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CC Resolution 1989-079^#: RESOLUTION NO. 89-79 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL COOPERATION AGREEMENT WITH THE LA QUINTA REDEVELOPMENT AGENCY RELATING TO PUBLIC IMPROVEMENTS. WHEREAS, by Ordinance No. 43 adapted on December 29, 1983, the City Council of the City of La Quinta adopted and approved a certain Redevel9pment 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 improvements 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 in that they will enhance the area and contribute to the elimination of blight throughout the Project Area, and in the immediate neighborhood in which the Project Area is located; 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 City Council of the City of La Quinta as follows: SECTION I: The City Council hereby determines that the Improvements are of benefit to the Project Area and the immediate BIB] 07-23-1998-U01 03:01:00PM-U01 ADMIN-U01 CCRES-U02 89-U02 79-U02 ^#: 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 to advance funds for the installation of the Improvements in accordance with the Supplemental Cooperation Agreement the Agreement"), in the form attached 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 provide substantial safety and appearance improvements which will enhance growth in the entire Project Area. SECTION II: The Mayor is hereby authorized to execute the Agreement on behalf of the City. ADOPTED this 20th day of ATTEST: A *Fty Clerk of the *of LaQuinta I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of La Quinta at a regular meeting thereof held on the 20th day of Jun* 1989, by the following vote: AYES: COUNCIL MEMBERS: Bosworth, Rushworth, Sniff, Mayor Pena NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Bohnenberqer ABSTAIN: COUNCIL MEMBERS: None City Clerk of the y of La Quinta RESO NO. 06/13/89 4976n/2338/07 2- BIB] 07-23-1998-U01 03:01:00PM-U01 ADMIN-U01 CCRES-U02 89-U02 79-U02 ^#: SUPPLEMENTAL COOPERATION AGREEMENT THIS SUPPLEMENTAL AGREEMENT is entered into as of the day of 1989, 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 arid 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. 1 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 arid 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 neighborho0* in which the project area is located; and BIB] 07-23-1998-U01 03:01:00PM-U01 ADMIN-U01 CCRES-U02 89-U02 79-U02 ^#: 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 pur*uant 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 *. of the Community Redevelopment Law, to be repaid to the City by the Agency. 06/13/89 4978n/2338/07 2- BIB] 07-23-1998-U01 03:01:00PM-U01 ADMIN-U01 CCRES-U02 89-U02 79-U02 ^#: 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 execu*ed this Agreement as of the date first above written. ATTEST: CITY OF LA QUINTA City Clerk *y Mayor CITY" ATTEST: LA QUINTA REDEVELOPMENT AGENCY By__________________________ Agency Clerk Chairman AGENCY" 06/13/89 4978n/2338/07 3- BIB] 07-23-1998-U01 03:01:00PM-U01 ADMIN-U01 CCRES-U02 89-U02 79-U02 ^#: EXHIBIT ItAlY Proposed Public Improvement and Facilities 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 BIB] 07-23-1998-U01 03:01:00PM-U01 ADMIN-U01 CCRES-U02 89-U02 79-U02 ^#: EXHIBIT B" IMPLEMENTING AGREEMENTS FOR COVE IMPROVEMENTS LA QUINTA REDEVELOPMENT AGENCY. 1. Contract Agreement for Construction labeled B.l with Matich Corporation. 2. Contract Agreement for Testing Services labeled B.2 with Leighton and Associates, 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. BIB] 07-23-1998-U01 03:01:00PM-U01 ADMIN-U01 CCRES-U02 89-U02 79-U02