CC Resolution 1989-079^#: RESOLUTION NO. 89-79
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA AUTHORIZING THE EXECUTION OF A
SUPPLEMENTAL COOPERATION AGREEMENT WITH THE
LA QUINTA REDEVELOPMENT AGENCY RELATING TO
PUBLIC IMPROVEMENTS.
WHEREAS, by Ordinance No. 43 adapted on December 29, 1983,
the City Council of the City of La Quinta adopted and approved
a certain Redevel9pment Plan the Redevelopment Plan") for
Project Area No. 1, the Project"); and
WHEREAS, pursuant to the Community Redevelopment Law of the
State of California Health and Safety Code Section 33000, et
seq.), the La Quinta Redevelopment Agency the Agency") is
carrying out the Redevelopment Plan for the Project in the
redevelopment project area the Project Area"); and
WHEREAS, in furtherance of the Project, the Agency and the
City desire to enter into an agreement under which the City
will advance funds required to install and construct, certain
public improvements to serve the Project the Improvements")
as described in Exhibit A" attached to said agreement, and the
Agency will pay the City for all costs of such Improvements in
accordance with that certain Cooperation Agreement dated
August 16, 1983, between the City and the Agency; and
WHEREAS, the Improvements are of benefit to the Project
Area in that they will enhance the area and contribute to the
elimination of blight throughout the Project Area, and in the
immediate neighborhood in which the Project Area is located; and
WHEREAS, arrangements for the Improvements are more
particularly described in the Implementing Agreements", which
are attached hereto as Exhibit B" and incorporated herein by
reference; and
WHEREAS, no other reasonable means of financing such
Improvements are available to the community in that the cost of
the improvements exceeds the financial ability of the City to
pay, no private sources of funding are available, and all state
and federal grant alternatives have been exhausted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of La Quinta as follows:
SECTION I:
The City Council hereby determines that the Improvements
are of benefit to the Project Area and the immediate
BIB]
07-23-1998-U01
03:01:00PM-U01
ADMIN-U01
CCRES-U02
89-U02
79-U02
^#: neighborhood in which the Project Area is located and that no
other reasonable means of financing such Improvements are
available to the community, and hereby consents to the
undertaking to advance funds for the installation of the
Improvements in accordance with the Supplemental Cooperation
Agreement the Agreement"), in the form attached to this
resolution and incorporated herein by reference. The
determination that the Improvements will benefit the Project
Area is based upon the fact that the Improvements will provide
substantial safety and appearance improvements which will
enhance growth in the entire Project Area.
SECTION II:
The Mayor is hereby authorized to execute the Agreement on
behalf of the City.
ADOPTED this 20th day of
ATTEST:
A
*Fty Clerk of the *of LaQuinta
I hereby certify that the foregoing Resolution was
duly and regularly adopted by the City Council of the City of
La Quinta at a regular meeting thereof held on the 20th day of
Jun* 1989, by the following vote:
AYES: COUNCIL MEMBERS: Bosworth, Rushworth, Sniff, Mayor Pena
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bohnenberqer
ABSTAIN: COUNCIL MEMBERS: None
City Clerk of the y of La Quinta
RESO NO.
06/13/89
4976n/2338/07 2-
BIB]
07-23-1998-U01
03:01:00PM-U01
ADMIN-U01
CCRES-U02
89-U02
79-U02
^#: SUPPLEMENTAL COOPERATION AGREEMENT
THIS SUPPLEMENTAL AGREEMENT is entered into as of the
day of 1989, by and between the CITY OF LA
QUINTA the City") and the LA QUINTA REDEVELOPMENT AGENCY the
Agency").
RECITALS
A. WHEREAS, the City Council of the City of La Quinta,
acting pursuant to the provisions of the California Community
Redevelopment Law Health & Safety Code Section 33000, et
seq.), has activated the Agency arid declared itself to
constitute the Agency; and
B. WHEREAS, the Community Redevelopment Law and
particularly California Health and Safety Code Section 33445,
authorizes redevelopment agencies to enter into contracts for
the reimbursement of the costs of certain public improvements
enumerated in redevelopment plans upon making findings that:
i) the buildings facilities, structures or other improvements
are of benefit to the project area or the immediate
neighborhood in which the project is located, and ii) that no
other reasonable means of financing such buildings, facilities,
structures, or other improvements, are available to the
community; and
C. WHEREAS, the Redevelopment Plan the Redevelopment
Plan") for Project Area No. 1 the Project"), including
materials referenced therein, enumerates certain Public
improvements which may be provided or contributed to by the
Agency; and
D. WHEREAS, the Agency and the City have been acting
according to that certain Cooperation Agreement dated
August 16, 1983 the Cooperation Agreement"); and
E. WHEREAS, this Agreement is intended to affirm the
Cooperation Agreement arid to clarify responsibilities as to the
Improvements as defined herein, and
F. WHEREAS, the Agency has determined that the provision
of public improvements, as more Particularly described in
Exhibit A" hereto the Improvements") will be of benefit to
the project area and the immediate neighborho0* in which the
project area is located; and
BIB]
07-23-1998-U01
03:01:00PM-U01
ADMIN-U01
CCRES-U02
89-U02
79-U02
^#: G. WHEREAS, arrangements for the Improvements are more
particularly described in the **Implementing Agreements", which
are attached hereto as Exhibit B" and incorporated herein by
reference; and
H. WHEREAS, the construction of the Improvements is a
costly undertaking requiring the financial support of the
Agency; and
I. WHEREAS, no other reasonable means of financing such
Improvements is available;
NOW, THEREFORE, the City and the Agency agree as follows:
Section 1. The City agrees to advance for the Agency
the cost of Improvements, and each of them, either as separate
projects or otherwise. The Agency shall be liable to the City
for any amounts expended by the City hereunder. Such
assistance and services may include the services of officers
and employees and special consultants.
Section 2. The City will keep records of activities and
services undertaken pursuant to this Agreement and the costs
thereof in order that an accurate record of the Agency's
liability to the City can be ascertained. The City shall
periodically submit to the Agency a statement of the costs
incurred by the City in rendering activities and services of
the City to the Agency pursuant to this Agreement. Such
statement of costs may include a proration of the City*s
administrative and salary expense attributable to services of
City officials, employees and departments rendered for the
Agency pursuant to this Agreement.
Section 3. The Agency agrees to reimburse the City for
all costs incurred for services pursuant to this Agreement from
and to the extent that funds are available from the Project to
the Agency for such purpose pursuant to Section 33670 of the
Health & Safety Code or from other sources that may lawfully be
used for such repayment; provided, however, that the Agency
shall have the sole and exclusive right to pledge any such
sources of funds to the repayment of other indebtedness
incurred by the Agency in carrying out the redevelopment
project. The costs of the City under this Agreement will be
shown on statements submitted to the Agency pur*uant to
Section 2 above. It is the express intent of the parties that
the Agency shall reimburse the City for costs advanced within
thirty 30) days of such advance.
Section 4. The obligations of the Agency under this
Agreement shall constitute an indebtedness of the Agency within
the meaning of Section 33670, et *. of the Community
Redevelopment Law, to be repaid to the City by the Agency.
06/13/89
4978n/2338/07 2-
BIB]
07-23-1998-U01
03:01:00PM-U01
ADMIN-U01
CCRES-U02
89-U02
79-U02
^#: Section 5. This Agreement shall not modify, amend or
otherwise affect any other outstanding agreement between the
Agency and the City.
IN WITNESS WHEREOF, the parties have execu*ed this
Agreement as of the date first above written.
ATTEST: CITY OF LA QUINTA
City Clerk *y Mayor
CITY"
ATTEST: LA QUINTA REDEVELOPMENT AGENCY
By__________________________
Agency Clerk Chairman
AGENCY"
06/13/89
4978n/2338/07 3-
BIB]
07-23-1998-U01
03:01:00PM-U01
ADMIN-U01
CCRES-U02
89-U02
79-U02
^#: EXHIBIT ItAlY
Proposed Public Improvement and Facilities Projects
LA QUINTA REDEVELOPMENT AGENCY
Flood control improvements and facilities, consisting of the
following components:
1. West Drainage System
2. East Drainage System
3. Cove Reservoir
4. Other Supporting Facilities
BIB]
07-23-1998-U01
03:01:00PM-U01
ADMIN-U01
CCRES-U02
89-U02
79-U02
^#: EXHIBIT B"
IMPLEMENTING AGREEMENTS FOR COVE IMPROVEMENTS LA QUINTA REDEVELOPMENT
AGENCY.
1. Contract Agreement for Construction labeled B.l with Matich
Corporation.
2. Contract Agreement for Testing Services labeled B.2 with
Leighton and Associates, Inc.
3. Contract Agreement for Construction Observation Services
labeled B.3 with Tn-Lake Consultants.
4. Contract Agreement for Construction Staking and Consultation
labeled B.4 with Kicak and Associates.
BIB]
07-23-1998-U01
03:01:00PM-U01
ADMIN-U01
CCRES-U02
89-U02
79-U02