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HomeMy WebLinkAboutAgr 1993-01-20 (Marin County, Open Space District, Town, Belvedere)AMENDED JOINT POWERS (AND COMMUNITY FACILITIES) AGREEMENT This Agreement dated January 20, 1993, is between the Marin County Open Space District ("District"), the Town of Tiburon ("Tiburon"), the City of Belvedere ("Belvedere") and the County of Marin ("County"). This Agreement replaces and supersedes the Joint Powers (and Community Facilities) Agreement covering the same subject matter, and between the same parties, dated May 15, 1989. RECITALS Each of the parties hereto is a "public agency" within the meaning of Government Code Section 6502 and is a "local agency" within the meaning of Government Code Section 53316.2. The parties wish to provide for their joint participation in an effort to acquire certain open space described below, or an optimum portion of that open space. The parties also wish to provide for the conduct, by the District, of proceedings under the Mello-Roos Community Facilities Act of 1982, to fund a portion of the cost of the open space acquisition. The parties also wish to provide for the ownership and management of any open space acquired hereunder. NOW THEREFORE, in consideration of the foregoing, it is hereby mutually understood and agreed as follows: Section 1: THE PROPERTY The properties from which it is proposed to acquire portions or parcels for preservation as open space are depicted on the diagram attached hereto as Exhibit A. and are known by Assessor's Parcel Numbers: 1. Harroman Property (101 acres): 58-100-20 58-100-21 2. Terraces Property (16 acres): 58-100-38 58-240-22 58-223-11(easements) 3. Bank of California Property (50 acres) : 58-100-09 4. Martha Property (93.13 acres): 059-251-05 SF2-11351.1 41708-2-DCB-01 /21 /93 5. Martha Shores Property (14.53 acres): 059-231-02 6. Otani Property (8.75 acres): 058-100-54 7. Whole Systems Property (27.12 acres): 039-241-01 Section 2: INITIAL COSTS "Initial Costs" are defined to be the following: • appraisals of property to be acquired • engineering services connected with the formation of the Community Facilities District • special tax consultant services, if any • bond counsel fee in the event the election fails • independent financial advisor services, if any • publishing, mailing and posting of notices • real estate acquisition services • costs of the election itself Section 3: THE DISTRICT (a) The District finds that this Agreement will be beneficial to the residents of the District. (b) The District agrees to provide real estate services and to pay 50% of the Initial Costs. (c) The District agrees to take fee title to all or a portion of the acquired property which it deems to be open space of countywide significance, and to cover the cost of maintenance and management of the property in accordance with the management policies of the District, a copy of which is attached hereto and by this reference made a part hereof. The District will not issue any bonds under this authority to acquire property unless agreement has been reached regarding ownership and management of the property. (d) The District agrees to contribute an amount not to exceed $300,000.00 toward the purchase of the property. (e) The District agrees to coordinate a challenge grant with the Marin Community Foundation, the precise amount to be determined when all sources of funds are identified. (f) The District agrees to conduct proceedings under the Mello-Roos Community Facilities Act of 1982, including the conduct of an election within an area yet to be defined (but which will include areas within Tiburon, Belvedere and the SF2-11351.1 2 41708-2-DCB-01 /21 /93 unincorporated area of the county), and including the issuance of bonds if the election is successful and if the District has obtained a signed purchase or option agreement from the owner(s) of one or more of the above listed properties , all for the purpose of raising funds for the open space acquisition. The District will look to a local task force to take the lead in formulating the structure of the proposed Mello-Roos ballot measure. Section 4: TIBURON (a) Tiburon finds that this Agreement will be beneficial to the residents of Tiburon. (b) Tiburon agrees to pay 40% of the Initial Costs. (c) Tiburon agrees to provide representatives to a local task force which will take the lead in formulating the structure of the proposed Mello-Roos ballot measure, and to accept participation on the task force by representatives of Belvedere as well as representatives of the District and the County (d) Tiburon consents to the conduct by the District, within the corporate limits of Tiburon, of the proposed Mello-Roos proceedings including the conduct of the election and, if the election is successful, the annual levy of the special tax within the boundaries designated, and according to the rate or rates designated, in those proceedings. (e) Tiburon agrees to take fee title to all or a portion of the acquired property, and to assume the cost of maintenance and management of those properties which are not acquired by the District as open space of countywide significance. (f) Tiburon agrees that it shall grant a conservation or open space easement in favor of the District on any property which it acquires under this agreement. This grant shall not relieve the Town of its ownership and management obligations hereunder. (g) Tiburon agrees that should the Mello-Roos Community Facilities District which is the subject of this Agreement be formed, and taxes be levied for the purpose of acquiring open space, the District and the County may utilize a portion of the taxes sufficient to offset the costs of administering the Mello- Roos Community Facilities District. Section 5: BELVEDERE (a) Belvedere finds that this Agreement will be beneficial to the residents of Belvedere. SF2-11351.1 3 41708-2-DCB-01/21/93 (b) Belvedere agrees to pay 10% of the Initial Costs. (c) Belvedere agrees to provide representatives to a local task force which will take the lead in formulating the structure of the proposed Mello-Roos ballot measure, and to accept participation on the task force by representatives of Tiburon as well as representatives of the District and the County. (d) Belvedere consents to the conduct by the District, within the corporate limits of Belvedere, of the proposed Mello- Roos proceedings including the conduct of the election and, if the election is successful, the annual levy of the special tax within the boundaries designated, and according to the rate or rates designated, in those proceedings. (e) Belvedere agrees that should the Mello-Roos Community Facilities District which is the subject of this Agreement be formed, and taxes be levied for the purpose of acquiring open space, the District and the County may utilize a portion of the taxes sufficient to offset the costs of administering the Mello- Roos Community Facilities District. Section 6: THE COUNTY (a) The County finds that this Agreement will be beneficial to the residents of the County. (b) The County consents to the conduct by the District, within the unincorporated area of the County, of the proposed Mello-Roos proceedings including the conduct of the election and, if the election is successful, the annual levy of the special tax within the boundaries designated, and according to the rate or rates designated, in those proceedings. (c) The County may designate a representative, or a reasonable number of representatives, who are residents of the unincorporated area of the County in the vicinity of the proposed open space, to serve on the local task force. The County may also designate a staff representative to the task force. Section 7: INDEMNITY (a) No party to this Agreement, nor any officer, agent or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by any other party to this Agreement under or in connection with any work, authority or jurisdiction delegated to that other party under this Agreement. (b) It is also understood and agreed that pursuant to Government Code Section 895.4, each party to this Agreement shall indemnify and hold every other party to this Agreement harmless SF2-11351.1 4 41708-2-DCB-01 /21 /93 from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by that first party under or in connection with any work, authority, or jurisdiction delegated to that first party under this Agreement. Section 8: TERMINATION (a) This Agreement may be terminated at any time prior to the issuance of bonds by the mutual consent of all parties. (b) If, within ten years from the date hereof, no bonds have been issued and no open space has been purchased in connection with the proceedings contemplated by this Agreement, the District shall act, within the limits of the Mello-Roos Act, to terminate and abandon any Mello-Roos proceedings still pending, to terminate the authority to levy the special tax, and to provide proper notice, recordation and documentation of these steps. As soon as those steps are completed, this Agreement, without further action of the parties, shall terminate and be of no further force or effect. (c) If Mello-Roos proceedings are once begun, by the passage of a resolution of intention by the District, then the consents to the conduct of those proceedings (only) contained in this Agreement, may not be withdrawn. MARIN COUNTY OPEN SPACE DISTRICT Attest: President of the BQprd of Directors ~ Frances M. Bri ann, Sec etary Approved as to form for the Marin County pe pace District: o"las Maloney, County Counsel (signatures continue on next page] SF2-11351.1 5 41708-2-DCB-01/21/93 TOWN OF TIBURON 6ic~ Attest: Mayor Therese M. Hennessey, erk Approved as to form: R bert Ewing, Town At orney Attest : City C App3~6yed ,6Ls to f y Attorney CITY ~ BELVEDEP~E Mayor COUNTY OF MARIN Chairman of the Boa0d of Supervisors Attest: T Campan la, Clerk of the Board Appp-owed to form: Douglas Maloney, County Counsel SF2-11351.1 6 41708-2-DCB-01 /21 /93