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City of Rolling Hills Estates • 1111 t , • • MAR 31 INN AGREEMENT ENVIRONMENIAL.SESERVICES THIS AGREEMENT by and between the City of Rolling Hills Estates (hereinafter "RHE") and the City of Rancho Palos Verdes (hereinafter "RPV") is made and entered into by each party hereto on the respective dates indicated on the last page of this Agreement. WHEREAS, the parties hereto recognize that development in one City can have a financial impact on the other and that development in the Peninsula Center (hereinafter "Center" ) of the Courtyard shopping area in the City of Rolling Hills Estates will have such an impact on Rancho Palos Verdes; and WHEREAS, it is reasonable for R.H.E. to compensate R.P.V. for the added impact of Center operations on R.P.V. arising at present and in the immediate future; and WHEREAS, the parties hereto desire to transfer to RHE jurisdiction of the streets in R.P.V. ad •oinin the Center to assist adjoining in offsetting road costs; and WHEREAS, in exchange for said jurisdiction and in order to offset policing and other costs expected to be borne by R.P.V. the pa/L.-ties dens-.ne to enteh into an agiteement; 9 �S WITNESSET H: FOR GOOD AND VALUABLE CONSIDERATION the parties hereto111/ agree as follows: I. REGIONAL LAW ENFORCEMENT SERVICES A. The parties hereto agree to enter into a REGIONAL LAW ENFORCEMENT AGREEMENT in the form attached hereto -1- 411 110 • , as ' Exhibit A with ie COUNTY OF LOS ANGELES, Efective July 1, 1980. 1. Law enforcement and traffic enforcement costs shall be shared by the members to the region based on a formula that relates each city' s portion of the service to the total service for the region. The formula shall include as equal elements: (a) Patrol time. (b) Cases handled. (c) Incidents. (d) Citations. (e) Accidents. 2. Burglary Apprehension Team costs shall be shared based on a city' s burglary level as it relates to the total regional burglary level, except as modified by paragraph 7. below. 3. Special individualized services such as crossing guards, parking patrol, student-in-law programs and community services officer shall be the responsibility of each city independently. 4. The performance and enforcement levels for the region shall be mutually agreed to by a governing board. The resultant boundaries of each beat shall also be mutually agreed to and cannot be changed without approval of the governing. board. Police service to the various beats shall be distributed in such a manner that the service levels shall not vary by more than It 5%. • -2- • 411• 1 5. The governing body shall be composed of the City Manager and one member of the City Council from each city. The Station Commander shall serve as an ex-officio member of the governing body without vote. All decisions of the governing body shall be by consensus. The City Managers shall meet with the Station Commander on a monthly basis. The governing body shall meet quarterly. 6. The cost allocation for patrol and traffic by the formula shall be based on the previous calendar year' s statistics applied to the budgeted cost for the coming fiscal year. 7. Since R.H.E. has not had a B.A.T. service, it is intended that one additional deputy with a vehicle be added to the present level of three B.A.T. deputies and that costs for the first year B.A.T. services (July 1, 1980 to June 30, 1981) be distributed as follows: R.P.V. -- 2. 15 units; R.H.E. - .75 units; Rolling Hills and County of Los Angeles - 1. 10 units. For the second and all succeeding years, the cost distribution of burglary services shall be governed by a formula using burglary statistics. The level of B.A.T. services, if any, shall be determined annually- by each party. Any party may terminate its participation in the regional a66ecting# 0).5 B.A. T. service without f-eti-ng- its status in the regional police agreement upon 90 days written notice. 8. The Sheriff shall keep all statistics by city. 9. Any city wishing to join the regional police -3- • .. 411 110area must be approved by the governing body. 10. Should the regional police service be terminated by any party for any reason, the other 5? pnovision4 ,o4 this Agteemen- -wr-ealeRts as to streets and police cost offsets by R.H.E. shall not be affected. However, a six months advance notice must be given by any party wishing to terminate this regional police service. I I. ASSIGNMENT OF JURISDICTION OF STREETS A. During the period this Agreement remains in full- force and effect, R.P.V. grants to R.H.E. the following authority: 1. Full jurisdiction and liability for those certain streets and their entire right-of-way described in Exhibit B attached hereto adjoining the Center. Such jurisdiction shall include the responsibility and authority to make or require to be made as a part of an adjoining private development all improvements and to maintain such streets including but not limited to street widening, striping, street maintenance, median and parkway maintenace, lighting and traffic signal installation and maintenance, as well as all liability therefor. Responsibility for policing said streets shall remain with R.P.V. as shall all policing statistics. 2. As additional consideration, such development rights, if any, as are owned by R.P.V. in the area surrounding the Center. 3. To grant curb cuts to property owners in R.H.E. - -4- 111 adjacent to said streets. Courtyard shall only have one curb cut on the R.P.V. portion of Indian Peak as approved in concept by the R.P.V. Traffic Committee and agreed to by developer, except that any change in such curb cut on Indian Peak which may be necessitated by future requirements may .be approved by R.H.E. with R.P.V. `s concurrance. 4. Upon recommendation of a professional - traffic rofessional -traffic engineer and approval of R.P.V. Traffic Committee, the location of reasonable and appropriate access to development in R.P.V. adjoining said streets shall be granted by R.H.E. without condition except for those off-site improvements normally required by R.H.E. as a condition of development. III. COST OFFSET • A. In recognition of the cost impacts . on R.P.V. as a • result of the Center' s commercial activity, traffic, curb cuts, etc. , R. H.E. agrees to contribute a sum to the Sheriff Regional Law Enforcement Program established in Section I hereof, or to any successor Police Department or Department of Public Safety used or established by R.P.V. 1. Said sum is over and above R.H.E. ' s police costs or share of regional costs as calculated by uSe of the criteria established in Section I, paragraph 1. above. -5- • • 111 2. Said sum shall be in an amount equal to eight and two-tenths percent (8.2%) of the total R.H.E. sales tax revenues received by the City. 3. Said sum shall be paid monthly to the agency noted in A, above commencing with the month in which the two department stores open for business in the Courtyard, but in no event more than three months after the first department store opens. IV. DEFAULT • A. If either party fails to honor the terms of Sections II and III of this Agreement, the following agreed and liquidated damages shall apply: 1. Should R.P.V. fail to carry out the provisions of Agreement for any reason, then: (a) R.P.V. loses all policing offset revenues. • (b) R.P.V. resumes jurisdiction of its streets with all attendant costs and liabilities. (c) All actions taken by R.H.E. with respect to the streets while in their jurisdiction will remain in force as though said actions were taken by R.P.V. • 2. Should R.H.E. fail to carry out the provisions of Agreement for any reason, then: (a) The jurisdiction of the streets reverts to R.P.V. (b) All actions taken by R.H.E. with respect to the streets while in their jurisdiction will remain in force as though said actions were taken by R.P.V. -6- • . • 411 111 ' • Cc) R.H.E. continues to be liable for all offsetting costs to R.P.V. by the same formulas and to the same extent as specified in this Agreement under Section III. 3. Should either party withdraw from the Regional Law Enforcement Agreement described in Section I hereof, such action shall not be deemed a breach of this Agreement and all the other terms hereof shall remain in full force and effect. 4. The parties hereto agree to negotiate in good faith any differences arising between them prior to instituting anylawsuit thereon. 5. In the event either party sues the other for failure to perform any of the terms hereof, the prevailing party art in such litigation shall be entitled to attorney's fees. V. TERM A. This agreement shall take effect and remain in full force for thirty (30) years from the date the last party hereto executed this Agreement. VI. MUTUAL INDEMNITY A. R.H.E. shall defend, indemnify and hold R.P.V. and its officials, employees and agents harmless from any claim(s) or liability arising out of its activities pursuant to this Agreement. B. R.P.V. shall defend, indemnify and hold R.H.E. and its officials, employees and agents harmless from any claim(s) or liability arising out of its activities pursuant to this Agreement. VII. AMENDMENT A. This Agreement may not be amended except in writing and signed by both parties. _7_ .1-:If •i ."'., • VIII. NOTICES A. All notices or correspondence sent pursuant to or in reference to this Agreement shall be addressed to the City Manager at the City Hall of the City to whom the correspondence is addressed. IN WITNESS WHEREOF the parties hereto have caused their respective Mayors and City Clerks to execute this Agreement in multiple originals on the dates written below. CITY OF ROLLING HILLS ESTATES CALIFORNIA Date: 7'7 _, i `' .) -1 5— /lrd By MAYOR '--, TTST:,, / -,',' ' ; )% . •) l ' ' . -,7- 40,0- . . J C,I TY CLERK ' , i t CITY OF RANCHO PALOS VERDES CALIFORNIA Er/ Date: 119 ,1ad_ /(Yg a`� , By 1 MAYOR 'ATTEST: •' ) -,., Ir., ,/,/, 4, : ,. , ,, . ,,, .4,, . . , ► ,`, I�' ,)CLE RX i 1\ . _8_ itilail(:1 r 4.APR 9 1980 CITY OF '` � PHO pp 1�. ._..... CITY BOUNDARY ' VERnr-:\ \iL • , / STREET RIGHT OF WAY JURISDICTION TRANSFERRED ,,, 2SSS14 7 O ROLLING HILLS ESTATES • -''' b • ''. ,tC)'\' It: t ?''''' H A W T g,;,; am c'•-• ;Cc_ 41 Y. \ C 7440, vi0/ ..., MO R . P.V. 1 ,-,---LI '. 4."''''...... , - - .. . . • 'IA\ kz... 4.44.1., ' cZ, -- _, __ • •.'-'-"Or - / e&s 0) R . H. E . . '''\ 0) -. a. i 'c 'l .-s, u5„------'- - Q.: u / IT:, e,,,, 1 0 .• ,o. ...... _,,. . • 14,14,„ •�4� vALLEy____] DR. ............., ,,,.\ \). z . ...„ C x OVE D R ,„..: 0.:•LZ: \ 1*%, roll• /,),1 Ipstri,s4A.ottvituena-L4,. r%.. 44W,e/ ♦ i-- G N . EXHIBIT B r