HomeMy WebLinkAbout2017-003-A2 Animal Services Contract (Approved 2019)CITY OF ATASCADERO
CONTRACT NUMBER:
@DI7-003 (A-2)
AMENDMENT NUMBER 2 TO THE _
AGREEMENT FOR ALLOCATION OF CONSTRUCTION AND FINANCING COSTS FOR AN
ANIMAL SERVICES SHELTER AT 865 OKLAHOMA AVENUE IN SAN LUIS OBISPO,
CALIFORNIA, BETWEEN THE CITIES OF ATASCADERO, ARROYO GRANDE, GROVER
BEACH, MORRO BAY, PASO ROBLES, PISMO BEACH AND SAN LUIS OBISPO AND THE
COUNTY OF SAN LUIS OBISPO
THIS AMENDMENT No. 2 ("Amendment No. 2"), dated for reference as of December 10, 2019, to the
Agreement (defined below), is entered into by and between the COUNTY OF SAN LUIS OBISPO (the
"County"), and the cities of ATASCADERO, ARROYO GRANDE, GROVER BEACH, MORRO BAY,
PASO ROBLES, PISMO BEACH, AND SAN LUIS OBISPO (each, a "City," and collectively, the
"Cities," and, together with the County, the "Parties", or individually "Party").
RECITALS
The County and each of the Cities previously entered into an Agreement ("Agreement") for allocation of
construction and financing costs for a new Animal Service Shelter at 865 Oklahoma Avenue in San Luis
Obispo, California ("Shelter" or "Project'). The Agreement is dated as of February 1, 2017.
The Parties entered into Amendment No. 1 to the Agreement, dated June 5, 2018.
The County provided written notice of increased estimated construction costs to the Cities on July 18, 2019,
pursuant to Section 3(a)(ii) of the Agreement.
The Cities approved the additional construction costs in writing, pursuant to Section 3(a)(ii) of the
Agreement.
The Parties acknowledge the benefit of collaborative and joint efforts in constructing, financing, and
managing the Shelter.
The Parties now enter into this Amendment No. 2 to memorialize the increased estimated construction costs
for the Shelter. The Agreement, Amendment No. land this Amendment No. 2 represent the entire
agreement between the Parties.
NOW, THEREFORE, the Parties agree as follows:
1. Recitals.
The above Recitals are true and correct.
2. Capital and Financing Costs
a) The Project construction costs to be shared by the Parties were estimated at the time the
Agreement was signed to be Thirteen Million One Hundred Seventy -Six Thousand Five
Hundred Dollars ($13,176,500). Pursuant to Amendment No. 1, the County agreed to reduce
the costs allocated to the Cities by $1 Million, thereby lowering the estimated shared
constructions costs to Twelve Million One Hundred Seventy -Six Thousand Five Hundred
Dollars ($12,176,500). Pursuant to this Amendment No. 2, and in consideration of the Design -
Build contract amount for the Project, the Project construction costs to be shared by the Parties
shall not exceed Eighteen Million Nine Hundred Ninety -Nine Thousand Seven Hundred
Seventy -Three Dollars ($18,999,773).
b) Estimated financing costs are shown in Attachment A to this Amendment No. 2 and may vary
depending on the applicable interest rate and whether there are out of pocket costs to obtain
Pagel of 3
financing (collectively "Estimated Project Financing Costs"). If the actual interest rate is
higher or lower than that estimated on Attachment A, the actual financing costs will vary.
3. In the event of a conflict between the terns of the Agreement, Amendment No. 1 and this Amendment No.
2, the terms of this Amendment No. 2 shall prevail.
IN WITNESS WHEREOF, by their execution below, the Parties agree to be bound by the provisions of this
Amendment, and the Board of Supervisors of the COUNTY OF SAN LUIS OBISPO has authorized and
directed the Chairperson of the Board of Supervisors to execute this Agreement for and on behalf of the
County, and the Cities of ATASCADERO, ARROYO GRANDE, GROVER BEACH, MORRO BAY,
PASO ROBLES, PISMO BEACH, AND SAN LUIS OBISPO have caused this Agreement to be subscribed
by each of their duly authorized officers and attested by their Clerks.
Dated:
COUNTY OF SAN LUIS OBISPO
. Clerko-fthe"9oart
ated
O
V.
COFATASC
I "ensen
By: Rachelle Rickard, City Manager
Dated:
CITY OF ARROYO GRANDE
City Clerk
By:
Dated:
CITY OF GROVER BEACH
City Clerk
By:
Dated:
CITY OF MORRO BAY
City Clerk
By:
Dated:
CITY OF PASO ROBLES
City Clerk
By:
Page 2 of 3
Dated:
City Clerk
Dated:
CITY OF PISMO BEACH
0
CITY OF SAN LUIS OBISPO
City Clerk By:
Page 3 of 3
Exhibit A
to MOA Amendment No. 2
SLO County Animal Services Facility
Financing cost estimates at proposal costs
July 25, 2019 market update
Estimated Annual Debt Service at July 25th market
MOU (low end)
update
Project cost
$ 13,176,500
Scope Cost
$
20,348,740
less: County -only Road Costs
$
(348,967)
County Contribution
$ (1,000,000)
less: County Contribution
$
(1,000,000)
Shared debt
$ 12,176,500
Amount Financed
$
18,999,773
25yt - 3.5%
Additional Annual Debt Service vs. MOU
25yr - 3.24%
Agency
Share
low-end
Arroyo Grande -�
-5.94%
$--45,523
5 --.----�--�- .—_20,231$
-_� 65,753
Atascadero15.03%
115,186
57,190
166,376
_
Grover Beach -.
3.12%
23,911
-
10,626
- 34,537'
Morro Bay
2.90%
22,225
9,877
32,102
_Peso Robles -:
? 18.15%.
139,097
61,816.
-
200,913.
Pismo Beach
- 1.19%
9,120
4,053
13,173
San Luis Obispo
10.03%-.
76,868
34,160
111,028
_Uni_ncorporated
-43.64%
334,447
148,630,
483,077
Avg Annual Payment
100.00%
$ 766,377
$ 340,582
$
1,106,959