by the County Free Library District apportioned from the Balsa Chica County LCP area. Payment of such property tax revenues by the COUNTY shall begin for the fiscal year in which the first residential certificate of use and occupancy for the Balsa Chica County LCP area is issued. 2. The amount set forth in Subsection 1 of this Section shall be transmitted annually to the CITY Treasurer by the COUNTY by July 31 following the end of each fiscal year. 3. As contribution toward the cost of CITY library capital improvements, COUNTY agrees to assign to the CITY the right to collect the library capital improvement fees for the Balsa Chica County LCP area as enumerated in Library Condition No. 69 of the Balsa Chica Land Use Plan adopted by the Board of Supervisors on December 14, 1994. Receipt for payment of applicable library capital improvement fees to CITY will be required by COUNTY prior to the issuance of building permits. CITY shall agree to use the fees collected under this Subsection of this Section solely for the purpose of library facility capital improvements. Such improvements shall include both payment for future library capital improvements and payment of the debt service for previous library capital improvements made by the CITY. -2 of 5- X X 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i E. NOTICES: • 1. Except for the notices provided for in Subsection 2 of this Section, all notices authorized or required by this Agreement shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows: CITY: MICHAEL T. UBERUAGA, CITY ADMINISTRATOR CITY OF HUNTINGTON BEACH CITY HALL 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 COUNTY: JOHN M. ADAMS, COUNTY LIBRARIAN ORANGE COUNTY PUBLIC LIBRARY 1501 EAST ST. ANDREW PLACE SANTA ANA, CA 92705 2. Termination notices shall be effective when written and deposited in the United States mail, certified, return receipt requested and addressed as above. F. STATUS OF COUNTY: CITY is, and shall at all times be deemed to be, an independent contractor. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between COUNTY and CITY or any of CITY's agents or employees. CITY shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by CITY pursuant to this Agreement. CITY, its agents and employees, shall not be entitled to any rights or privileges of COUNTY employees and shall not be considered in any manner to be COUNTY employees. G. STATE AUDIT: Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be subject to examination and audit by the State Auditor, for a period of three (3) years after final payment by COUNTY to CITY under this Agreement. COUNTY and CITY shall retain all records relating to the performance of this Agreement for said three-year period, except those records pertaining to any audit then in progress, or any claims or litigation shall be retained beyond said three-year period, until final resolution of said audit, claim or litigation. H. ALTERATION OF TERMS: This Agreement fully expresses all understanding of COUNTY and CITY with respect to the subject matter of this Agreement and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of, the terms of this Agreement shall be valid unless made in writing, formally approved and executed by duly authorized agents of both parties. -3 of 5- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INDEMNIFICATION: 1. COUNTY, its officers, agents and employees shall not be deemed to have assumed any liability for the negligence or any other act or omission of CITY or any of its officers or employees, or for any dangerous or defective condition of any pubic street or work or property of CITY, or for any illegality or unconstitutionality of CITY's municipal ordinances. CITY shall indemnify and hold COUNTY, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon the condition of any public street or work or property of CITY, or upon the illegality or unconstitutionality of any municipal ordinances of CITY, or upon any act or omission of CITY, its officers, agents, employees, subcontractors and independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and CITY shall defend at its expense including attorney fees, COUNTY, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such condition of public street or work or property, or alleged illegality or unconstitutionality of municipal ordinance, or alleged acts or omissions. 2. COUNTY shall indemnify and hold CITY, its officers, agents, employees and independent contracts free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of COUNTY, its officers, agents, employees, subcontractors and independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and COUNTY shall defend, at its expense including attorney fees, CITY, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. -4 of 5- x 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22, 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed the AGREEMENT in the County of Orange, State of California. DATED: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: APPROVED AS TO FORM: BY: BY: City Clerk City Attorney It-Z-fS DATED: COUNTY OF ORANGE BY: _ Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. BY: Kathleen E. Goodno Acting Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ORANGE COUNTY COUNTY COUNSEL BY: Deputy MS/5100208161499 -5 of 5- • • AGREE 9NT 1 BETWEEN 2 TUB 3 COUNTY OF ORANGE 4 AND THE 5 CITY OF HUNTINGTON BEACH 6 7 THIS AGREEMENT, entered into 1995, which date is 8 enumerated for purposes of reference only, by and between the CITY OF HUNTINGTON BEACH, hereinafter referred to as "CITY" and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as J9 "COUNTY." 10 WYTNBsssTs: WHEREAS, COUNTY wishes to contract with CITY for library 11 services; and 12 WHEREAS, CITY is agreeable to the rendering of such services, as authorized in Education Code Section 19112, on the terms and conditions 13 hereinafter set forth. 14 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 15 16 17 1$ 19 20 21 22 23 24 25 26 27 -1 of 5- 28 i' is A. 81PSCTIVB DATE: This Agreement shall become effective upon the CITY exempting future residents of the Bolsa Chica County Local Coastal Program (LCP) area from the CITY'S non-resident library fee. B. TIMINATION: This Agreement shall remain in effect unless amended or terminated by mutual written agreement of the parties, except that in the event the area is annexed by the CITY, this Agreement shall automatically terminate on the effective date of such annexation. C. SERVICES BY CITY: CITY shall provide €x" library services consistent with Rducation Section 19112 to the residents of the Bolsa Chica County LCP area such that the Bolsa Chica County LCP area residents are afforded identical library privileges as are granted to, or enjoyed by, CITY residents e The Bolsa Chica County LCP area includes the following tax rate areas: 64-001, 64--006, 64-008, 73-002, and 73-003. D . PAYMMM : 1. As payment for the cost of providing the services mutually agreed upon in this Agreement, COUNTY agrees to transfer to CITY, an amount equivalent to 70.5 (seventy and one half) percent of annual property tax revenue received by the County Free Library District apportioned from the Bolas Chica County LCP area. Payment of such property tax revenues by the COUNTY shall begin for the fiscal year in which the first residential certificate of use and occupancy for the Bolsa Chic& County LCP area is issued. 2. The amount set forth in Subsection I of this Section shall be transmitted annually to the CITY Treasurer by the COUNTY by July 31 following the end of each fiscal year. 3. As contribution toward the cost of CITY library capital improvements, COUNTY agrees to assign to the CITY the right to collect the library capital improvement fees for the Bolsa Chica County LCP area as enumerated in Library Condition No. 69 of the Bolsa Chica Land Use Plan adopted by the Board of Supervisors on December 14, 1994. Receipt for payment of applicable library capital improvement fees to CITY will be required by COUNTY prior to the issuance of building permits. CITY shall agree to use the fees collected under this Subsection of this Section solely for the purpose of library facility capital improvements. Such improvements shall include both payment for future library capital improvements and payment of the debt service for previous library capital improvements made by the CITY. -2 of 5- X TLSZ17Lf6 F SNINW-d IDWO d v£:ET 56locloT `{ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 R. NOTICES- 1. Except for the notices provided for in Subsection 2 of this Section, all notices authorized or required by this Agreement shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows: CITY: MICHAEL T. UBERUAGA, CITY ADMINISTRATOR CITY OF HUNTINGTON BEACH CITY HALL 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 COUNTY: JOHN M. ADAMS, COUNTY LIBRARIAN ORANGE COUNTY PUBLIC LIBRARY 1501 EAST ST. ANDREW PLACE SANTA ANA, CA 92705 2. Termination notices shall be effective when written and deposited in the United States mail, certified, return receipt requested and addressed as above. F. STATUS OF COUNTY: CITY is, and shall at all times be deemed to be, an independent contractor. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between COUNTY and CITY or any of CITY's agents or employees. CITY shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by CITY pursuant to this Agreement. CITY, its agents and employees, shall not be entitled to any rights or privileges of COUNTY employees and shall not be considered in any manner to be COUNTY employees. G. STATE AUDIT: Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be subject to examination and audit by the State Auditor, for a period of three (3) years after final payment by COUNTY to CITY under this Agreement. COUNTY and CITY shall retain all records relating to the performance of this Agreement for said three-year period, except those records pertaining to any audit then in progress, or any claims or litigation shall be retained beyond said three-year period, until final resolution of said audit, claim or litigation. H. ALTERATION OF TERMS: This Agreement fully expresses all understanding of COUNTY and CITY with respect to the subject matter of this Agreement and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of, the terms of this Agreement shall be valid unless made in writing, formally approved and executed by duly authorized agents of both parties. -3 of 5- 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. nMEMIPICATION: 1. COUNTY, its officers, agents and employees shall not be deemed to have assumed any liability for the negligence or any other act or omission of CITY or any of its officers or employees, or for any dangerous or defective condition of any pubic street or work or property of CITY, or for any illegality or unconstitutionality of CITY's municipal ordinances. CITY shall indemnify and hold COUNTY, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon the condition of any public street or work or property of CITY, or upon the illegality or unconstitutionality of any municipal ordinances of CITY, or upon any act or omission of CITY, its officers, agents, employees, subcontractors and independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and CITY shall defend at its expense including attorney fees, COUNTY, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such condition of public street or work or property, or alleged illegality or unconstitutionality of municipal ordinance, or alleged acts or omissions. 2. COUNTY shall indemnify and hold CITY, its officers, agents, employees and independent contracts free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of COUNTY, its officers, agents, employees, subcontractors and independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and COUNTY shall defend, at its expense including attorney fees, CITY, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. -4 of 5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I 2111 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed the AGREEMENT in the County of Orange, State of California. ATTEST: BY: City Clerk DATED: COUNTY OF ORANGE BY: Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. BY: Kathleen E. Goodno Acting Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ORANGECOUNTY COUNTY COUNSEL ' Deputy / MS/5100208161499 -5 of 5- DATED: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor APPROVED AS TO F RM: BY: City Attorney • • RCA ROUTING SHEET INITIATING DEPARTMENT: Administrative Services SUBJECT: Library Service Agreement - City/County: Bolsa Chica COUNCIL MEETING DATE: November 6, 1995 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attome Attached Subleases, Third Party Agreements, etc - (Approved roved as to form by City Attorney) Attached Certificates of insurance (Approved by the City Attorne Attached Financial Impact Statement (Unbudget, over $5,000) Attached Bonds (If applicable) Attached Staff Report (If applicable) Attached Commission, Board or Committee Report (If applicable) Attached Findings/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff _ Assistant City Administrator Initial City Administrator Initial [CityClerk EXPLANATION FOR RETURN OF ITEM: �' G Council/Agency Meeting Held: Deferred/Continued to: &_- 45� 0 Approved LI Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: October 16, 1995 Department ID Number: AS 95-34 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL EMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Admini r RON HAYDEN, Library Services Directo PREPARED BY: ROBERT T FRANZ, Deputy City Admin for MELANIE FALLON, Community Development Direct�Y SUBJECT: LIBRARY SERVICE AGREEMENT - CITY/COUNTY: BOLSA CHICA Statement of Issue, Funding Source, Recommended Action, Arternative Action(s), Analysis, Environmental Status, Attachrnent(s) /o -/( 4j- 114 -9r 7-o Statement of Issue: To present to the City Council the proposed agreement between the City and County which will transfer 70.5% of the County library property tax revenue from the unincorporated Bolsa Chica area to the City and the $200 per unit library development fee. Funding Source: Orange County fees and taxes. Recommended Action: Approve the agreement between the City and the County of Orange. Alternative Action(s]: Request further revisions_ Analysis: If the unincorporated Bolsa Chica area develops as currently planned under the land use plan approved by Orange County, 2,500 to 3,300 homes will be built in this unincorporated area_ Since library services for the Bolsa Chica residents will be provided by the City's library system, the County has, in concept, agreed to provide the City with the $200 per unit County library fee and 70.5% of the annual property tax revenues related to County library services. This agreement was approved in concept at the County Board of Supervisors meeting of April 18, 1995 when the Balsa Chica Development Agreement (between the County and Koll Company)was approved. City and County staff have worked on a formal agreement to transfer the library related funds to the City. That agreement is attached and provides for the $200 per F' RRUEST FOR COUNCIL ACTIM MEETING DATE: October 16, 1995 DEPARTMENT ID NUMBER: AS 95-34 unit development fee to be paid to the City prior to the issuance of building permits. This County Fee is comparable to the City's Community Enrichment Library fee which would be collected if the development occurred within City Iimits.The property tax pass through (70 5%) is paid to the City annually under the agreement_ Still pending is a three party agreement between the City, County, and the Koll Company for an additional $100 per unit library fee. This additional $100, in combination with the County's standard $200 per unit Library fee, is equivalent to the City's existing fee for library services (Community Enrichment Library Fee). Since the additional $100 is over and above the current County requirements, the agreement of the developer is needed on this portion of the proposed total development fee of $300 per unit_ Environmental Status: City Clerk's Page Number Agreement 0014678.01 -2- 10/05/95 8:39 AM 1 2 3 4 5 6 7 11' 12 i 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i • AGREMIENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF HUNTINGTON BEACH THIS AGREEMENT, entered into , 1995, which date is enumerated for purposes of reference only, by and between the CITY OF HUNTINGTON BEACH, hereinafter referred to as "CITY" and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY." WITNESSETH: WHEREAS, COUNTY wishes to contract with CITY for library services; and WHEREAS, CITY is agreeable to the rendering of such services, as authorized in Education Code Section 19112, on the terms and conditions hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: -1 of 5- 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. EFFECTIVE DATE: This Agreement shall become effective upon the CITY exempting future residents of the Bolsa Chica County Local Coastal Program (LCP) area from the CITY'S non-resident library fee. B. TERMINATION: This Agreement shall remain in effect unless amended or terminated by mutual written agreement of the parties, except that in the event the area is annexed by the CITY, this Agreement shall automatically terminate on the effective date of such annexation. C. SERVICES BY CITY: CITY shall provide free library services to the residents of the Bolsa Chica County LCP area such that the Bolsa Chica County LCP area residents are afforded identical library privileges as are granted to, or enjoyed by, CITY residents at free public libraries of the CITY. The Bolsa Chica County LCP area includes the following tax rate areas: 64-001, 64-006, 64-008, 73-002, and 73-003. D. PAYMENT: 1. As payment for the cost of providing the services mutually agreed upon in this Agreement, COUNTY agrees to transfer to CITY, an amount equivalent to 70.5 (seventy and one half) percent of annual property tax revenue received by the County Free Library District apportioned from the Bolsa Chica County LCP area. Payment of such property tax revenues by the COUNTY shall begin for the fiscal year in which the first residential certificate of use and occupancy for the Bolsa Chica County LCP area is issued. 2. The amount set forth in Subsection 1 of this Section shall be transmitted annually to the CITY Treasurer by the COUNTY by July 31 following the end of each fiscal year. 3. As contribution toward the cost of CITY library capital improvements, COUNTY agrees to assign to the CITY the right to collect the library capital improvement fees for the Bolsa Chica County LCP area as enumerated in Library Condition No. 69 of the Bolsa Chica Land Use Plan adopted by the Board of Supervisors on December 14, 1994. Receipt for payment of applicable library capital improvement fees to CITY will be required by COUNTY prior to the issuance of building permits. CITY shall agree to use the fees collected under this Subsection of this Section solely for the purpose of library facility capital improvements. Such improvements shall include both payment for future library capital improvements and payment of the debt service for previous library capital improvements made by the CITY. -2 of 5- x 1 2 3 4 5 6 7 8 9 10 11 12. 131 141 i 15 I 16 17 18 19 20 21 22 23 24 25 26 27 28 E. NOTICES: 1. Except for the notices provided for in Subsection 2 of this Section, all notices authorized or required by this Agreement shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows: CITY: MICHAEL T. UBERUAGA, CITY ADMINISTRATOR CITY OF HUNTINGTON BEACH CITY HALL 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 COUNTY: JOHN M. ADAMS, COUNTY LIBRARIAN ORANGE COUNTY PUBLIC LIBRARY 1501 EAST ST. ANDREW PLACE SANTA ANA, CA 92705 2. Termination notices shall be effective when written and deposited in the United States mail, certified, return receipt requested and addressed as above. F. STATUS OF COUNTY: CITY is, and shall at all times be deemed to be, an independent contractor. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between COUNTY and CITY or any of CITY's agents or employees. CITY shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by CITY pursuant to this Agreement. CITY, its agents and employees, shall not be entitled to any rights or privileges of COUNTY employees and shall not be considered in any manner to be COUNTY employees. G. STATE AUDIT: Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be subject to examination and audit by the State Auditor, for a period of three (3) years after final payment by COUNTY to CITY under this Agreement. COUNTY and CITY shall retain all records relating to the performance of this Agreement for said three-year period, except those records pertaining to any audit then in progress, or any claims or litigation shall be retained beyond said three-year period, until final resolution of said audit, claim or litigation. H. ALTERATION OF TERMS: This Agreement fully expresses all understanding of COUNTY and CITY with respect to the subject matter of this Agreement and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of, the terms of this Agreement shall be valid unless made in writing, formally approved and executed by duly authorized agents of both parties. -3 of 5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INDEMIFICATION: 1. COUNTY, its officers, agents and employees shall not be deemed to have assumed any liability for the negligence or any other act or omission of CITY or any of its officers or employees, or for any dangerous or defective condition of any pubic street or work or property of CITY, or for any illegality or unconstitutionality of CITY's municipal ordinances. CITY shall indemnify and hold COUNTY, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon the condition of any public street or work or property of CITY, or upon the illegality or unconstitutionality of any municipal ordinances of CITY, or upon any act or omission of CITY, its officers, agents, employees, subcontractors and independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and CITY shall defend at its expense including attorney fees, COUNTY, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such condition of public street or work or property, or alleged illegality or unconstitutionality of municipal ordinance, or alleged acts or omissions. 2. COUNTY shall indemnify and hold CITY, its officers, agents, employees and independent contracts free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of COUNTY, its officers, agents, employees, subcontractors and independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and COUNTY shall defend, at its expense including attorney fees, CITY, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. -4 of 5- x x t 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed the AGREEMENT in the County of Orange, State of California. ATTEST: BY: City Clerk DATED: COUNTY OF ORANGE BY: Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. BY: Kathleen E. Goodno Acting Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ORANGE %C�O,,U�NTY COUNTY COUNSEL _ BY: NAB" / !' Deputy MS/5100208161499 / -5 of 5- DATED: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor APPROVED AS TO F RM: BY: City Attorney �/ /n -Ir - Ss6e fa 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Administrative Services SUBJECT: Library Service Agreement - City/County: Bolsa Chica COUNCIL MEETING DATE: I October 16, 1995 RCA ATTACHMENTS STATUS Ordinance (wlexhibits & legislative draft if applicable) Attached Resolution (wlexhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) Si ned in full by the Pity Attorney) Attached Subleases, Third Party Agreements, etc - (Approved roved as to form by City Attorney) Attached Certificates of Insurance (Approved by the City Attorney) Attached Financial Impact Statement (Unbudget, over $5,000) Attached Bonds (If applicable) Attached Staff Report (If applicable) Attached Commission, Board or Committee Report (if applicable) Attached Findings/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator initial City Clerk EXPLANATION FOR RETURN OF ITEM: _ .Null Est_ ate -- _- ..-f - .. .. .. _ - . .. _ - .... November 3, 1995 Gov 0 31995 Victor Leipzig Mayor City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Re: Library Services Agreement between City of Huntington Beach and Koll Real Estate Group Dear Mayor Leipzig: Enclosed is the Library Services Agreement between the City of Huntington Beach and Koll Real Estate Group which reflects our commitment to provide $100 per residence toward the capital costs for providing library services to the future Bolsa Chica residents. We are prepared to execute this agreement immediately upon resolution, to our mutual satisfaction, of the City's outstanding objections to our project. We look forward to continuing our discussions with you toward these goals. Sincerely, KOLL REAL ESTATE GROUP z Richard M. Ortwein President t-t �' ft1 Ri RMO:LD:vb '= Enclosure "' cc: Lucy Dunn Michael T. Uberuaga Howard Zelefsky 4343Von Kannan Avenue V//� Newport Beach, CA 92660 (714) 833-3030 FAX (714) 474-1084 X Y • • LIBRARY SERVICES AGREEMENT (BOLSA CHICA) THIS LIBRARY SERVICES AGREEMENT (the "Agreement") is entered into on , 1995, by the City of Huntington Beach, a municipal corporation of the State of California (the "City"), and Signal Bolsa Corporation, a California corporation, a wholly owned subsidiary of Koll Real Estate Group, a California corporation ("Owner"). City and Owner shall be referred to jointly within this Agreement as the "Parties." RECITALS This Agreement is entered into based upon the following facts: A. Owner holds legal title to approximately 1,165 acres described in Exhibit "A" to this Agreement (the "Property") and intends to develop residential uses and possibly commercial uses on the Property in accordance with the Bolsa Chica Local Coastal Program adopted by the County of Orange (the "County") on December 14, 1994 (the "Project"). B. The Property is adjacent to the City and in the City's sphere of influence. The Parties intend that the City will provide primary library services to the Project (the "Services"), so as to provide the future residents and businesses of the Project with needed public library services in the most cost effective manner. C. Certain capital improvements and other expenditures will be required for the City to provide the Services. By this Agreement, the Parties intend to establish how the cost of those improvements and expenditures will be funded. AGREEMENT The Parries agree as follows: 1. OWNER'S MLIGATIONS It is anticipated that the residents of the Project will primarily use the City library system for their library needs. The City currently charges a twenty dollar fee to non-residents to help cover library operating costs. This fee, however, does not address costs for capital improvements, such as library constriction. Therefore, Owner shall pay to the On495 ► R11939.132 131179.1 1 City $100 (One Hundred Dollars) upon the issuance of each residential building permit for the Project within unincorporated territory to be used by the City solely for library capital improvement costs. The procedure for payment of this fee shall be the subject of a separate agreement between the City and the County. If the City and the County have not agreed on such a procedure prior to the issuance of the first building permit for the project, Owner shall pay the fee (on a permit -by -permit basis) directly to the City within thirty days of the issuance of each building permit for the project. For construction within the City, the City's Community Enrichment Fee will be collected at the time of the issuance of building permits. 2. CITY'S OBLIGATIONS City shall allow future residents of the Project access to all City library facilities. Residents of the Project living in unincorporated Orange County shall be subject to any general fees charged to non -City residents, but in no event shall Project residents be denied access to the City's library facilities. 3. AEFAULT AND REMEDIES 3.1 General. The Parties acknowledge that the City would not have entered into this Agreement if it, as a result, it could be liable in damages related to this Agreement, other than the return of monies paid by Owner to the City. The Parties may pursue any remedy at law or equity available for any breach of this Agreement. The City, however, shall not be liable in damages to Owner. or to any assignee, transferee of Owner or any other person for a breach of this Agreement other than for the return of monies paid by Owner to the City. Owner covenants not to sue for or claim any damages arising from this Agreement other than for the return of monies paid to the City by Owner. 3.2. Specific. Performance. The Parties acknowledge that monetary damages and remedies at law generally are inadequate and specific performance is a particularly appropriate remedy for the enforcement of the City's Obligations under this Agreement because of: a. the unavailability of monetary damages against City as set forth above; 0317" 1 K11939-132 131179.1 2 b. the necessity of providing the Services to the Project for public health and safety reasons. 4. FEES AND EXACTIONS Except as expressly provided elsewhere in this Agreement, Owner shall have no obligation to participate in, pay, contribute or otherwise provide any further fees or exactions imposed by City for the installation, acquisition, construction, or completion of any services or public facilities. Except as provided in Paragraph 1 above, the replacement, repair, and maintenance of any library facility within the City shall not be the subject of a fee with respect to, or a condition of, any development approval, annexation or other approval, and no fee, tax or assessment shall be levied by City on any lands within the Project for any such purposes which does not include similarly situated and benefitted developed lands. 5. CALIFORNIA COASTAL COMMISSION 5.1. Applicability of this Agreement. This Agreement is entered into subject to Coastal Commission approval of the Bolsa Chica Local Coastal Program satisfactory to both Owner and County. This Agreement shall not be applicable to the Property until the Coastal Commission has certified a Bolsa Chica Local Coastal Program satisfactory to Owner and County. 5.2. MgdificatioM Before Certification. Pursuant to the Coastal Act, the California Coastal Commission may require changes to County's proposed Bolsa Chica Local Coastal Program before the Commission certifies the LCP. This Agreement shall be of no force or effect unless both Owner and County agree to those changes. 6. MISCELLANEOUS PROVISIONS 6.1. Interpretation and Governing Law. This Agreement and any dispute arising under this Agreement shall be governed and interpreted under the laws of the State of California. 031M I K11931<-132 r 31179.1 3 6.2. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 6.3. Singular and Plural. As used within this Agreement, the singular of any word includes the plural. 6.4. Time Qf Essence. Where an act is to be performed under this Agreement by a particular time or event, time is of the essence in the performance of that act. 6.5. Waiver. If one Party does not insist upon the other Party's strict performance of any provision of this Agreement or otherwise waives performance of a particular obligation, that Party may still, with respect to future obligations, require strict compliance of the same or any other obligation under this Agreement. 6.6. No 7hird Pan Beneficiaries. There are no third party beneficiaries and this Agreement is not intended to benefit or be enforceable by any person other than the Parties. 6.7. Force Maieure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond such parry's control, court actions (such as restraining orders or injunctions), government regulations or other causes beyond such Party's control. If any such events shall occur, time for performance by either Party of any of its obligations under this Agreement shall be extended by the period of time that such events prevented such performance. 6.8. Attorney's Fee. In any litigation or arbitration related to this Agreement, each of the Patties shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees from the other party. 031795 1 KnM-132 ! UM i 4 r 1 • 6.9. Mutual Covenants. The covenants contained within this Agreement are mutual covenants. The default of one Parry shall excuse future performance by the other Party until the default is cured. 6.10. Notices. AlI notices required or provided for under this Agreement shall be in writing and delivered in person or sent certified mail, postage prepaid and addressed as follows: If to City: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Community Development Director If to Owner: Koll Real Estate Group 4343 Von Karman Newport Beach, CA 92660 Attn: Lucy Dunn with a copy to: Paone, Callahan, McHolm & Winton 19100 Von Karman P.O. Box 19613 Irvine, CA 92713-9613 Attn: Tim Paone Any such notice shall be deemed given seventy-two (72) hours after deposit in the United States mail or upon receipt. A party may change its address for notices by giving notice in this same manner. 031795 1 K11939-132131179.1 W 6.11. Transfer and Assignments of Rights and Interests. 6.11.1. Successors and Assiizns. The terms and conditions of this Agreement shall be binding upon and inure to the benefit of the Parties and their successors and assigns. 6.11.2. Rights and Interests Appurtenant. The rights and interests conveyed under this Agreement benefit and are appurtenant to the Property. Owner may sell, assign, or transfer any and all of its rights and interests and may delegate any and all of its duties and obligations under this Agreement. However, such rights and interests may not be transferred or assigned except in strict compliance with the following conditions precedent: a. The rights and interests must be transferred or assigned only together with and as an incident of the transfer and assignment of the portions of the Property to which they relate, including any transfer or assignment pursuant to any foreclosure of a Mortgage or a deed in lieu of such foreclosure; and b. Within five (5) business days of any transfer or assignment, Owner shall notify the City in writing of the assignment or transfer, the portions of the Property to which the assignment or transfer is appurtenant, and the name and address (for purposes of notices) of the transferee or assignee, together with the corresponding number of dwelling units which are included within the transfer. Owner and the assignee or transferee shall notify the City whether the assignee or transferee has assumed any of Owner's obligations under this Agreement and which of Owner's obligations have been assumed. 6.11.3. Release of Owner. Notwithstanding the assignment or transfer of portions or all of the Property or rights or interests under this Agreement, Owner shall continue to be obligated under this Agreement unless released or partially released by City, which release or partial release shall be provided by City upon the full satisfaction by Owner of the following conditions: 031795 I K11939-137 131179.1 a. Owner is not then in default under this Agreement; 2 • • b. Owner has provided City with the written notice required under Paragraph 6.11.2_b; and C. The assignee or transferee has assumed those duties and obligations from which Owner is requesting to be released. The Parties have executed this Agreement on the date set forth in the first paragraph of this Agreement. fir` KOLL REAL ESTATE GROUP, a California corporation CITY: THE CITY OF HUNTINGTON BEACH, a municipal corporation By: Mayor ATTEST: City Clerk By: Connie Brockway City Clerk 031795 1 K11938-132 131179 1 APPROVED AS TO FORM: City Attorney By: 031795 1 K119384321 31179-1 STATE OF CALIFORNIA ) } ss. COUNTY OF ORANGE ) On this day of , 1995, before me, a Notary Public in and for said County and State, personally appeared , City Cleric of the City of Huntington Beach, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. [SEAL] 031795 I K11938-132 131179.1 9 Notary Public in and for said County and State iM Authorized Signature/Positioa STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE } On this day of , 1995, before me, a Notary Public in and for said County and State, personally appeared and, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as and on behalf of a corporation, the corporation named therein, and acknowledged to me that said corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors, and acknowledged to me that said corporation executed the same. WITNESS my hand and official seal. [SEAL] 031795 1 K11938-132131179.1 10 Notary Public in and for said County and State P.1,1 s. 04, 5942 Edinger Ave. • Suite 113-307 • Huntington Beach, Ca 92649 "Dedicated to rhr 60,000 warh of Huntington Beach" Contact: Chuck Beauregard 714-891-1244 Board Members: November 6, 1995 Chuck Beauzegard City Council Task Force s CAaU74Q!1 r Aquaria Booster on Landscape & Lighting Act City of Huntington Beach nr. Marilyn Koellcr 20W Main Street Parent - Educator Huntington Beach, Ca 92648 Michaels Wakeman Gentlemen:` President "` - xa. GrrltSoft&ll Rough draft of "Request for Council Action' seems to well represent Phil Luth what has been discussed. However, f still believe that it is important to A►ea Direcror define how the nioney would be allocated for Youth Groups and the AYSO Area X general public to support it. Phihp Baumfeld First, Citizens are skeptical of govermnenL A $13,000.000 item with a past - President very general description does nothing to change that opinion. The Task Ocean View Little League Force should state and identify a coalition will identify the way the Mike Shsaley money is spent. That coalition would include Youth Sports, School Aquatics Booster Districts and the City and the consultant hired by the City and School Districts (per Sullivan). Richard Henderson Preschool Sports & Member Second, the current plan would develop $2.1 million per year. $2.7 H.B. Chamber of Cononerce Million times 10 years is $27 Million, with 15 years it is 540.5 million. Bruce Bricks, Treasurer Running the assessment for 30 years means it will cost the citizens $81 Presidia million to raise $30 million for improvements and maintenance. We find So- Coast soccer club that excessive. Planning the expenditures in stages, borrowing from the City's capital budget pools and paying interest for the money to the City Alm Armstrong makes more sense, Example, the Meadowlark Golf Course fund could be secretffiy, used Save Ow Kids Mile Simon It is our belief that the City can make this a very acceptable item to the Robinwood LinleLeague citizens or require that the citizens once again, "Just oust me." The former is a lot easier to sell. commatrt Members: Ather Cary Youth Sporu XhuckBeauregard Commissioners, Presidents. Board Members and concerned Parents. Sports Represented: Youth Basrb-A soJrbal( rwinuoing. soccer, roller hockey, basketball and footbalL �I k.