HomeMy WebLinkAbout08-22-2023 Funding Contribution Agreement with SLO County for Buckley Road ImprovementsDocuSign Envelope ID: 3D7AOB9C-6EBB-483B-99AA-OFDO77397723
CONTRIBUTION AGREEMENT
This Agreement, entered into and effective on AmAw5+ 22� 202�
is between the COUNTY OF SAN LUIS OBISPO, a political s bdivision of the State of
California ("County"), and the CITY OF SAN LUIS OBISPO, a charter city within the
State of California ("City").
RECITALS
WHEREAS, the City certified the Avila Ranch Development Environmental
Impact Report and entered into a Development Agreement with Avila Ranch, LLC ("Avila
Ranch") on October 3rd, 2017 by Ordinance No. 1639 (2017 Series); and
WHEREAS, under Section 7.1 Lb of the Development Agreement, Avila Ranch
agreed to provide $230,000 (the "Funds") to the City to fund operational improvements to
the Davenport Creek and Buckley Road Intersection, including the costs for initial design,
construction documents, and right-of-way acquisition (the "Project"); and
WHEREAS, Section 7.1 Lb of the Development Agreement requires the City to
work with the County and enter into any necessary agreements to act as a conduit for the
Avila Ranch funding contribution to the Project; and
WHEREAS, the development of Buckley Corridor Plan constitutes a preliminary
step in the initial design of the Project; and
WHEREAS, the Project's functional area constitutes approximately ten percent
(10%) of the overall Buckley Corridor; and
WHEREAS, the Funds may be utilized, in addition to other aspects of the Project,
to fund a proportionate share of the cost of the Buckley Corridor Plan; and
WHEREAS, the City has collected the Funds from Avila Ranch and seeks to
transfer said funds to the County for implementation of the Project.
NOW THEREFORE, the parties hereto intend to define herein the terms and
conditions under which the City will transfer the Funds to the County for implementation
of the Project.
SECTION I
City Agrees:
I . To transfer the balance of the Funds to the County for the implementation of the
Project.
DocuSign Envelope ID: 3D7AOB9C-6EBB-483B-99AA-OFDO77397723
2. To defend, indemnify, and hold harmless the County, its Board of Supervisors,
officers, directors, agents, employees, and volunteers from and against all
demands, claims, actions, liabilities, losses, damages, and costs, arising out of or
resulting from the performance of this Agreement, caused in whole or in part by
the negligent or intentional acts or omissions of the City's officers, directors,
agents, employees, or subcontractors.
SECTION II
County Agrees:
To accept the Funds from the City and utilize them in the implementation of the
Project, including but not limited to, funding a proportionate share of the
Buckley Road Corridor Plan.
2. To defend, indemnify, and hold harmless the City, its City Council, officers,
directors, agents, employees, and volunteers from and against all demands,
claims, actions, liabilities, losses, damages, and costs, arising out of or resulting
from the performance of this Agreement, caused in whole or in part by the
negligent or intentional acts or omissions of the County's officers, directors,
agents, employees, or subcontractors.
To comply with the California Environmental Quality Act (CEQA) in the
implementation of the Project and to be fully responsible for implementing any
and all environmental commitments set forth in the environmental
documentation, permit(s), agreement(s), and /or environmental approvals.
SECTION III
It is Mutually agreed:
1. If County terminates the Project prior to completion, the County shall return any
remaining Funds for redistribution by the City.
2. No alteration or variation of the terms of this agreement shall be valid unless
made by a formal amendment executed by the parties hereto, and no oral
understanding or agreement not incorporated herein shall be binding on any of
the parties hereto.
DocuSign Envelope ID: 3D7AOB9C-6EBB-483B-99AA-OFDO77397723
IN WITNESS THEREOF, the parties hereto have executed this Agreement, and this
Agreement shall become effective on the date shown signed by the last signatory to this
Agreement.
COUNTY OF SAN LUIS OBISPO
By
Chairpers of he Board of Su visors
Attest:
_i�hn Ni I�
Ex-Officio Clerk of the Board of Supervisors
Byyy.ti-
-eoMty Clerk
Approved for Legal Form and Effect
RITA NEAL, County Counsel
Deputy County Counsel
Approved as to Content:
By D.at
John Diodati
Public Works Director
CITY OF SAN LUIS OBISPO
EVDocuSlgned by:
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By793D822F72C34F0.-
Derek Johnson, City Manager
City of San Luis Obispo
Attest:
ByCDocuSig(need by:
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Teresa Purrington, City Clerk
Approved for Legal Form and Effect
CHRISTINE DIETRICK, City Attorney
/��Do�c�u,�Signed�by.: 'n
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By D722BF10107A454..
Markie Kersten, Assistant City Attorney
on behalf of Christine Dietrick
Approved as to Content:
EDocuSigned by:
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Matt Horn
Public Works Director
The undersigned Deputy Clerk of the Board of supervisor;
certifies that, pursuant to Section 25103 of the
Government Code, deliv�erryy of this document has been
made on ST123i1�i
County Clerk of the Board and Ex-Officio Clerk
of
the Board of Supervisors
By,
Deputy Clerk