HomeMy WebLinkAboutMINUTES - 03091993 - 1.13 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: March 9, 1993
SUBJECT: DANVILLE LIBRARY - AMENDMENT TO AGREEMENT - DANVILLE
W.O. No.: 5237 Task: ACQ Account: 3540
9PECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. APPROVE Amendment to agreement between the County, the Flood Control District and
the Community Redevelopment Agency of the Town of Danville for the purchase, by the
Agency, of the Danville Library.
B. AUTHORIZE the Board Chair to execute said amendment on behalf of the County.
C. AUTHORIZE the Chief Engineer to execute said amendment on behalf of the Flood
Control District.
II. Financial Impact:
None
III. Reasons for Recommendations and Background:
On July 8, 1986, the County and the Flood Control District entered into an agreement with the
Community Redevelopment Agency of the Town of Danville providing for the sale of the Danville
Library to the Agency and for the Agency to provide a new library. Because of changes in the
availability of funding and possible future funds the Agency desires to restructure the agreement
in a way which will allow advance acquisition of the existing library.
IV. Consequences of Negative Action:
Community Redevelopment Agency of the Town of Danville could loose funding to the State.
Continued on Attachment: SIGNATURE: '
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON )-n q� / 9 9 3 APPROVED AS RECOMMENDED OTHER _
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT Z )
AYES: NOES:
ABSENT: ABSTAIN:
PBG:Io I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
c:B021ib.t2 Board of Supervisors on the date shown.
Orig. Div: Public Works (R/P) ATTESTED. /h4'1a.,A q, /,I y-3 —
Contact: Paul B. Gavey (313-2220) PHIL BATCHELOR,Clerk of tya Board
cc: County Administrator of Supervisors and county Administrator
Auditor-Controller (via R/P)
P. W. Accounting es► = - - �A°''t"
Library
Town of Danville via P/W
AMENDMENT TO AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT
AGENCY OF THE TOWN OF DANVILLE AND THE COUNTY OF CONTRA COSTA
REGARDING PASS-THROUGH OF THE TAX INCREMENTS PURSUANT TO HEALTH
AND SAFETY CODE SECTION 33401
1. Effective Date and Parties. Effective on // +- 9 1993, Contra Costa
County including the County Library District (herein called "County"), Contra Costa
County Flood Control and Water Conservation District (herein called"Flood Control
District"), and Community Development Agency of the Town of Danville (herein
called "Agency"), mutually agree as follows:
2. Purpose. The parties desire to amend that agreement they entered into effective
July 8, 1986, entitled "AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT
AGENCY OF THE CITY OF DANVILLE AND THE COUNTY OF CONTRA COSTA
REGARDING PASS-THROUGH OF TAX INCREMENTS PURSUANT TO HEALTH
AND SAFETY CODE SECTION 33401".
3. Amendment. Said Agreement is hereby amended as follows:
Section 4. a., is deleted in its entirety and replaced with the following:
"Either before, or immediately after the construction of the New Library, Agency
shall either purchase, or arrange for the purchase by a third party, of the existing
County library, located at 555 South Hartz Avenue in the Town of Danville
("Existing Library") at fair market value. If the sale occurs before the New Library
is constructed and ready for occupancy, the Existing Library shall be leased-back
to the County, rent free on terms and conditions acceptable to the County. The
County shall continue to be responsible for all operational costs associated with
the existing library including the building, site, site improvements, and any and all
utility costs. County will continue to insure the building. Under no circumstance
shall the Existing Library be closed, or any lease of the Existing Library to the
County be terminated until, except in accordance with the transition plan
referenced in Paragraph 2 below, the New Library is constructed and ready for
occupancy".
Section 4. b., shall be deleted in its entirely and replaced with the following:
"The entire proceeds of the sale of the Existing Library shall be allocated by the
County to the Agency which shall use the proceeds for the sole purpose of
constructing, furnishing and purchasing books for the New Library. The Agency
shall be responsible for the entire costs of constructing, furnishing and purchasing
books for the New Library."
Section 4. the following paragraphs shall be added to Section 4.:
"d. All of the books and furnishings in the Existing Library shall remain the
property of the County, regardless of whether they are moved to the New
Library or not.
e. Prior to the sale of the Existing Library, the parties shall make a transition
plan for moving from the Existing Library to the New Library which will allow
up to 90 days for the process of moving while maintaining an open library
as much of the time as possible.
f. If, in the County's discretion, it becomes necessary to transfer We of the
Existing Library out of the County's name prior to the completion of the
New Library, the deed to the purchaser shall provide that if the New Library
is not completed in the project area by January 31, 2000, County shall have
the right to re-enter the subject property upon exercise of said right. The
estate granted will terminate and revert to the County."
4. EFFECT. Except for the amendment agreed to herein, said Agreement remains
in full force and effect.
COUNTY: AGENCY:
COUNTY OF CONTRA COSTA COMMUNITY DEVELOPMENT
AGEN OF THE CITY OF DANVILLE
B l �� � B
By: y..
Board Chair airm
ATTEST: PHIL BATCHELOR, CLERK ATTEST:
OF THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
By: By:
Dep , Clerk ecretary
CONTRA COSTA COUNTY FLOOD Approved as to form:
CONTROL AND WATER
CONSERVATION DISTRICT City Attor
---
Chief Engineer
Approved as to form:
Victor J. Westman
county Counsel
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