Agenda Item A.6
CONSENT CALENDAR
Meeting Date: February 4, 2025
TO: Mayor and Councilmembers
SUBMITTED BY: JoAnne Plummer, Neighborhood Services Director SUBJECT: First Amendment to Lease and Agreement for the Provision of Library Management Services between the City of Buellton and the City of Goleta at the Buellton Library
RECOMMENDATION:
Authorize the City Manager to execute the First Amendment to Lease and Agreement for the Provision of Library Management Services between the City of Buellton and the City of Goleta at the Buellton Library.
BACKGROUND:
On July 1, 2019, the City of Goleta entered into an agreement (Attachment 1) with the City of Buellton for the provision of library management services and the lease of a library facility at Buellton’s existing library facility located at 140 W. Highway 246. The Agreement outlines the terms of the provision of library management services, identifies the location at which such services take place, and establishes an annual lease payment of one dollar for the term of the lease, which is set to expire at the end of June 2025.
The City of Buellton was unable to use the existing library facility and needed to move to a new location at 202 Dairyland Road. To ensure uninterrupted library services, this First Amendment allows operations to continue at the new 202 Dairyland Road location while a new library service and lease agreement is negotiated.
DISCUSSION:
The First Amendment to the Joint Use Agreement (Attachment 2) contains two changes:
1. Location of services and leased area: The Amendment calls for the provision of library management services and the lease area to be moved to 202 Dairyland Road within the “library” portion of the former “Willemsen Residence” on site.
2. Updated notice information: The recipients of notices related to this Agreement are intended to be the City Manager of each City. As the City Manager of each 1 Meeting Date: February 4, 2025
City has changed since the time that the Agr eement was drafted, the current City Managers have been listed within the document.
The City of Buellton has communicated potential changes to library services , including potentially increasing hours open to the public, which may be reflected in a future agreement for services beginning July 1, 2025. As requested by the City of Buellton, Library staff will review the new usage patterns and desires expressed by Library patrons in the initial months of operation at the new Facility, and the City of Buellton will utilize this data to inform options that the ir City Council may consider at the time that the next Agreement is negotiated and considered for approval. The cities and their respective City Attorneys have reviewed this First Amendment to the Agreement and has found that the Amendment will suffice to continue library management operations at the new location and allow for the opening of the new facility when the library staff is ready.
FISCAL IMPACTS:
There are no fiscal impacts related to t his amendment. Contracted library services will continue for the City of Buellton per the approved contract, in the new location at 202 Dairyland Road in Buellton.
ALTERNATIVES:
Should the Council choose not to authorize the City Manager to approve the amendment, the City of Goleta would not be able to provide library services in Buellton and would be out of compliance with the current contract.
LEGAL REVIEW BY: Isaac Rosen, Acting City Attorney
APPROVED BY: Robert Nisbet, City Manager
ATTACHMENTS:
1. Agreement No. 2019 -046 for the Provision of Library Management Services between the City of Buellton and the City of Goleta at the Buellton Library
2. Draft First Amendment to Lease and Agreement for the Provision of Library Management Services between the City of Buellton and the City of Goleta at the Buellton Library
2 Attachment 1
Agreement No. 2019-046 for the Provision of Library Management Services between the City of Buellton and the City of Goleta at the Buellton Library
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Attachment 2
Draft First Amendment to Lease and Agreement for the Provision of Library Management Services between the City of Buellton and the City of Goleta at the Buellton Library
35 FIRST AMENDMENT TO
LEASE AND AGREEMENT FOR THE PROVISON OF LIBRARY
MANAGEMENT SERVICES BETWEEN THE CITY OF BUELLTON AND THE
CITY OF GOLETA AT THE BUELLTON LIBRARY
This First Amendment to Lease and Agreement for the Provision of Library Management Services between the City of Buellton and the City of Goleta at the Buellton Library (the “AMENDMENT”) is made and entered into as of ________, 2025, by and among the CITY OF BUELLTON, a municipal corporation (referred to hereinafter as “BUELLTON”) and CITY OF GOLETA (referred to hereinafter as “GOLETA”) (collectively referred to hereinafter as “PARTIES.” In consideration of the mutual covenants and agreements contained in this Amendment, PARTIES agree as follows:
1. Recitals.
1.1 On July 1, 2019, the Lease and Agreement for the Provision of Library Management Services between the City of Buellton and the City of Goleta at the Buellton Library (“AGREEMENT”) was executed and became effective.
1.2 The specified location of the Buellton Library in this AGREEMENT is that portion of that certain real property located at 140 West Highway 246, Buellton CA, 93427 as more particularly described on AGREEMENT’s Exhibit E (Legal Description), but limited to that area depicted as "library" on Exhibit E-1 (Floor Plan), attached and incorporated thereto by reference.
1.3 BUELLTON has acquired and improved property located at 202 Dairyland Road, Buellton, CA, 93427, with a portion of this property identified as a new library location, which shall replace the location identified in the AGREEMENT in January of 2025.
2. Original Development Agreement Provisions. All of the provisions of the executed AGREEMENT shall continue to apply, unless modified herein.
3. Amendments to the AGREEMENT.
Section 3 (Lease and Premises) of the Agreement is hereby amended to read as follows:
BUELLTON agrees to lease to GOLETA, on the terms and conditions, hereinafter set forth, and in its "as is condition", those premises as follows for the purpose of operating the LIBRARY:
That portion of that certain real property located at 202 Dairyland Road, Buellton, CA, 934427, as more particularly described on Exhibit A (Legal Description) of the AMENDMENT, but limited to that area depicted as “library” on Exhibit A-2 (Floor Plan), attached herewith and incorporated hereto by reference.
Pursuant to Section 7 of the COUNTY AGREEMENT, GOLETA shall occupy and have exclusive use of the premises for the administration, management, and
36 operation of said LIBRARY as provided herein for the term of this AGREEMENT and any extensions thereof.
GOLETA shall pay to BUELLTON an annual lease rental rate of One Dollar ($1.00).
Title to the LIBRARY improvements shall remain in BUELLTON during the term and shall remain in BUELLTON upon the expiration or termination of this AGREEMENT.
BUELLTON shall pay and discharge all taxes and assessments, including special assessments, if any, levied upon the premises.
If the premises are totally destroyed by fire or other casualty, this AGREEMENT shall terminate. If a casualty renders ten percent or less of the floor space of the premises unusable for the purpose intended, BUELLTON shall promptly repair the premises, but in any event within 120 days of the casualty, or GOLETA may terminate this AGREEMENT by written notice to BUELLTON.
If a casualty renders more than ten percent of floor space of the premises unusable, GOLETA may choose to remain and BUELLTON shall promptly repair the premises within 120 days of the casualty, or GOLETA may terminate this AGREEMENT by written notice to BUELLTON, within 10 days of the casualty. If the casualty renders fifty percent or more of the floor space unusable, this AGREEMENT may be terminated at the option of GOLETA or BUELLTON.
Except as provided herein, BUELLTON shall not make any structural alterations to the LIBRARY without providing at least thirty (30) days prior written notice to GOLETA. To the extent feasible, BUELLTON shall make such alterations only at such time as does not conflict with GOLETA’s operation of the LIBRARY. BUELLTON may perform such structural alterations without thirty (30) days prior written notice to GOLETA if, in BUELLTON’s sole discretion, such alterations are immediately necessary to protect public health or safety, to protect the contents of the LIBRARY, or to remedy an emergency. BUELLTON shall endeavor to afford GOLETA advance notice of structural alterations performed in such circumstances.
GOLETA shall not be obligated to nor shall it make any structural alteration to the LIBRARY without the express written consent of BUELLTON. For purposes of this provision, a “structural alteration” shall be any modification that results in a change in the structural integrity of the LIBRARY, or change in the location, design, area or size of any wall, window or door. A “structural alteration” also shall include any modification that alters the gross cubic area of the LIBRARY and any substantive modification to finish materials.
Section 21 (Notices) of the AGREEMENT is hereby amended to read as follows:
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
37 TO GOLETA: Attention: Robert Nisbet, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO BUELLTON: Attention: Scott Wolfe, City Manager
City of Buellton
107 West Highway 246
P.O. Box 1819
Buellton, CA 93427
In concurrence and witness whereof, this AGREEMENT has been executed by the PARTIES effective on the date and year first above written.
CITY OF GOLETA CITY OF BUELLTON
_____________________________ _____________________________ Robert Nisbet, City Manager Scott Wolfe, City Manager
ATTEST ATTEST
_____________________________ _____________________________ Deborah Lopez, City Clerk Linda Reid, City Clerk
APPROVED AS TO FORM APPROVED AS TO FORM
_____________________________ ____________________________ , City Attorney Greg Murphy, City Attorney
38 Exhibit A
Property Legal Description
The land referred to herein is situated in the State of California, County of Santa Barbara and described as follows:
LOT 35 OF TRACT NO. 31,001-1, IN THE CITY OF BUELLTON, COUNTY OF
SANTA BARBARA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 181, PAGES 44 THROUGH 49 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, AMENDED PURSUANT TO THAT CERTAIN CERTIFICATE OF CORRECTION RECORDED JUNE 7, 2004 AS INSTRUMENT NO. 2004-60549 OF OFFICIAL RECORDS.
APN: 099-660-035
(End of Legal Description)
39 Exhibit A-1
Site Plan
40 Exhibit A-2
Floor Plan
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