CC Resolution 1990-079#= RESOLUTION NO. 9p*7g
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL
COOPERATION AGREEMENT WITH THE LA QUINTA REDEVELOPMENT
AGENCY RELATING TO PUBLIC IMPROVEMENTS.
WHEREAS, by Ordinance No. 43 adopted on December 29, 1983,
the City Council of the City of La Quinta adopted and approved
a certain Redevelopment 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
Improvernents 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 and the immediate neighborhood of the Project Area in that
they will increase the safety and contribute to the elimination
of blight; 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 La Quinta
Redevelopment Agency as follows:
SECTION I:
The Agency hereby determines that the Improvements are of
benefit to the Project Area and the immediate 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 of
construction and installation of the Improvements in accordance
with the Supplemental Cooperation agreement in the form attached
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#= 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 increase
safety and contribute to elimination of blight.
SECTION II:
The Mayor is hereby authorized to execute the Agreement on
behalf of the City.
PASSED, APPROVED AND ADOPTED this 16th day of ctober 1990.
City of L Quinta California
**AUNDRA L. JUHOI*k* City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
*
DAWN HONEYWE y Attorney
City of La Quinta, California
I hereby certify that the foregoing Resolution was
duly and regularly adopted by the City Council of the City of La
Quinta, California at a regular meeting thereof held on the
16th day of October 1990, by the following vote:
AYES: Council *embers Bohnenberger, Rushworth, *ni-f & Mayor Pena
NOES: None
ABSENT: One Vacancy)
ABSTAIN: None Ii
NDRA.JUHOLACity Clerk
City of La Quinta1 California
2-
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#= SUPPLEMENTAL COOPERATION AGREEMENT
THIS SUPPLEMENTAL AGREEMENT is entered into as of the 16th
day of October 1990, 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 and 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. I 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 and 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 neighborhood in which the Project Area is
located; and
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#= 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
pursuant 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 seq. of the Community Redevelopment
Law, to be repaid to the City by the Agency.
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#= 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 executed this Agreement
as of the date first above written.
ATTEST: CITY OF LA QUINTA
By 4j*
City Clerk Mayor
**CITY"
ATTEST: LA QUINTA REDEVELOPMENT AGENCY
Agency Clerk By %(Chai*a**
AGENCY"
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#= EXHIBIT A"
Proposed Public Improvement and Facih*tles 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
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#= EXHIBIT B"
IMPLEMENTING AGREEMENTS FOR COVE IMPROVEMENTS
LA QUINTA REDEVELOPMENT AGENCY
1. Contract Agreement for Construction labeled B.l with Massey
Sand & Rock Company.
2. Contract Agreement for Testing Services labeled B.2 with
American Engineering Laboratories, 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.
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#= PHASE III
CONSTRUCTION COST SUMMARY SHEET
CONTRACT
COSTS RDA AD 90-1 CVWD
Massey 5,343,241 3,497,711.70 997,244.30 848,285
Kicak 150,000 97,500 28,500 24,000
Tn-Lake 150,000 97,500 28,500 24,000
AEL 52,000 33,800 9,880 8,320
TOTAL 5,695,241 3,726,511.70 1,064,124.30 904,605
Redevelopment Agency 65%
Assessment District 90-1 19%
Coachella Valley Water District 16%
100%
* SOURCE: CITY ENGINEERING DEPARTMENT
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