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CVWD - AD 89-2 Public Imp 89AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS THIS AGREEMENT is made and entered into by and among the CITY OF LA QUINTA ("the CITY"), the LA QUINTA REDEVELOPMENT AGENCY ("the AGENCY"), and the COACHELLA VALLEY WATER DISTRICT ("the DISTRICT"). A. The CITY is a municipal corporation duly organized pursuant to the general laws of the State of California. B. The AGENCY is a redevelopment agency, a public body, corporate and politic, duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law, California Health and Safety Code section 33000, et seq. C. The DISTRICT is a county water district organized and existing pursuant to California Water Code section 30000, et. seq. D. The CITY, the AGENCY and the DISTRICT wish to cooperate in undertaking a project for the construction of certain public improvements within the CITY, including domestic water facilities, sanitary sewer facilities, street improvements, and storm drains; each intends to contribute to the cost of some or all of these improvements through direct financial contribution, through assessment district financing and/or through the sale of bonds as hereinafter described. E. The CITY, the AGENCY and the DISTRICT desire to enter into this Agreement to undertake and finance said project pursuant to sections 10109-10111 of the Municipal Improvement Act of 1913 set forth in California Streets and Highways Code section 10000, 'et seq. ("the Act"). THEREFORE, IT IS AGREED: ASSESSMENT DISTRICT PROCEEDINGS, FUNDING 1. Formation The CITY shall form an Assessment District as shown on the attached Exhibit "A" pursuant to the Act fo finance those portions of the project described in the attached Exhibit "B." 2. Funds Upon adoption of a resolution by the City Council declaring its action on the Engineer's Report and Assessment, confirming the proposed assessment, ordering the project to be constructed and installed and causing the improvement bonds (representing unpaid assessments) to be sold, upon the receipt of paid assessments and the proceeds of the bond sales, the following funds shall be established and maintained by the CITY from the sources and for the purposes described: a. Improvement Fund Into this Fund shall be deposited all net proceeds received by the CITY pursuant to the assessment district assessments and bond sales and any cash payments by the DISTRICT. This fund shall be used to pay the cost of construction of all improvements described in Exhibit "B". b. Tax Allocation Bond Fund The AGENCY shall transfer to the CITY, monies which AGENCY has obtained or shall obtain from the issuance and sale of tax allocation bonds by the AGENCY. Said money shall be kept by the CITY in a "Tax Allocation Bond Fund" and, except as provided in the following Subparagraph C, shall be used to pay the cost of constructing those improvements described on Exhibits "C-1" and 11C-2" (Street Improvements and Storm Drains). C. Sewage Ejector Pump Contingency Fund The CITY, upon receipt of the monies obtained from the issuance and sale of tax allocation bond by the AGENCY shall retain an amount of FIFTY THOUSAND DOLLARS ($50,000.00) for the purpose of providing ejector pumps for the developed parcels where sewage will not flow by gravity from the point of the building connection to the sanitary sewers constructed pursuant to this Agreement. Said funds shall be administered by the CITY. Appropriate qualifying criteria shall be established by the CITY and the DISTRICT for the disbursement of these funds. FINANCING PROVISIONS 3. DISTRICT'S Obligation The DISTRICT'S obligation to pay the costs and expenses of the project shall be limited to domestic water facilities. The DISTRICT shall budget and contribute up to a total of $1,000,000.00 per fiscal year, starting with the fiscal year 1988-1989 toward the total cost of the domestic water facilities to be constructed as part of the project and shown on Exhibit "D". If the total cost and expenses of constructing domestic water facilities exceed the amount of $1,000,000.00 in any one fiscal year, the CITY shall advance the difference, at no interest, and shall be repaid by the DISTRICT as and when funds are available from said annual $1,000,000.00 budget for construction of said facilities. 4. CITY'S Obligation The obligation of the CITY to pay the costs and expenses of the project shall be limited obligation, payable solely from the Improvement Fund. 5. AGENCY'S Obligation The obligation of the AGENCY to pay the costs and expenses of the project shall be limited to the monies it pays to the CITY from the sale of tax allocation bonds. CONSTRUCTION PROVISIONS 6. Plans and Specifications The DISTRICT shall review and approve all plans, specifications, drawings and revisions thereof for the construction and installation of all domestic water and sanitary sewer improvements prior to construction. The DISTRICT shall be reimbursed for the engineering and drafting expense and overhead for the sanitary sewer improvements described in Exhibit "B" from monies, if any, remaining in the Assessment District's construction contingency fund unless the assessment district proceedings are not completed, in which event the DISTRICT shall bear its own engineering and drafting expense and overhead. 7. Inspection The DISTRICT shall provide normal construction inspection services in connection with construction and installation of all domestic water at no cost to the CITY, the Assessment District, or the AGENCY. The CITY, from monies, if any, remaining in the Assessment District's construction contingency fund shall reimburse the DISTRICT for its normal construction inspection and services in connection with construction and installation of the sanitary sewer improvements described in Exhibit "B". 8. Progress Payments The DISTRICT shall review each progress payment request by contractor for the construction and installation of domestic water and, subject to the annual fiscal limitation regarding domestic water facilities set forth in Paragraph 3-b above, upon approval of said request, shall pay to CITY the amount approved for the portion of the project being constructed and installed at the DISTRICT's expense within twenty (20) days of said approval. The CITY shall thereupon pay the amount authorized by the DISTRICT to the contractor. 9. Completion Upon completion of the construction and installation of the domestic water and sanitary sewer facilities, the CITY shall file a Notice of Completion for recording in the Office of the County Recorder. Upon formal written acceptance thereof by the DISTRICT, the CITY shall execute all documents necessary for the conveyance of title to said facilities to the DISTRICT. Upon delivery of said documents to the DISTRICT, said facilities shall become a part of the DISTRICT's domestic water and sanitary sewer systems, as appropriate, and the DISTRICT shall thereafter operate and maintain same. CONDITIONS TO WATER AND SEWER SERVICE 10. DISTRICT'S Rights and Duties The DISTRICT shall have the following rights and duties regarding annexations, connection and facilities fees: a. Annexation The DISTRICT shall annex parcels into appropriate improvement districts upon a request for actual services by the property owner and upon payment of the appropriate fees and charges as set forth below. b. Connection Charges A condition to service shall be payment of any applicable connection charge, including the cost of installation of a lateral connection or the relocation of a lateral where appropriate or necessary. C. Facilities Fees A condition to service shall be payment of all required domestic water and/or sewage treatment facilities fees or capacity charges which are in existence at the time that service is requested. MISCELLANEOUS PROVISIONS 11. Effective Date This Agreement shall become effective upon the adoption by the City Council of a resolution confirming assessments and upon the receipt of sufficient funds by the CITY, from paid assessments and from the sale of improvement bonds, when added to funds received from the AGENCY and considering the financial obligations of the DISTRICT, shall constitute a sufficient total amount to pay all the costs and expenses of construction and installation of the project, including incidental expenses. The foregoing notwithstanding, the obligation of the DISTRICT to pay its own costs of engineering and drafting and overhead attributed thereto, shall become effective upon the initiation of special assessment proceedings by the CITY even if the balance of this Agreement does not become effective. 12. Termination If for any reason the Assessment District or any of the special assessment proceedings or the issuance and sale of improvement bonds are invalidated by a court of competent jurisdiction, this Agreement shall be automatically terminated. 13. Notice Any notice authorized or required to be given to the CITY shall be deemed duly and properly given if sent to the CITY by registered or certified mail, return receipt requested to: CITY OF LA QUINTA P.O. Box 1504 La Quinta, California 92253 ATTENTION: City Manager or personally delivered to the CITY at such address or other address specified to the AGENCY and the DISTRICT in writing by the CITY. Any notice authorized or required to be given to the AGENCY shall be deemed duly and properly given if sent to the AGENCY by registered or certified mail, return receipt requested to: THE LA QUINTA REDEVELOPMENT AGENCY P.O. Box 1504 La Quinta, California 92253 ATTENTION: Executive Director or personally delivered to the AGENCY at such address or other address specified to the CITY and the DISTRICT in writing by the AGENCY. Any notice authorized or required to be given to the DISTRICT shall be deemed duly and properly given if sent to the DISTRICT by registered or certified mail, return receipt requested to: COACHELLA VALLEY WATER DISTRICT P.O. Box 1058 Coachella, California 92236 ATTENTION: Tom Levy General Manager, Chief Engineer or personally delivered to the DISTRICT at such address or other address specified to the CITY and the AGENCY in writing by the DISTRICT. 14. Entire Agreement This Agreement represents the entire integrated agreement among the CITY, the AGENCY, and the DISTRICT, supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be modified by a writing signed by the CITY, the AGENCY, and the DISTRICT. 15. Governing Law This Agreement shall be governed by the laws of the State of California. 16. Successors and Assigns The provisions of this Agreement shall inure to and be binding upon each of the parties to this Agreement and their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers thereunto duly authorized by the CITY on , 1989, by the AGENCY on 1989, and by the DISTRICT on , 1989. CITY OF LA QUINTA By LA QUINTA REDEVELOPMENT AGENCY By _ ()kaj JOHN J. PEN , Ch an COACHELLA VALLEY WATER DISTRICT By --,� f%� TOM LEVY, General Manager Chief Engineer , ATTEST: BERNADINE SUTTON, Secretary PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 89 - 2 CITY OF LA QUINTA RIVERSIDE COUNTY, CALIFORNIA OF THE S�p:INTENDEN OF OAT OF dr .19 CITY CLERK OF THE .DAY OF AAdy_. �o • _ .� .+o,xCll anwn v+c VICINITY MAP N. T S. 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