CVWD - AD 88-1 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").
RECITALS
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
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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 to 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
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the DISTRICT. Thij 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 "C-2" (Street Improvements and Storm Drains).
C. Sewage Ejector Pump Contingency Fund
The CITY, upon receipt of the monies described
in the preceding Subparagraph 2-b, shall establish a "Sewer Ejector
Pump Contingency Fund" in the 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. Such Fund 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 the following:
a. Sanitary Sewer Facilities
The DISTRICT shall construct or shall pay
the costs of constructing those sanitary sewer facilities described
on the attached Exhibit "D".
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b. 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 "E". 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
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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 and those sanitary sewer improvements described in
Exhibit "D" 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/or those sanitary sewer facilities described on Exhibit
"D" 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
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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
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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 / 44eCh al ,
on ��l , 1989, and by the DISTRICT on
1989, by the AGENCY
1989.
CITY CITY OF LA QUINTA
By
ATTE Mayor
1
t/
i Clerk
PROPOSED BOUNDARIES
OF
ASSESSMENT DISTRICT NO.88-1
CITY OF LA QUINTA '
RIVERSIDE COUNTY, CALIFORNIA 11
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VICINITY MAP
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FILED IN THE OFFICE OF THE SUPERINTENDENT OF
STREETS THIS DAY OF
ENGINEER OF WORK
FILED 1N THE OFFICE OF THE CITY CLERK OF THE
CITY OF LA QUINTA THIS__ _.DAY OF _
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CITY CLERK OF THE CITY OF LA OUINTA
I HEREBY CERTIFY THAT THE WITHIN HAP SHOW-
ING THE PROPOSED BOUNDARIES OF ASSESSMENT
DISTRICT NO. 88-1 CITY OF LA OUINTA. COUNTY
OF RIVERSIDE. STATE OF CALIFORNIA. WAS AP-
PROVED BY THE CITY COUNCIL OF LA OUINTA AT sCA1F I'-�.o
A REGULAR MEETING THEREOF HELD ON THE
DAY OF__ 19 , BY THE RESOI UT I ON
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KICAK AND ASSOCIATFS
CITY CLERK OF THE C1TY OF LA QUINTA
FILED THIS___ -DAY OF19__. - AT
THE HOUR OF- ____.-____O'CLOCK___.M. IN BOOK
OF MAPS OF ASSESSMENT DISTRICTS, PAGE
IN THE OFFICE OF THE COUNTY RECORDER
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SANITARY SEWER SYSTEM
BOUNDARY OF SYSTEM TO BE
PAID FOR BY COACHELLA
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