1987-0120_FRIENDS OF THE LIBRARY_AgreementAGREEMENT
"C0 Copy"
THIS AGREEMENT is made this _20th day of January , 1987, by and
between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City", and
FRIENDS OF THE LIBRARY, a California non-profit corporation, hereinafter referred to
as "Contractor".
ac-g a l I q&
WITNESSETH: 41MIJ,
WHEREAS, Contractor has proposed to construct a storage building to the San
Juan Capistrano Regional Library which will be used for the storage of books and related
materials; and
WHEREAS, Contractor has requested a loan from City to be used for
construction financing; and
✓HEREAS, City agrees to provide a $12,000.00 loan for this purpose under the
conditions stated below; and
WHEREAS, City finds that the addition of book storage space will be of direct
benefit to the public library and therefore in promotion of the public welfare.
NOW, THEREFORE, BE IT RESOLVED between City and Contractor as follows:
1. LOAN.
City hereby agrees to loan $12,000.00 to Contractor which shall be used
for the purpose of constructing a book storage building to the Regional Library. Plans
and specifications for the storage building have been reviewed and approved by City and
are on file in the City ianager's office. The loan shall be interest free and for a period
of ten (10) years. Contractor agrees to repay City $1,200.00 each year, due and payable
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
CITY OF SAN JUAN CAPISTRANO (City)
BY-� CL9
Kenneth E. Friess
Title Mayor
AS TO FORM: ATTEST:
City Attorney Mary Ann Ha ver, City Clerk
FRIENDS OF THE LIBRARY (Contractor)
Title
3
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on or before December 1 of each vear until the full amount of of the loan is repaid.
Contractor reserves the right to pay off the entire balance of the loan at any time.
2. USE OF STORAGE UNIT.
Upon completion of the storage building, Contractor shall utilize the
storage building only for its original intended purpose, namely, the storage of books and
related materials used in conjunction with library purposes.
3. SECURITY.
Contractor shall provide needed security devices to secure the building
against theft and vandalism.
4. OWNERSHIP OF IMPROVEMENTS.
Legal title to the building shall automatically vest in the City upon the
building's completion.
6. ATTORNEY'S FEES.
In the event that City is required to bring any enforcement action to
enforce any term of this Agreement, City shall be entitled to attorney's fees in the event
that City prevails in said action.
7. NOTICES.
Any notice given under this Agreement shall be addressed to the parties as
designated below:
TO CITY: City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
TO CONTRACTOR: Friends of the Library
Attention: Wilson Buckner, Pres.
31495 El Camino Real
San Juan Capistrano, CA 92675
It was moved ouncilman Hausdorfer, seconded by Councilman Bland and
unanimous arried to approve the "Donated Space Agreement" between the City
and ounty of Orange. The Mayor and City Clerk were authorized to execute
e Agreement on Or
of the City.
3. AGREEMENT FOR CONSTRUCTION OF BOOK STORAGE (FRIENDS
ria �= r ion wnv Inn in
Written Communications:
Report dated January 20, 1987, from the Assistant City Manager, forwarding an
agreement with the Friends of the Library providing for a loan in the amount of
$12,000 to the organization for construction of a book storage building at the
Regional Library. The 10 -year interest-free loan is to be repaid at a yearly cost of
$1,200. The report advised that a budget adjustment is necessary from the
contingency reserves to fund the project.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman Bland and
unanimously carried to approve the Agreement with the Friends of the Library and
to authorize the necessary budget adjustment. The Mayor and City Clerk were
authorized to execute the Agreement on behalf of the City.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. AUTHORIZATION FOR AGENCY TO FUND PRICE CLUB PUBLIC
IMPROVEMENTS DOHENY PARK ROAD CAMINO CAPISTRANO (400,20)
Written Communications:
Report dated January 20, 1987, from the Director of . Community Planning and
Development, advising that the Disposition and Development Agreement entered
into between the Agency and The Price Company on December 16, 1986, stipulated
that the developer is responsible for the construction of all public improvements.
The developer will lend the Agency the funds necessary for the land subsidy,
development fees, EIR, and public infrastructure; the Agency will repay the loan via
future sales tax revenues generated by the development. Pursuant to Section 33445
of the California Health and Safety Code, and with the consent of the legislative
body, the Agency may pay all or part of the value of improvements upon a finding
that such public improvements are of benefit to the Project Area and that there is
no other reasonable"means of financing such public improvements available for the
community. The report forwarded a Resolution setting forth the required findings.
Determi ation of Public Benefit:
It w moved by Councilman Hausdorfer, seconded by Councilman Schwartze that
t following Resolution be adopted:
-8-
1/20187
AGENDA ITEM
TO:
FROM:
SUBJECT:
SITUATION:
January 20, 1987
Stephen B. Julian, City Manager
Glenn D. Southard, Assistant City Manager
Construction Agreement with Friends of the Library
During the budget review in June 1986, a request was received from the Friends of the
Library for funding assistance of a book storage building at the Library. Council
indicated that they were not willing to fund the request directly, but would be willing to
loan the Friends of the Library the funds necessary to complete the construction
project. Friends of the Library have been working with staff since that time to develop
plans and specifications and develop the necessary costing information.
The Friends of the Library are requesting a loan of $12,000 payable in equal payments
over the next ten years at $1,200 per year. They also have the option to pay it off
earlier if funds become available. Attached is an agreement that would facilitate the
project.
The philosophy that developed at the budget hearings was that community groups should
be encouraged to develop their own fundings mechanisms rather than rely on the City for
annual allocations. Council is interested in making seed money available to organizations
who undertake worthwhile community projects. This is a good example of an
organization working cooperative with the City.
COMMISSION/BOARD REVIE`JU AND RECOMMENDATIONS:
The plans have been reviewed by the Architectural Board of Review and the Planning
Commission to ensure compatibility with the existing library architecture. The plans
were also submitted to Michael Graves for review and comment.
FINANCIAL CONSIDERATIONS:
The City would advance $12,000 to the Friends of the Library and they would repay the
City over a ten year period at no interest. Budget adjustment would be necessary from
the contingency reserves to fund this, with a corresponding adjustment to revenues over
the next ten years.
NOTIFICATIONS:
1. Friends of the Library
2. San Juan Capistrano Regional Library
ALTERNATIVE ACTIONS:
1. Approve the agreement with the Friends of the Library.
2. Approve an agreement with the Friends of the Library, but adjust the terms.
3. Don't approve an agreement with the Friends of the Library.
4. A!Ei s'k^^ Girl for additional information. r /p Ir
Fy'J'.rrl l.,..'L..Y`4TA �J silq/e`n eR,Ff
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AGENDA ITEM
Page 2
RECOMMENDATION:
•
January 20, 1987
Approve the agreement with the Friends of the Library as submitted and authorize the
necessary budget adjustment.
Re tf ly submitte ,
o0��
G en D. Southard
'� Copy"
(��'�
AGREEMENT
•
THIS AGREEMENT is made this _20th day of January 1987, by and
between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City", and
FRIENDS OF THE LIBRARY, a California non-profit corporation, he er re er to
as "Contractor".
WITNESSETH:
WHEREAS, Contractor has proposed to cons ruct a storage buil to the San
Juan Capistrano Regional Library which will be used for e of books and related
materials; and
WHEREAS, Contractor has requested a loan from City to be used for
construction financing; and
• WHEREAS, City agrees to provide a $12,000.00 loan for this purpose under the
conditions stated below; and
WHEREAS, City finds that the addition of book storage space will be of direct
benefit to the public library and therefore in promotion of the public welfare,
NOW, THEREFORE, BE IT RESOLVED between City and Contractor as follows:
1. LOAN.
City hereby agrees to loan $12,000.00 to Contractor which shall be used
for the purpose of constructing a book storage building to the Regional Library. Plans
and specifications for the storage building have been reviewed and approved by City and
are on file in the City Manager's office. The loan shall be interest free and for a period
of ten (10) years. Contractor agrees to repay City $1,200.00 each year, due and payable
•
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1776
January 29, 1987
Friends of the Library
31593 Los Rios Street
San Juan Capistrano, California 92675
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BU C HMEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
Re: Agreement for Construction of Book Storage (Friends of the Library)
Dear Sir:
The City Council of the City of San Juan Capistrano at its regular meeting held
January 20, 1987, approved an Agreement between the City of San Juan Capistrano and
Friends of the Library for a loan of $12,000.00 for the purpose of constructing a book
storage building at the Regional Library. The loan is to be interest free and for a period
of ten years.
Enclosed is a check in the amount of $12,000 and a fully -executed copy of the
Agreement.
If you have any questions, please do not hesitate to call.
Very truly yours, l
MARY ANN NOVER, CMC
City Clerk
MAH/mac
Enclosure
cc: City Manager
42400 PCCFII C0F'I ANT0 SCM I1JAN CAPICTPA NII ('AI IFnPNIIA -q A7S • (114) d94-1171
VENDOR NUMBER VENDOR NAME CITY OF SAN JUAN CAPISTRANO
rNVOICE< =00E I Pri eneir; Qf the Libranz 7 -------
jA REFERENCE INVOICE - VOL Ni
1/28/87 Loan proceeds for cost o constructing $12,000.00
1
book storage - per contr ct agreement -I
1,1 and R,., T, 11,,—, Tini, 1,111- 1
�ayr,ent of heirs Teso,bed i0t,ve
Debit mei3O G - Credit mem01
• CALIFORNIA FIRST BANK 90-49
ol San 9"wt 12aph&ano San j— Capistrano Office 1222 No.
31971 Camino Capistrano 002090
32400 PASEO ADELANTO San Juan Capistrano, California 92675
SAN JUAN CAPISTRANO CALIFORNIA 92675
LY
F -CHECK DATE PAY EXACT
$12,000 .0 0
Pay I
Twelve thousand and no/100s dollars
TO THE
ORDER OF Friends of the Library
000 2090110 1: L 2 2 2004904045 2000391,10