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 terms of the Agreement, Amendment No. I 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-oftheir duly authorized officers and attested by their Clerks.
Dated: 'Decmhrr to., acig
WADE NORTON
City Clerk
Dated:
City Clerk
Dated:
City Clerk
Dated:
City Clerk
Dated:
City Clerk
COUNTY OF SAN LUIS OBISPO
OF ATASC O
By: Rachelle Rickard, City Manager
CITY OF ARROYO GRANDE
CITY OF GROVER BEACH
CITY OF MORRO BAY
By:
The undersigned Deputy Clerk of the Board of Supervisors
CITY OF PASO ROBLES certifies that, pursuant to Section 25103 of the
Government Code. delivery of this document has been
made on ( kln 2ru G 020,90 —
WADE NORTON
By: County Clerk of the Board and Ex -Officio Clerk
of the Board of Supervisors
Page 2 of 3 By, 1 1c� �
Deputy Clerk
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 terms 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:
Clerk of the Board
Dated:
City Clerk
Dated: ' 1 �{• 2 0l 9
City Cl rk
Dated:
City Clerk
Dated:
City Clerk
Dated:
City Clerk
COUNTY OF SAN LUIS OBISPO
CITY OF ATASCADERO
CITY ARROYO GRANDE
By: JAMES J3ERGfAAd
Cl r y MAN FF692
CITY OF GROVER BEACH
M
CITY OF MORRO BAY
CITY OF PASO ROBLES
LIN
Page 2 of')
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 terms 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:
Clerk of the Board
Dated:
City Clerk
Dated:
City Clerk
Dated: " l -;ku
City Clerk
Dated:
City Clerk
Dated:
COUNTY OF SAN LUIS OBISPO
CITY OF ATASCADERO
CITY OF ARROYO GRANDE
CITY OF GROVER BEACH
By:
CITY OF MORRO BAY
in
CITY OF PASO ROBLES
City Clerk By:
Page 2 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 terms 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:
Clerk of the Board
Dated:
City Clerk
Dated:
City Clerk
Dated:
City Clerk
Dated:
City Clerk
COUNTY OF SAN LUIS OBISPO
CITY OF ATASCADERO
am
CITY OF ARROYO GRANDE
an
CITY OF GROVER BEACH
an
CITY OF RRO BAY
(,'� (" � � � n JI � �� !'� "�✓1 G3� eye
CITY OF PASO ROBLES
an
Page 2 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 terms 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:
Clerk of the Board
Dated:
City Clerk
Dated:
City Clerk
Dated:
City Clerk
Dated:
City Clerk
Dated: J 2la 19
CityC k
COUNTY OF SAN LUIS OBISPO
CITY OF ATASCADERO
By:
CITY OF ARROYO GRANDE
By:
CITY OF GROVER BEACH
By:
CITY OF MORRO BAY
CITY OF PASO ROBLES
5:iio ugi ck�ey
Page 2 of 3
Dated:
i Clerk
Dated:
CITYkOl O BEACH
By: JAMV5 JZ. LEwls , ��-cy
CITY OF SAN LUIS OBISPO
City Clerk By:
Dated:
City Clerk
Dated: 1.2-
City Clerk
CITY OF PISMO BEACH
IN
CITY F SAN LUIS OBISPO
By: D rek J hnson, City Manager
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
25yr - 3.5%
Additional Annual Debt Service vs. MOU
25yr - 3.24%
Agency
Share
low-end
Arroyo Grande
5.94%
$ 45,523
$ 20,231
$
65,753
Atascadero
15.03%
115,186
51,190
166,376
Grover Beach
3.12%
23,911
10,626
34,537
Morro Bay
2.90%
22,225
9,877
32,102
Paso Robles
18.15%
139,097
61,836
200,913
Pismo Beach
1.19%
9,120
4,053
13,173
San Luis Obispo
10.03%
76,868
34,360
111,028
Unincorporated
43.64%
334,447
148,630
483,077
Avg Annual Payment
100.00%
$ 766,377
$ 340,582
$
1,106,959