HomeMy WebLinkAbout4.05 LAFCO Agmt Litiga$ CITY CLERK FILE #600-40
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 16, 2002
SUBJECT: Agreement with LAFCO to Indemnify LAFCO for the
Costs of Litigation Arising from LAFCO's Approval of
the East Dublin Property Owners' Reorganization
Report l~repared by John Bakker, ~issociate Attorney for
Elizabeth H. Silver, City Attorney
ATTACHMENTS: 1. Proposed Agreement Between Alameda County
Local Agency Formation Commission and City of
Dublin Regarding East Dublin Property Owners'
Reorganization
2. Letter from Braddock and Logan agreeing to
indemnify City for costs associated with challenge to
LAFCO action
RECOMMENDATION:/~~Approve the proposed Agreement with LAFCO and '~ authorize the Mayor to execute the Agreement
FINANCIAL STATEMENT: This agreement would have no fiscal impact
DESCRIPTION:
When the Alameda County Local Agency Formation Commission ("LAFCO") approved the East
Dublin Property Owners' Annexation in May, LAFCO imposed a condition that required the City to enter
into an agreement with LAFCO to indemnify LAFCO against any expenses arising from any legal actions
challenging the Reorganization.
Pursuant to the LAFCO condition, City staff and LAFCO legal counsel negotiated the attached
agreement. For efficiency, LAFCO legal counsel and the City's litigation counsel intend to work together
on the present litigation matters challenging both the City's action and LAFCO's action on CEQA
grounds.
This agreement will have no fiscal effect on the City. The East Dublin Property Owners' have
agreed to cover the City's costs in defending any lawsuit arising from the annexation, including challenges
to the LAFCO action.
Recommendation:
Staff recommends that the City Council approve the agreement with LAFCO and authorize the
Mayor to execute the agreement.
COPIES TO: Jeff Lawrence, Braddock'& Logan
ITEM NO.~ ~'~
G:\CC-MTGS\2002-QTR3XJULY\7-16-02~AS-LAFCO' DOC
AGREEMENT BETWEEN ALAMEDA COUNTY
LOCAL AGENCY FORMATION COMMISSION AND CITY OF DUBLIN
REGARDING EAST DUBLIN PROPERTY OWNERS' REORGANIZATION
THIS AGREEMENT dated for identification this 16th day of July, 2002, is entered
into by and between the Alameda County Local Agency Formation Commission
("LAFCO"), a subdivision of the State of California, and the City of Dublin ("Dublin"), a
municipal corporation.
Recitals
1. Dublin applied for and, on May 9 2002, the Alameda County Local Agency
Formation Commission ("LAFCO") approved a reorganization involving, among other
things, the annexation of over 1500 acres of territory to the City of Dublin ("the
Reorganization").
2. LAFCO's approval was conditioned upon, among other things, Dublin and
LAFCo entering into an agreement to indemnify LAFCO against any expenses arising
from any legal actions challenging the Reorganization.
NOW, THEREFORE, LAFCO and Dublin agree as follows:
Section 1. Indemnification. In the event any legal action or proceeding is
instituted against LAFCO (or naming LAFCO as a real party in interest) challenging the
Reorganization, or any of LAFCO's actions related thereto, Dublin shall indemnify
LAFCO from any costs or= liability incurred by LAFCo as a result of any such action or
proceeding, including any award to opposing counsel of attorney's fees or costs. Dublin
also agrees to reimburse LAFCO for the Commission's reasonable expenses resulting
from any such legal action or proceeding. Such expenses include LAFCOo's counsel's
charges for representing LAFCO in any such action, costs of preparing the
administrative record in any such action (including LAFCO staff costs), and all other
expenses incurred by LAFCO as a result of any such action or proceeding.
LAFCO intends to use its staff counsel to represent it in this action. LAFCO will
coordinate the defense of this action with the City of Dublin. LAFCO retains the right to
obtain outside counsel to represent it in this litigation, if necessary. LAFCO will only do
so after consultation with the City of Dublin.
Section 2. Miscellaneous Provisions.
A. Successors and Assigns. This agreement shall apply to, bind and inure to the
benefit of successors in interest of the parties hereto, including heirs, assigns,
executors, administrators and all other parties, whether they succeed by operation of
law or voluntary acts.
Agreement between Alameda County LAFCo and City Of Dublin
Regarding East Dublin Property Owners' Reorganization
B. No Third-Party Beneficiaries. This agreement is entered only for the benefit of
the parties executing this agreement and not for the benefit of any other individual,
entity or person.
C. Amendments. This agreement may be amended in writing by the mutual
agreement of the original parties or their successors in interest.
D. Applicable Law. This agreement shall be construed and enforced in accordance
with the laws of the State of California.
E. Counterparts. This agreement may be executed and delivered in counterparts,
each of which shall be an original and all of which shall constitute on and the same
instrument.
IN WITNESS WHEREOF, the parties have executed this agreement the day and
year first above written.
ALAMEDA COUNTY LOCAL AGENCY CITY OF DUBLIN
FORMATION COMMISSION
By: Mayor
Attest:
City Clerk
Approved as to form: Approved as to form:
LAFCO Legal Counsel City Attorney
G:\CC-MTGS~002-qt r3\JU LY~7-16-02\agmt-lafco.DOC
J:\wpd\Mnrsw\114\153~Agreement\LAFCO Indemnification Agreement_053102.doc
Agreement between Alameda County LAFCo and City Of Dublin Page 2 of 2
Regarding East Dublin Property Owners' Reorganization DRAFT: July 9, 2002
BRADDOCK & LOGAN SERVICES, INC.
BUILDERS - DEVELOPERS
ESTABLISHED 1947
P. O. BOX 5300
DANVILLE, CALIFORNIA 94526-1076
.j .., ,~ ~ TELEPHONE (925) 736-4000
FACSIMILE (925) 736-4031
July 9, 2002
Andy Byde - Associate Planner
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Dear Andy:
Braddock and Logan agrees to hold City harmless for all costs and expenses,
including attorneys' fees, incurred by City or held to be the liability of the City, in
connection with City's defense of, or the City's indemnification of LAFCO for LAFCO's
costs of defending, LAFCO's actions in any proceeding brought in any state or federal
court challenging the LAFCO's actions with respect to the East Dublin Property Owners'
Reorganization.
Sincerely,
Vice President
JSL/ne
ATTACHMENT 2