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CVWD - AD 2000-01 Public Imp 00AGREEMENT 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 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 portions of the project pursuant to Sections 10109 through 10111 of the Municipal Improvement Act of 1913 set forth in California Streets and Highways Code Section 10000, et seq. ("the Act"). ag=ts,,00Ugredev -1- B. Domestic Water Facilities. The District shall budget and contribute the total cost of the domestic water facilities to be constructed as part of the project and shown on Exhibit `B," not otherwise paid for by the City or Agency. The District shall pay the City for water improvement construction expenses on a monthly basis after monthly work is completed based on quantities agreed upon by the City and District Inspector. The Agency shall pay all costs for street surface restoration over the newly installed water main in conjunction with the street improvements shown on Exhibit `B." 2. Cites/Agency'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. The Agency shall pay the costs and expenses of all domestic water facilities required to be replaced due to cuts in grades and/or additional fill (amount of fill and cut impacting the existing domestic line to be determined by the District) over the District's existing domestic water mainline including engineering costs. 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. The City shall pay the costs of constructing those sanitary sewer and all other improvement facilities shown on the attached Exhibit "B." Construction Provisions 1. 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. ag=ts\oo\1gredev -3 - THEREFORE, IT IS AGREED: Assessment District Proceedinas, Fundine. 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 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 shall be used to pay the cost of constructing street improvements in the area shown on Exhibit `B" (Curb, Gutter, Pavement and Storm Drain). Financing Provisions 1. 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 not construct or shall not pay the costs of constructing those sanitary sewer facilities described on the attached Exhibit "B." agrmnts\oo\lgredev -2- 2. Contractor's Bids. After the contractor's bids are received, the District shall review the water main portion of the bids submitted. The District expressly reserves the right to reject any or all portions of the bids received for the District's water main improvements. 3. Ins eU ction. The District shall provide normal construction inspection services in connection with construction and installation of all domestic water described in Exhibit "B." The City 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." 4. Pro egr ss 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 `B." The District, upon approval, shall pay to the 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. 5. 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 1. 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. agrmnts\oo\lgredev -4- 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 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. 2. 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. 3. 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 Attention: City Manager Post Office Box 1504 La Quinta, California 92253 or personally delivered to the City at such address or other address specified to the Agency and the District, in writing, by the City. ag=ts\oo\1gredev -5- 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, returned receipt requested to: La Quinta Redevelopment Agency Attention: Executive Director Post Office Box 1504 La Quinta, California 92253 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: Tom Levy, General Manager -Chief Engineer Coachella Valley Water District Post Office Box 1058 Coachella, California 92236 or personally delivered to the District at such address or other address specified to the City and the Agency, in writing, by the District. 4. 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. 5. Governing Law. This Agreement shall be governed by the laws of the State of California. 6. 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. agrmnts\oo\Igredev -6- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers thereunto duly authorized by the City on L 7, , 2000, by the Agency on AA A.Rc la 7, , 2000, and by the District on p,,� t-7 , 2000. CITY ATTEST: POV AGENCY ATTEST: f the La Quinta Redevelopment Agency CITY OF LA QUINTA � � r Mayor LA QUINTA REDEVELOPMENT AGENCY By: DISTRICT COACHELLA VALLEY WATER DISTRICT Tom Levy General Manager -Chief Engineer ATTEST: a�� he a Secretary of the CoacValley Water District and of the Board of Directors Thereof AM:i1\eng\agrmnts\oo\1gredev -7- "A PROPOSED PHASE VI IMPROVEMENTS ASSESSMENT D/AGRAM# ASSESSMENT DISTRICT NO.98-19 ZONES A AND 8 aay onm oom aa.,horm. $sof ofafflamb --'1 i '---------A V E,irrD Xc----' 'T�------' C° O352 © ]76 © < @ 357 3 74 w--- C9 347 ® z 371 ® 361 ® ® 410 ® S 362 O 9 387 O 411 O •`�� ® J© (0> (9D J® (9D ® J® (W> 412 W ® < U 14�3 V 67 ® uL 341 342 k ]66 ® 391 414 A V E N I D A N U E S T R A e-614-6a-- ---- 423 424 444 W 421 426 w 443 < 420 427 S 419 420 = — 44t V 4/e 429 J � 430 Y C W J u J V `2:8i z p Z N 3 23 100 FEET 0 30 200 400 LECEPO, 5T PROPOSED PHASE VI IMPROVEMENTS ASSESSMENT D/AGMAM ASSESSMENT DISTRICT NO.98-19 ZONE C aw of La CANN CDUW o/B►rwnm SAW of cawwnb I I P i 40 C J E F F E R S 0 N STREET -- I I ® � ® O I ® ® ® ® ® (aI ' ® ® ® d y c ® ® 1® (at It ® zi ® ®®48, 3 i RQADRUNNER LANE I to39 LLI ROUDEL LANE --a tom I i 447 i ' � i I ® 1 t DUNE PALMS ROAD 0 p I U W O Z rWp� Go ON WW W lL (L ,J)d w 0 0 3 �Ia m rn a� oil Yw g v o Z MOP o g � � 11 9 911 Q Q -e c LL a UV) W F >I � pN 5 NW W L Ua O EL cn Y W � z 0 n w ct W 3-z Q J En 0 O C� 3 W 4 i C—,," w a Q (3- 133aLS NOIJNIHSVM in 9 Il 9 9 IN