CVWD - Tampico Sewer Main 92AGREEMENT 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 sanitary sewer facilities, street improvements,
and a storm drain; each intends to contribute to the cost of some or all of
these improvements to contribute to the cost of some or all of these
improvements through direct financial contribution and/or through the sale of
bonds as hereinafter described.
THEREFORE, IT IS AGREED:
FUNDING
1. Funds
Upon adoption of a resolution by the City Council ordering the
project to be constructed and installed, the following funds shall be
established and maintained by the CITY from the sources and for the purposes
described:
a) Improvement i"nd
Into this fund shall be deposited any cash payments by the
District, this fund shall be used to pay the cost of construction of all
improvements shown on Exhibit "A" and plans on file in the office of the City
Engineer entitled "Calle Tampico Trunk Sewer Main".
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, shall be used to pay the cost of constructing those
improvements described on plans on file in the office of the City Engineer
entitled "Street and Storm Drain Improvements Within Calle Tampico".
FINANCING PROVISIONS
2. DISTRICT'S Obligation
The DISTRICT'S obligation to pay the costs and expenses of the
project shall be limited to sanitary trunk sewer facilities. The DISTRICT
shall budget and contribute an estimated $370,759 toward the cost of these
facilities, pursuant to the Resolution
No. 92-168 adopted by the District Board of Directors on August 11, 1992.
3. 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.
4. 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
5. Plans and Specifications
The DISTRICT shall review and approve all plans, specifications,
drawings and revisions thereof for the construction and installation of all
I
anitary sewer improvem cs prior to construction.
6. Inspection
The DISTRICT shall provide normal construction inspection services
in connection with construction and installation of the sanitary trunk sewer
at no cost to the CITY, dr the AGENCY.
7. Progress Payments
The DISTRICT shall review each progress payment request by
contractor for the construction and installation of the sanitary trunk sewer
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.
8. Completion
Upon completion of the construction and installation of the
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 sanitary sewer systems, as appropriate and the
DISTRICT shall thereafter operate and maintain same.
MISCELLANEOUS PROVISIONS
9. Effective Date
This Agreement shall become effective upon the adoption by the City
Council of a resolution authorizing the Mayor to enter into this Agreement
with the DISTRICT.
10. 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, CA 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, CA 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, CA 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.
13. 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.
14 .
Governing Law
This Agreement shall be governed by the laws of the State of
California.
15. 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 SQrv44e4i ber /.s 1992, by the AGENCY on !JP- knlbQr
19921 and by the DISTRICT on , 1992.
CITY OF LA OUINTA
By: /�� L
JbTiNVJ.PE .Mayor
ATST:
UNDRA L. JUHOrzK, City Clerk
By:r'. P'As (—� f-
JO N , lhrman
ATT
LDRA /F.�JUHOLXr-*City Clerk
COACHELLA VALLEY WATER DISTRICT
By : \�_i pr-y,.�
TOM LEVY, General Manage
Chief Engineer
ATTEST:
ADINE SUTTON, Secretary
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