HomeMy WebLinkAboutMINUTES - 10152002 - SD.4 �
TO: BOARD OF SUPERVISORS ` '• CONTRA
COSTA
FROM: John Sweeten, County Administrator
COUNTY
DATE: October 15, 2002
SUBJECT: LAFAYETTE VETERANS BUILDING o MEMORANDUM OF UNDERSTANDING
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONN:
1. APPROVE a Memorandum of Understanding (MOU) among the County, the Lafayette
Redevelopment Agency, the City of Lafayette and the Lafayette War Veterans, Inc., which outlines a
process for evaluating and effecting the proposed sale of the existing Lafayette Veterans Building to
the Lafayette Redevelopment Agency, and the construction and transfer of a new veterans building by
the Redevelopment Agency to the County for use by the veterans.
2. AUTHORIZE the County Administrator to execute the MOLT, .DIRECT the County Administrator to
work with the Lafayette Redevelopment Agency to develop a project budget and determine the
feasibility of the project and, if the project is found by the County Administrator to be feasible,
DIRECT County staff to prepare formal documents described in the MOU for further consideration by
the Board of Supervisors.
3. DETERMINE that if, and at such time as, the new veterans building is conveyed to the County, the
name of the new facility will be the"Veterans Memorial Building."
CONTINUED ON ATTACHMENT: _YES SIGNATURE: � >
RECOMMENDATION OF COUNTY ADMINISTRATOR lRECOMM�OAT#ON OF BOARD COMMITTEE
APPROVE —OTHER
SIGNATURE(S):
ACTION OF BOARD ON ; 'C;s — APPROVED AS RECOMMENDED OTHER
f
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT s;ri I HEREBY CERTIFY THAT THIS IS A
:` } TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: ,,.. .,".
ATTESTED %t�
CAO JOHN SWEETEIV CLERIC OF
' THE BOARD OSUPERVISORS
AND CgUNTY ADMINISTRATOR
BY, �C yj ill—e—.LL DEPUTY
BACKGR017 MWASON FOR REC MMENDATIQN 2
Over the past year, County staff',with the leadership of Supervisor Uilkerna, have been engaged in discussions
involving the feasibility of a joint project in the City of Lafayette that, if successful, would permit the City to
build a new library and also build a new veterans building that would be transferred to the County upon
completion. Although the original concept included possible participation by the City of Walnut Creep; the
proposed Memorandum of Understanding recommended today involves only the City of Lafayette, the
Lafayette Redevelopment Agency, the County and the Lafayette War'Veterans, Inc. A provision of the MOU
would allow the parties to agree to future participation by the City of Walnut Creek if it proves to be feasible.
In very general terms, the proposed project consists of the sale of the existing County-owned Lafayette
Veterans Building to the Lafayette Redevelopment Agency;the construction of a new veterans building by the
Lafayette Redevelopment Agency, funded in part with County's proceeds of the sale of the existing building;
and the transfer of title of the new veterans building to the County upon the completion of construction. The
new veterans building will be leased to the Lafayette War Veterans, Inc. The veterans will continue to utilize
the existing facility until the new building is constructed and accepted by the County. The MOU is intended
to describe a process by which the parties will work together to determine whether this project is feasible and,
if so,how the project will proceed.
The County share of the final project cost will be limited to the appraised value of the existing Veterans
Building, with no additional general fund revenues committed. Once the MOU is approved by all parties, the
County and the Lafayette .Redevelopment Agency will negotiate to prepare a budget and determine the
anticipated project costs. If, the parties are able to agree on the project costs and determine that the project is
feasible, formal documents, including purchase and sale agreements, a new lease with the Lafayette War
Veterans,Inc. and other documents,will be prepared and returned to the Board for approval.
The existing Lafayette Veterans Memorial Building is located within the boundaries of the Lafayette
Redevelopment Agency and this will be a project of the redevelopment agency. By an Agreement dated
January 16, 1996, the County, the Lafayette Redevelopment Agency and the City of Lafayette stipulated that
the Agency would not claim countable tax increment, as defined in the Agreement, for redevelopment
purposes in excess of$75 million. However,it was agreed that the countable tax increment would not include
monies spent for facilities that were designated by the Agency, the City and the County a "mutually
acceptable projects." The MOU specifies that this project will be considered a"mutually acceptable project"
and thus will not be counted against the$75 million cap.
r
s
MEMORAINDUM OF UNDERSTANDING
AMONG CONTRA COSTA co NT*I,LAFAYErrE REDEVELOPMENT AGENCY,
CITY OF LAFAYETTE AND LAFAYE`T M WAR VETERANS,rNC.
FOR THE CENTRAL COUNTY VETERANS MEMORIAL HALL PROJECT
Tnis trr jvTO j ISM OF'UIZE i A ING CIAOU"),dated of 15 day of
ocrgbEfi ,2042,sg entered into by and among the CCILTI TY OF CONTRA COSTA,a
political subdivision of the Stag of California,her6nafler ref er to as"COUWL Y,"
LAFAYETTE REDEVELOPMENT AGENCY,a public body corporate and palmic existing
er the laws of ilie State of CaUbrnia,her afte€rcfmcd to as;:L.RDA,"the CITY OF
LAFAYETTE,a municipal corporation.hereinafter referred to as"CITY,"and the LAFAYETTE
wAP�,VETj-zNs,INC.,a Vetaa&Association as domed in Nf&wy and-V etcraw Code
Section 1264,hesemafter referred to as the`VETEJUNS' ASSOCIATION."
RECITALS
A. COUNT'Y is the owner of the Lafayette Veterans Memorial Beiidwg property,APS'243-
231-014,commonly known as 3491 Mt. Diablo Boulevard in the City of Ufayctte. ibis
btislding is ted rid held fort-be use and btuefit of the VETERANS'
ASSOCIATION wbv leases it from the COL NTY.
E. L€ DA and CITTA`have proposed that a new Central County V ettram Memos Hatt be
constructed in Lake(the"PROJECT")to replace the existing Lafayette Veterans
Memorial Biding for the use nodi benefit of the VETERANS'ASSOCIATION.
C. COUNTY,LRDA,C1IY md the VE`I'EI{ANS'ASSOCIAU£IN have mtt az:dis=sed
the proposed PROSECT and support dis joint effort to provide the VETERANS'
' ASSOCIATION with a moden,attractive facility that is expected to favi to increased
I
patticipawn by veter s and provide a desirnble sate for social civic events and groups,
as approved and administered by the V li l'EKANS' ASSOCIATION.
r
3
i
4
i
,y
e
D. The parties anticipate that the VETERANS' ASSOCIATION will corAin a to take an
active}Hart in discumions relating to the PROJECT. Upon completion Of the PROJECT,
the °iB S' ASSOCIATION will have thc honor of naming the new veterans
memorial building.
E. LRDA would Ue to p h frau the,COUN-'f the ulsciag Lafay e Vctaraw
Memorial ceding,which is.located within the bouadaaics of the redevelopment agency,
for redevelopment peaposes to allow for development of a new Lafayette branch likry in
that location.
P. T he des intendm3less oth seut .j agreed in writirS,that the use anal
occupancy of the existing memorial building by the VETERANS*ASSOCIATION wz i
not be disturbed at any way during the course of the PROJECT,and that the transfer of
rule to the existing memorial building will not occur until the PROJECT is complete.
AGREEWNT1
. Pz gse. The purpose oaf&-is MMU is to set forth the 'understanding of the steps
that must be taken to accomplish the PROJECT and delineate,to the extent]mown at this
time, the roles and msponsibiUties of the parties involved in the PROJECT-
2. A rnval ofMQU. This MOU is subject to approval by the VETERe S
ASSOCIATION,and by the governing bodies of COUNTY,LRDA,and CITY, 'leis
MOXJ wilt he=bmitted to the VETERANS'ASSOCIATION first for approval, and
thereafter to the governing bodies of the other parties.
J. PRtJ3ECT_S_t s. Set forth below is a summary of the steps that the parties b:. mo.must
be talo to accomplish the PROJECT, This list is not necessarily exclusive ate,as the
plantdng proem proem&,Other rtes may be identified" The parties will cooperate with
each athcr its this Planning prooxss.
A. I7=Minatiaas of PROJECT p'easr)My and. green Uacsn Proiect Co9t.
LRDA and COUNTY will take the actions ape'cifed below for the purpose of
detcrmin4 the feasibility of the PROJECT and, if the PROJECT is foutud to be
feasible,to a adeavorr to negotiate an agreed upon proift--t cost("Agreed Upon
Project Coast').
2
s
(4 Co cL. LRDA will act as lead agency under the t fifer nia
Environmental Quality Act C'CEQA'I with respect to purchase and
assoubtag:of€Ire'TRCJEC'T Froper:y"identified in$Quire 35 --.v,
co==t=of the PROJECT,and conveyance of the PROJECT Property
to COUNTY,a3d will au &�CEQA ducumems to COUNT 'max for
review and approval by COUNTY staff
(2) AgxajaLRDA has obtained an appraisal of the"Craig and Mossman
Property"and the"City Road Property„identified in Sections 3B(l)and
3E(2)below,using an appriaiser acid im appy-=W m�:aodoloWy appro-red
by COUNTY, and will submit these appraisals to COUNTY for review
and approval.
(3) Environm=W Review of PRMC E Prouty, LRDA will perform all
necemary investigation and testing,of the conditions of the PROJECT
Property,including(at a minimum)a Phase I hazardous materia]review,
using a consultant approved by COUNTY, The Ment of testing that as
required must be approved by COUNTY,since Ct?UNT`r'is to be the final
ovraer of the PROJECT Propety.
(4) 'Title Review of.PRMC'T Progmy. LSA has obtai a title policy for
the Craig and Mossman Property and the City Road Property and will
submit the title policies to COUNTY for review and approval..
(5) PROJECT S2ggiLc9ions. COUNTY will provide LRDA with COUNTY
Building Design and Conetr`actirn Guideline Standards("County
Stan')to be used by LRDA in its preparation of PROJECT plans and
specifications. LRDA will prepare preliminary PROJECT specifications
that will include,at a minimum,the following specific requirements of the
VETERANS' ASSOCIATION,and will submit the pretituinx°y PROJECT
specifications to COUNTY for review and approval,
(s) Enr' . Spacct The building will contain at least 8,000 square
feel.
• (b) Par_ ,k . There wilt be at least 40 parking spaces on the property_
(c) The building will have a kitchen,club room,restrooms,
and a large,dividable assembly room,
(fi) PR( r
g "l'r ucf ee, rased upon die infwmatiort contained in the approved
appraisals, eravirownental review and.preiitrunary PR.C)ECT
speedtions,LIRA wM pale a budget for the PROJECT and w
subca t the budget to COUNTY for approval.
(7) ;e I3pcaaa Prasiect Cost. Following review of the budget,COUNTY
and LRDA will endeavor to aaegfltiate an Agreed Upon Project Cost, which
w0l include,but not be hraited to,the assts of lad acqudsition,design,
site preparation and consmction. The Agreed Upon Project Cost will
detern&e the extent to which COUNTY fiords will be used for the
PROJECT as described in Section 3E(2)(b)below.
(8) PI JECT Jeri 'ry Following their review of the buds and
negotiations to reach an Agreed Upon Project Cost,and after consulting
with the VETERANS ASSOCIATI N,COiIN' Y and LRDA will
determine if the PROJECT is feasibte, Nothing in this MOU requires
COUNTY or LRDA to prod with the PROJECT if an Agreed Upon
Project Cost cmmt be reached or if either party, iu its sale discretion,
determines that the PROJECT is,for any rewon,not.feasible.
R. A a si3iun of Ek
Q-XCT ELQperty. If'the PROJECT is found to be feamble,ft
parties intend that LRDA will take:he following steps to acquire and assemble the
PROJECT Prop}.
(f) g and Mosstnwi ftg2 'v_ LRDA leas acquired from property owners
Craig and Mossrnaaa,at the a taiscd value approved by OOUi4l'I'Y under
Section A(2)hereof,approximately 29,000 square feet of land located at
the nowt comer of W Diablo Boulevard and Rasa Road in Lafayette
("Craig and Mossman Property'"). LRDA wM provide Count;with a corky
of the escrow closing statement or other evidence requested by County to
vcrify the purchase price of the Craig and Mossman Propeny,and with
4
t o
evidence satisfactory to County 10 verify WnIPliallce with CEQA.with
respect to the purchase of the Craig oval Mossman Property.
Prot w. LRDA has acquired Prow CITY,at the€ppralsed
value approve.by COUNTY under Section A(2)hereof,approximately
14,E squam feet of land located at the northeast corner of Wit, Diatkio
Boulevard and.Risa Road in Lafayette("City Road Property"). I.RDA will
wide County with a copy of tho escrow closing Statement or ofW
evidence requested by County to v+ertfy the purchase price of the City Road
Property,and with evidence satisfactory io County to veru compliance
with CEQA with respect to the purchase of the City Road Property,
(3) ASseml la a of PROJECT Prcrgert<i. LRDA Inas combined the Craig and
Mossman Property and the City Road Property into one legal parcel,
totaling approximately one acres of Land C'PROJEC.T Property'). LRDA
will provide County with evidence satisfiactory to County to verify the
legal assemblage of the Craig and Mossman Property and the City(toad
Property into one legal parcel,and to v=*compliance with CEQA with
respect to the assemblage. LRDA will also conduct further investigation
of the conditions of the PROJECT Property,if determined by COUNTY to
be necessary,and perfbim any remediation,removal or restoration work
necemary or appropriate to the development of the PROJECT.
C. nQMCLQmLelq hent and Construction. If the PROJECT is found to be
feasible,LRDA will,aim receiving input from VETERANS ASSOCIATION,
prepare final desist ard engineering ply,contract plans and specifications and
mginis cost estimate for the PROJECT based tarpon County Standards and the
approved prelim Barry PROJECT specifications. LRDA will sutmdt the final plans
mad two(2)copies of specifications of materials and equipmrnt for the PROJECT
to CC LWrY for review and approvals by the County gyral Services Department
Architectural DivLsiott and COLNTT 's Board of Supervisors. After approval of
the kraal plans and specifications by Ct:}lJNUY's Board of Supervisors,LRD
will advertise the contract and review bids fox the PROJECT,perform contract
adni st-ation,inspection and materials testing for the PROJECT,and take all
ether necessary steps to cotutract the PROJECT on the PR.tkSECT Property to
Cot=ty Standards and the approved ft2l plus and specifications_ After approval
5
by COINTY, LRDA will not make or cause to be rade airxy changes in the plans
or specifications without the prior wrrinn consent of COUNTY. The parties
understand that this is a project of LRDA and not a COUNTY Project.
Nonetheless, LRDA will comply with California Labor Code Sections 1720-
1861,and all otlr applicable governmental rules and regulations, in the
construction of the PROJECT. LRDA.may choose to accomplish the construction
of the PROJECT tkwougb a disposition and development agr or solar
agreement with a private developer,subject m COUNTY approval of the
developer and the ternis of such agree t. COUNTY will have the right to visit.
the PROJECT site string construction,but will not unreasonably interfere with
the construction,arid will notity LRDA of any rest rens,,recommendations or
&crepancies related to the construction of the PROJECT. COUNTY racy
request change ordain during the course of the PROJEM'and will gay the rifted
costs up to the amount of the"Total County CW'described it Section 3E(2)(c)
below. In such imtance,LRDA and COUI' I Y will work m good faith to
mooTorate those change orders into the PROJECT recognhing the financial
consists of the parties to ilia FR, CT. CITY agrees to wage any and aU fees
associated with the development and construction of the PROJECT, The parties
are imaware of any COUNTY&es associated with the PROJECT.
PI OJE( Completion_ The PROJECT will beconsitiffe l complete when both
of the following events have occurred.
(I). Adoption of Resolution of Acceptance and Notice of Cofrcptetian. The
construction docunwatts will provide that LRDA will accept the PROJECT
_s complete upon total completion,tion,gather than substantial completion,of
the construction of the PROJECT. As a prerequisite to acceptance of the
PROJECT,COUNTY and LRDA will coruluct a fl-aal joy inspection.
After COUNTY has determined that the work permed by the contractor
has been completed in accorrdaace wide the PROJECT plans and
specifications, COUNTY will providx written notice to LRDA of its
approval of the PROJECT. Upon receipt of COUNTY's written notice of
appcoval of they l'RO.PECT,LIRA may proceed to adopt a resolution of
E acceptance and no lice of completion of the PROJECT.
f
i
x d
it
k
3
(2) $ umaim"offmal hojgct Costs_ upon approval of the PR.CJECI-l)y
COUNTY and acceptance by LRDA,COUNTY and LRDA will mutually
determine the total,actual,towable costs for the PROJECT("Final
Project Costs73- The Final Project Costs will include,but not be limited
to,ffbm lid to outside consuhants%ho have *Sed in project
investigation,the costs of land acquisition,design,site preparations and
construction.
F`q==of k OJ2CT osis. PROJECT costs will be paid in the assovssts and
mer set forth below.
(1) liar to PRQJLC CQmpl=. . During the course of the PROJECT,
LRDA will pay an costs connected with the development and construction
of the PROJECT, includixig fiLt not!kited to costs maurred to conduct all
appraisals,investigations and testing of the PROJECT PropertY:acquire
the PROJECTx Pro t,prepaxe pte&wawy and final design and
etueef°ing plans,contract plans sod spccifscations(based upon County
Standards and the approved pttliminwry PROJECT spec tieations),
advertise the contract,review tom,award the contract,perform contract
administrations, inspection and materials testing,and construct the
PROTECT.
(a) PRCi T lG3 rsites ` ging the towse of the PROJECT,
LRDA will report PROJECT costs to COUNTY at agree&upon
intervah. LRC3A.aad COUNT Y Zv i work togefficx to"eve the
goal of developing and constructing the PROJECT at the Agreed
Upon Project Cost.
(� Eollowa _R.QQMQI Cot k t ts. Within 120 days foilow4 appr'ovai of
the-PROJECT by COUNTY and acceptance by LRDA,LRDA will
prapare and d3eUvei-to COUNNI Y a report of all Final Project Casts
incurred and payments made by LRDA. LRDA's report will include a cost
summmy,copies of all contracts and,changc crdw,invoices and canceaw
checks. Upon CLtUNTY's approval of LRDA's report,COUNTY and
LRDA Wid daMminc bow emal Project Costs arc to be paid,based cm the
mowiUg:
T
3
a
{
f
a) 1 3 yir��e Doff /�yiy/�yF�y j2 Costs, LRDA pay the first Three
lY�on DoHa s($3,t{W,LVV)of the Vk-W Project Coats CLD11 CS A
Sh C§I).
} � 1 i $re cif Fi I:�roie�t r,sts. Of the remaining balaixe
of the Final Projekt Costs,COUNTY's shy will be the amount
zacr the&SIE' e Mau DO5 (S3, 00,0w)ups to the amount
of the Agreed T3pou Project Cost,plus the cost of any change
ord=reque med iu writing by COUNTY,but only up to the`Total
l
County CW'described in Section 3l (2)(c)below("County
Sitars''_ The Co;IMty Share will be paid to LRDA only after the
property conveyances described in Section 4 have occurred,
(d) Total Cotm CU. COUNTY"'s total cownbution to the cost of the
PROJECT will not,under any circumstanrts,exceed the mount of
the"Laf"ay=c Fxirclwe e'(7otal County CSV„),as described
in Section 4A below.
(d) EW91 krpimt Costs° If the Final Proj=Costs exceed the
combined urnount of the LRDA Share and the County Share,
LADA will pay the excess Final Project Costs without
reimbursement from COIXrY,
(e) �u..� r AW-Mt—able Prosect. Actual,anreieawned PROTECT
costs paid by LRDA and approval by COUNTY will be considered
by COUNTY TY and LRDA to be a"mutually acceptable ajw"as
defined in Section i of r2te January 16, 1996 Settlement Agent
between COUNTY and LRDA. Costs reanbutsed through
COUNTY°s contnbutionofthe County Sbam or from any eater
source wia not be considered part of the actual,urrejmburse=d
]PROJECT coats paid by LRDA-
4.
RDA4. €art "T' x, 1 TIOT . Upon n
Po approval of
this MOUT,LRDA will,open an escrow with Plan Title Company, 1981 North
Broadway,Sate 302,Wait Creek,CaLfornia C"Escrow Agent"), for the fills wjag
property transactions. These property mnsactions are intended to occur simulta=Usly
8
upon oomplotion of the PR04—EC 1 to COUNTY'S satisfaction as descries in Section
3D(l)above,and prior to payment of the County Share to LRDA.
A. Cetus ancc of Lafa�ertte�'�t� � ;trial�ztu � �Y 1�urc e
Price. COUNTY will convey the Lafayette Veteraw lMemorial Building Property
pwsuauut to a p c"-r.and sale agrmwcat pcepar ed by COIN Y,in an" is„
condition,to LRDA in fee simple absolute for the appraised value of the Lafayctte
Vetere =orW Building proper set forth in alter appraisai prepared by
Roland H.Burchard, NW,dated November 19,2001,as updated'within six(6)
months prior to the conveyer of'-the 3aiayette Veterans Memorial Buw*
property C Lafayette Purchase Price". As additional consideration for this
conveyance,LRDA will md=nuify and hold MOIN Y hxugm fmin any clams,
cost or liability arising out of or related to the condition oftbe property or the
prescuces of any hazardous substance in or around any part of the property,
including any investigation,cls-up,reauedial,tetaoval or t=toration costs.
LRDA W1 act 25 lead agmery under CEQA vnth respect to the conveyance of the
Witte:Veterans Memorial Building Property to LRDA and the future use of the
property by LRDA.
B. Cev of IROJI✓O Preeperty a Camsideratin, LA evil`s convey title to
the PROJECT Property to COUNTY in fee simple absolute,ptusuant to
a purchase aad sale agr= t ptepared by 0YUNTY,in considcratio t for the
COt1NTY's contribution of the County Share of the Final Woje a Costs_ The
pwties aWw that.COUNTY shall give LRDA theright of&st oq. e r,pumtaant to a
right of fust offer agreement prepared by COUNTY,to repurchase the PROjWr
Property at fair market value in the event the VETERANS' ASSOCIATION
abandons its use of the PROTECT under Military and Veterans Co&Somion. 1266
and C01WTY rhercAeer determines,by official action of CU'l.NTY's Board of i
Supervisors,to sell the PROJECT Property,
C. Leme to VETERANS'ASSOCIA°i"QNT Following conveyauce=of fee aide to
the PROJECT property to COUNTY,COUNTY will easter into s lease with.the 3
VEIBRANS'ASSOCIA1It3N allowing use of the PROJECT property for the
same general lease term and rent considerations(10 years at S 1.00 per yew)
contained)in the lie c=erttly in effect bctw COUNTY and the
VMRANS' ASSOCIA TON, Prior to twering into the r*w lease,and at the
9
tme deed necessaryby COU-kriY to accomplish the PROJECT, the
VETERANS' ASSOCIATION will execute a Kase termination agreement for
the current lease of the existing Lafayette Manorial Building.
U. ober bo ion If the PROJECT s found to be fusible,the parties will
need to execute,acknowledge and dei{ver further agre ments to properly
docum=the above-dese6bed propesty tr; at, o ,as scow as is reasonaEl ly
possible. The agrectusmts will incorporate the applicable terms of this MOU and
provide grater detail to accomplish the property urarssactions described above.
5. A fimdQ t of)40U Uwa Sak of Wa:igut eele.' eLeraus Memorial Building.
COUN'T'Y is the owner of the Walnut Creek Veteraas McizmorW Building propexty,APN
184-06"13,commknown as 1250 Locust Street in the City of Walnut Creek. The
Walnut Creek Veterans Memorial Building property is dedicated and held fbr the use and,
beuefr:of the Walnut Creels Veterans'hdeworW Building,a Vottwarrss Association as
defined in Nfiitary and Vetcrans Voda Section 1260("WC Veterans' Association!),who
lease it from COUNTY. The parties agree to consider its goad faith whether to amend
this MOU to acrd certain proceeds from the sale of the Walnut Creels.Veterans Mer o al
Bu"ng propeny in tiro total amount of S1,i 0,000 to the "Total County Cap54 provided
that all of the fallowing occur: (i)COUNTY conveys title to the Walnut Crook Veterans
Memorial BuMing to the Walnut Creek Redevelopment,Agency("WCRDA!')during the
ten year period commencing upon execution of this MOU for the appraised value of the
prc petty and on the same tenm and condidc ns as proceed hereLnfor the conveyance o
the Lafayette Veterans IVMetnoriai Building property to LRDA,(ii)the WC Veterans'
Association volimai*executes a termkuitlon of its lie for the Walnut Creek Vegans
Manorial Building,(iii)the WC Veterans'AssociMion and VETERANS'
ASSOCIATION execute a joint lease for the RR€`TEProperty,.and(tv)the WC
Veterans'Association provides its written consent to the dedication of the PROJECT
11yoperty in lieu of the Walnut Creek Vets' Mi emob;il Building property in accordance
with Military and Veterans Code Section.1266.
6. 1ta auve~
indamiV,W°anrwy and Boxssic. 'sae coutiact docutuets for the PROJECT
shalt include provisions requiring the successful bidder to provide insurance,indmnity
and warranties in the awounts and manner set forth below,
10
A. Irss awe. Contractor will be re gaircd€o se-Vire and Main in f force and
effect during construction ofthe PROJECT worker's compansation and public
liaimlwj insuramc in forte and l=eis of liability satisfactory to LRDA and
COUNTY,natnibg LRDA and COUNTY,their governing bodies,officers,amts
and employees as additional insureds.
B. in Contractor*iii be req*ed to defer laded and hoW mess
LRDA and COUNTY,their governing bodies,office n,agents and employees
from lialAry arising from or in any way related to the PROJECT,
C. war, , In addition to all wanauties existing at iaw,Contractor will be tejgah-d
to provide an gess warranty for the benefit of LIMA and COUNTY,in form
and for a lime period satisfactory to LRDA and COUNTY,contairang,at a
minimum, Contractor's guarantee that the work has bcetr performed in accordaance
with the plans and speci dons,and Coutractor's agreement to repmr or replace
all work that fans to conbim to the plans and specifications or proves to be
defective in workmanship or materials during the stated time period.
D. DoxLs Ccztractar w be required to p==t two good and sufhcsent surety
bonds,for paym=t and performmwe,each in an amount equal to 100%of the
cold ct%i=cd by a surety admitted in the State of Ca ii'o m a fo
satisfactory to LRDA and COUNTY,naming both LRDA and COUNTY as
obit,gew on the bow.
The aforementioned insures policies shall contain.a provision That the insurance
afforded daeby to the additional inwreds shalt be primary insurance to the full limits of
the policy and that,if any of the additional insureds has other insurances or self-insurance
t
against ae loss covered by such policy,such insurance or self-inswance shag be excess
insurance only. Before beginning construction of the PROJECT,the contractors shall
submait to 1p, A and COLWFY a certificate of insurance evidencing the regaairred
coverage and requiring the carrier to give at least 30 days written notice to LRDA.and
COUNTY of any cancellation,non-renewal or material modification of the policy,
CC)C3N—fY shall not be responsiblo for umsnt ing that this requirenaetat has been met before
allowing construction work to proceed on the PROJECT.
11
7. Accts WM L RDA will be strictly accountable for all and will report to
COUNTY all receipts and&bursements for the PROJECT,
j
Xgukatim ofM+U. C0114TY's and L.RDA's obligation to proceed with toe
PROJECT steps upon the completion,to COUN"l•'Y's and LRt7A's satisfaction,of
each of the PROJECT steps outlined hers. In particular,COUNTY'-,;obligation to
contribute the County Share of the final Projw Costs will arise only if the,conveyance of
the i ay+ettc Vcteraw Memorial Building property occurs at the price and on the to=
outbned in Section 4 above since COUNTY emot commit new genal fined revenues to
this PROJECT. If either COUNTY or LRDA believe the PROJECT"is.not pro o g as
outfincd hers,either COUNTY or LRDA may, in its sale discretion,to tinate this
mov.
9. _N All notices(including requests,demands,aWovals or other communications)
under this MOU tztwt be m waiting. Ire place for delivery of all stances given under this
a will be as follows-
COUNTY:
ollows:COL.N TY: Contra Costa County
Office of the County Administrator
651 Pine St., I Ith Ploor
Martinez,CA 94553
Anti:Scott Tandy,Cbicf Assistant CrswAy Administrator
voids a copy to:
Caro,Chats,Lease Manager
1220 Mordlo Avesaue,Shite I Ota
?+roti- ,CA 94553
LRDA.: Lafayette Redevelopment Agency
PIO.Box 1968
'3675 NSt. Diablo BIvcl_, Suite 210
Lafayette,CA 94549
Com': City of Layette
P.O.Box 1969
3 67 5 Mt Diablo Blvd,,Suite 2 i 0
Lafayette,CA 94549
12
la 3 Frc >„
ill IER.ANS' Lafowe War Veterans,Inc.
ASSOCIATION: P.O.Box 50)
3491 Mt.Diablo Blvd.
Lafayette,CA 94549
t ,oUMt % The panias hexeto recogize and agree that separate counterpart signature
pages may be used but that alll such pages constitute one and the same MOU.
11. Conawaction. The section headings and captions of this MOLT am, and the arrangement
of this instrt meat is,for the sole convenience of the parties to this MOU, The sectit'r3a
iieadings,captions and anaagewmk of this instrument do not in.any way affect,limit,
amplify or modify the tam and provisions of this MOU. This MOU will not be
wnstrued as if it bad bei prepared by one of the panics,but rather as if both path have
prepared it. The parties to this MOU and their counsel have read and reviewed this MOU
and aga—that any nde cif can4truction to ane %i that ambiguities are to be riolved
against the drafting party will not apply to the interpretation of this MOU. The Recitals
are,and will be enforceable as,a part of teas MOU,
12. Eyghgg As'surancWhenever requested to dei so by tk other patty,eacka pwty will
execute,acknowledge and deliver alt further conveyances,assignments,confirmations,
satishuctions,leases,pUwas of aEtomey, instruments of further assurance,approvals,
consents and all fttrther instruments and documents as may be necessary,expedient,or
propa,in order to comms all convey ,transfers,sales.and asci is inner this
MOU,and do all other acts and to execute, acknowledge,and deliver all documents as
requested in order to carry out the intent and purpose of this MOU.
13. A waiver or lues of any covenant or provigion its this MOLL will tat be
deemed a waiver of any other covenant or provision in this MOU, and no waiver wdl be
valid unless in writing and executed by the waiving party.
14. iia Dird Pally Bene aria. Ths, NtOU is inteaded solely for the baft&of the parties
hereto,and no third party will have any right or interest in any provision of this MOU or
as a result of any action or inaction of any party in connection therewith,
lS. Scve h itaa If MY tam or provision of this MOO is,to any catcnt,held invalid or
unenforceable,the remainder of this MOV win not be affected.
13
,
,
1
GqMM&Law and Venue. This MOU will be governed and exynsmied m amordance
with California law, The venues of any litigation pertaining to this MDU will be Comm
Costa Conry{y,Califomia.
CONWRA CO TA COUNTY LAFAYETTE REDEVELOPWNT
f AGENCY
C Baty Administrator
RE,CONCAENDED FOR APPROVAL- AP. TO FORM:
Barton I Wit, By
Cetaeral"' des I}irectar velopai A.gettcy Counsel
RECO&DAENDED FOR APPROVAL- CITY OF LAFAYETTF
Maur!ce Sly,
PMW ks Director By
BY
APPROVED AS TO FORM: APPROVED AS TO FORM:
Silvano B.M bmi
County Cou iL4 BY
By City Attorney
Deputy
Board.of Trustees of the Lafayette
war V
By %i"
By
By
ItUtwdF4bgertymwsafk3snRber�mdCeerttm3 tw:acy'M`da�sraai�iall62�afeNr3erawrS:t!;fC 4s�pRpMteefbeei!FLSf�iw�lfe5at?t�Si,62}rpd
14