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CC Resolution 1983-051(' RESOLUTION NO. 83-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE INITIAL REDEVELOPMENT AUTHORIZATION AGREEMENT AMONG THE COUNTY OF RIVERSIDE, THE CITY OF LA QUINTA AND THE LA QUINTA REDEVELOPMENT AGENCY. WHEREAS, the City of La Quinta and the La Quinta Redevelopment Agency desire to establish a flood control redevelopment project for protection of property and lives in the City of La Quinta; and WHEREAS, it is necessary to include certain unincorporated territory in the proposed Redevelopment Project Area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that the Initial Redevelopment Authorization Agreement among the County of Riverside, the City of La Quinta and the La Quinta Redevelopment Agency be and is hereby approved. APPROVED and ADOPTED this 6th day of September 1983, by the following vote: AYES: Council Members Allen, Cox, Wolff and Mayor Baler. NOES: None. ABSENT.. None. ABSTAIN: Council Member Henderson. MAYOR ATTEST: APPROVED AS TO FORM APPROVED AS TO CONTENT: O'REY Th CIT C?TY MAN?ER BIB] 04-25-1996-U01 10:27:41AM-U01 CCRES-U02 83-U02 51-U02 (' Ii 1 INITiAL REDEVELOPMENT AUTHORIZATION A?AGREEMENT 3 TPIS AGREEMENT is made by and between the County of 4 Riverside, hereinafter referred to as County"; the City of La 5 Quinta, hereinafter referred to as City"; and the La Quinta Rede- 6 velopment Agency; hereinafter referred to as Agency". 7 RECITALS 8 WHEREAS, on July 19, 1983, city requested that the 9 Board of Supervisors of County authorize Agency to undertake a 10 redevelopment activity that includes an area located within the 11 territorial limits of county, contiguous to City; and 12 WHEREAS, on July 26, 1983, the Board of Directors of 13 the Coachella valley Water District requested that the Board of 14 Supervisors of County authorized agency to undertake a redeve1o?ment 15 activity that includes an area located within the territorial 16 limits of County, contiguous to City; and 17 WHEREAS, California Health and Safety Code Section 18 33213 permits a legislative body of a community that has territorial 19 jurisdiction over an area that is contiguous to another community, 20 to authorize the other community to undertake redevelopment of said 21 area; and 22 WHEREAS, on August 9, 1983, the Board of Supervisors of 23 County adopted Ordinance No. 605 designating and authorizing 24 Agency and City to undertake activities in the area hereinafter 25 referred to as Area" or Project Area") as described in Exhibit 26 A" of Ordinance No. 605, which said Ordinance and Exhibit are 27 attached hereto and by this reference incorporated herein; and 28 GERALDJ G?ERUNGS COUNTY COUNSEL SU?T 300 3535 l?H?fl?E? RIVERSIDE CAtIFOUNIA BIB] 04-25-1996-U01 10:27:41AM-U01 CCRES-U02 83-U02 51-U02 (' 1 WREREAS, Section 7 or Ordinance No. 605 requires the 9 c'f n t by thR D?rfip?.? hereko; prior o hp 3 effective date of said Ordinance, that contains the requirements 4 set forth in the Ordinance. 5 COVENANTS 6 For and in consideration of the covenants set forth 7 below, the parties agree as follows: 8 1. Studies, Investigations and Hearings. City 9 and Agency, as authorized by County Ordinance 10 No 605, shall take appropriate and necessary 11 actions, pursuant to the California Community 12 Redevelopment Law, to conduct studies, in- 13 vestigations, and hearings, for the purposes 14 of determining whether or not the project, 15 the flood control improvements to be con- 16 structed, and the project area, are proper 17 and within the limitations and purposes of 18 the law pertaining to redevelopment. 19 2. Financial Information. City and Aqency, as 20 soon as possible and not later than the sub- 21 mittal of a relevant redevelopment plan to 22 county for its approval, shall transmit to 23 County all information concerning the finan- 24 cial feasibility of the proposed redevelop- 25 ment project and any financial alternatives 26 to utilizing the redevelopment process. 27 3. Background Data. County shall make available 28 to Agency and City any information and back- GERALD J. GEENUNGS COUNTY COUNSEL 300 2- IOt? STREET BIB] 04-25-1996-U01 10:27:41AM-U01 CCRES-U02 83-U02 51-U02 (' 1 ground data that relates to the project 2 tb? iintv v b?v? i? i?q 3 files. 4 4. Planning Jurisdiction City and Agency 5 shall have only those rights and privi- 6 leges with respect to the project area 7 that are necessary fot the purposes of 8 impleinenting the redevelopment pro- 9 posal. County shall retain all rights, 10 powers, and privileges with respe?t to 11 land use controls, development approvals 12 and authorizations affecting the real 13 property within the boundaries of the 14 project area as long as said area 15 remains unincorporated territory within 16 the County. 17 5. Compliance With The Community Redevelopment 18 Law. City and Agency shall,at all times 19 during the term of this Agreement, comply 20 with the law pertaining to Community 21 Redevelopment as set forth in California 22 Health and Safety Code Sections 33300 25 et.seq., including, but not limited to, 24 the development of data sufficient to 25 support a determination of blight for the 26 project area and economic feasibility of 27 the proposed redevelopment project. 28 //// GE?ALDJ. GEE?UNGS COU?TY CO?NSEL 3- SUtm300 3535. l?Th STR?ET RJVRSLDF. CAr IPORNIA BIB] 04-25-1996-U01 10:27:41AM-U01 CCRES-U02 83-U02 51-U02 (' 1 6. Cooperation With public Agencies Serving Project Area Citv and Agency hall 3 actively solicit the cooperation of 4 other public entities, having taxing 5 and public service jurisdiction within 6 the boundaries of the project area, for 7 the planning and undertaking of this 8 redevelopment project. In this regard, 9 City and Agency, prior to the adoption 10 of the redevelopment plan pertaining 11 to the proposed project and project area, 12 shall attempt to negotiate and execute 13 cooperation agreements with the above 14 referenced public agencies for the pur 15 pose of obtaining their mutual assistance 16 for the project and alleviating any finan- 17 cial detriment that will result from the 18 formulation and implementation of the 19 redevelopment project. 20 7. County Pass Through Agreement. Prior to 21 the approval of the final redevelopment 22 plan for said project by County, Agency 23 and City hall endeavor to pres?nt to 24 county, a method to be used in a pass 25 through agreement whereby County and all 2G public agencies represented by County?s 27 Board of Supervisors shall be reimbursed 28 a mutually agreeable percentage of their GERALD J. GEE?LING? COUNTY COUNSEL SUET? 300 4- 35 10TH STT?EET rtrvFR;.rn? rAE muNch BIB] 04-25-1996-U01 10:27:41AM-U01 CCRES-U02 83-U02 51-U02 (' 1 prorata share of tax increment allocation 2 accru?na from the project are? for th? life and term of the project. Notwith- 4 standing the above, a pass through agree- 5 ment shall be mutually approved and exe- 6 cuted by the parties hereto, prior to 7 County's approval of the final rede- 8 velopment plan forthe project and project 9 area. 10 8. Opinion of Legal Counsel. Prior to 11 County approval of the final redevelop- 12 ment plan for the project and proje?t 13 area, Agency shall provide to County, 14 a written opinion of its legal counsel 15 that the redevelopment plan, relevant 16 actions, proceedings and contracts, as 17 proposed or implemented by City and 18 Agency, are in accordance with the 19 applicable law 20 9. Term and Termination By Parties The 21 term of this Agreement shall be one year 22 from the date of the execution of this 23 Agreement, unless mutually extended by 24 the parties hereto. The Agreement may 25 be terminated by any party to this Agree- 26 ment, at any time, by transmitting a sixty- 27 day written notice of the termination to 28 the other parties of this Agreement. GERALD J, GEERUb*G? COUNTY COU?SEL sUl? 300 5- l?Th STREET R[VERSTDE. CAUFOR?IA BIB] 04-25-1996-U01 10:27:41AM-U01 CCRES-U02 83-U02 51-U02 (' 1 County shall, in addition to the 60-day flr? i C fl C; 93 a period of sixty days following the 4 giving or receiving such a notice in 5 order to exercise its election to ter- 6 minate this Agreement. 7 10. Notice. Any notice or other communi- 8 cation provided for in this Agreement, 9 or permitted to be given by one party.to 10 the others, must be in writing and given 11 by depositing same in the United States 12 mail. For the purposes of notice, the 13 addresses of the parties shall be as 14 follows: 15 City of La Quinta 16 City Hall 78-105 Calle Estado 17 P. 0. Box 1504 18 La Quinta, California 92253 19 Attention: City Manager 20 La Quinta Redevelopment Agency 21 City Hall 22 78-105 Calle Estado p. 0 Box 1504 23 La Quinta, California 92253 24 Attention: Executive Director 25 County of Riverside 26 County Administrative Building 27 4080 Lemon Street 28 Riverside, California 92501 Attention: Mr. Robert Fitch GERALD J. GEERUNGS COU?TY COU?SEL SUITE 300 3?' l()THSTREET 6- R?ERSIDE. CALt?ORNtA BIB] 04-25-1996-U01 10:27:41AM-U01 CCRES-U02 83-U02 51-U02 (' 1 11. Indemnification. City and Agency jointly a, and sexie J 1 r arpp to i ndpmn i fv Cot] n tv 3 and save County harmless from and against 4 damages, liability, loss, cost or de- 5 ficiency, including but not limited to, 6 reasonable attorney fees and costs and 7 expenses incident to the proceedings and 8 investigations related to the defense of 9 any claim or action incurred by County 10 arising out of or relating to the rede- 11 velopment and other activities of City 12 or Agency for this project and project 13 area as hereinabove described. 14 DATED: August 1983 15 Attest. CITY OF LA QUINTA 16 17 City C er Mayor 18 DATED: August 1983 19 Attest: LA QUINTA REDEVELOPMENT AGENCY 20 21. Secre?'ry Chairman 22 DATED: August 1983 23 Attest: COUNTY OF RIVERSIDE 24 25 L?A era1? A. Maibney Chairman oft he 26 Clerk1of the Board Board of Supervisors 27 FORM APPROVED COU?TY COUNs? 28 G?RALD J GEERUNGS rtrV,R?!flF CA IPflttNIA COU?IY COU?SEL Stj? 300 lQT? TREET 7- BIB] 04-25-1996-U01 10:27:41AM-U01 CCRES-U02 83-U02 51-U02 (' 1 ORDINANCE NO. 605 0 AN ORDINANCE OF THE COUNTY UN AUTHORIZING THE LA QUINTA REDEVELOPMENT ACENCY TO 3 I DERTAKE REDEVELOPMENT OF A PORTION OF THE UNINCORPORATED AREA CONTICUOUS TO THE CITY OF LA QUINTA PURSUANT TO 4 SECTION 33213 OF THE CALIFORNIA HEALTH AND SAFETY CODE. 5 The Board of Supervisors of the County of Riverside, State of California, do ordain as follows: 7 Section 1. The City of La Quinta has requested that the 8 Board of Supervisors pursuant to Section 33213 of the California 9 Health and Safety Code, designate and.authorize the La Quinta 10 Redevelopment Agency to undertake the redevelopment of that certain 11 real property located within the territorial limits of the County 12 of Riverside, contiguous to the City of La Quinta, more particularly 13 described on Exhibit A, attached hereto. The Board of Supervisors 14 finds that said Section 33213 permits the Board to authorize the 15 redevelopment of an area within its territorial limits by another 16 community if such area is contiguous to such other corrimunity," 17 and determines that the subject properties hereinabove referred to 18 are contiguous to the City of La Quinta. 19 Section 2. The Board of Supervisors.further finds, pur- 20 suant to said Section 33213 that any final redevelopment plan for 21 the project area must be approved by the Board prior to its final 22 adoption by the Redevelopment Agency and the Board reque?ts the 23 submission of additional factual and financial information and data 24 by the Redevelopment Agency prior to the submission of the rede- 25 velopment plan to this Board for final approval. 26 Section 3. The City of La Quinta and the La Quinta 27 Redevelopment Agency are hereby authorized to undertake the rede- 28 velopinent of the described area in all respects as if the area were GERALD J. GEERUNGS COU?TY COUN5EL SU?3Oo 3535 IOTX STRE? BIB] 04-25-1996-U01 10:27:41AM-U01 CCRES-U02 83-U02 51-U02 (' 1 within the territorial limits of the City of La Quinta, except as provided for herein. Se?tion A m? 4 of the City of La Quinta and the La Quinta Redevelopment Agency 5 shall have Only those rights, powers and privileges with respect 6 to such area that are necessary for the completion of the propose? 7 redevelopment project. 8 Section 5. The edevelopment project area may include 9 all or any portion of the area described in the attached Exhibit 10 A, and the redevelopment plan for such area shall be approved in 11 accordance with all approvals and findings required by the 12 California Community Redevelopment Law. 13 Section 6. As long as the subject property remains 14 unincorporated territory within the County of Riverside, the 15 County of Riverside shall retain all rights, powers and privileges 16 with respect to land use controls and development review, approval 17 and authorizations for the subject property. 18 Section 7. Prior to the effective date of this ordi- 19 nance the City of La Quinta, the La Quinta Redevelopment Agency 20 and the County of Riverside, shall execute an agreement memorial- 21 izing the requirements and conditions of this ordinance which 22 aqreement shall contain provisions indemnifying and holding harm- 23 less the County, its officers and agents, from any activities 24 undertaken by the City of La Quinta and the La Quinta Redevelop- 25 ment Agency with regard to all redevelopment activities in con- 26 nection with this proposed redevelopment project. 27 28 GERALDJ. GEERUNGS COUNTY COUNSEL SUITE 300 2- 3515 10TH STREET BIB] 04-25-1996-U01 10:27:41AM-U01 CCRES-U02 83-U02 51-U02 (' 1 Section 8. This Ordinance shall take effect 30 days 2 f?or th? dat? of doot:iori. 3 BOARD OF SUPERVISORS OF THE CQUNTY OF RIvER?ID?;?sTATE O??ALIFO?NIA 4 Attest: 5 GERALD A. MALONEY, Clerk of the Board By________________________________ 6 Chairman, Board of upervisors 7 By______________________ Deputy 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GERALD I. GEERUNGS COUNTY COUNS? 3- SUITE 300 353? IOTHSTREET RiVERSIDE CAUFOHN?A BIB] 04-25-1996-U01 10:27:41AM-U01 CCRES-U02 83-U02 51-U02 (' LA QUINT?? PRW? Stirvey Area Ehibit A Beginning at the northwest coi.1i?? n- Township 5 South, Range 6 East, SBBM, thence ea?terly along the northerly line of said section approximately 2,640 feet to the mid-point of said line, thence southerly approximately 2,640 feet to the mid-point of said section, thence easterly approximately 1,320 feet to a point of intersection with the easterly right of way line of Eisenhower Drive, thence southerly along said line to a point of intersection with the northerly right of way line of Avenue 50, thence easterly along said line to a point of intersection with the center line of Jefferson Street, thence southerly along said line to a point of intersection with the center line of Avenue 54, thence easterly along said line to a point of intersection with the center line of Madison Street, thence southerly along said line to a point of intersection with the center line of Avenue 56, thence easterly along said line approximately 2,640 feet, thence southerly approximately 2,640 feet to the inid-point of Section 22, Township 6 South, Range 7 East, SBBM, thence westerly approximately 5,280 feet to the mid-point of Section 21, Township 6 South, Range 7 East, SBBM, thence southerly approxi- inately 1,320 feet, thence westerly approximately 1,320 feet, thence southerly approximately 1,320 feet to a point of intersection with the center line of Avenue 58, thence westerly along said line to a point of intersection with the center line of Jefferson Street, which is the easterly line of Section 29, Township 6 South, Range 7 East, SBBM, thence southerly along said line to the southeast corner of said section, thence westerly along the southerly lines of said section, Section 30, and Section 25, Township 6 South, Range 6 East, SBBM, to the southwest corner of said section, thence northerly along the westerly line of said section, Sections 24, 13, 12, 1, and Section 36, Township 5 South, Range 6 East, SBBM, to the point of beginning. Pacie 1 of 2 BIB] 04-25-1996-U01 10:27:41AM-U01 CCRES-U02 83-U02 51-U02 (' L? Cu?r? ro?)?ct Survev Area xhibit A IA City Doun?ary PAL? DESER QUADRANGLE CALlFCRNIA-RlV?RSlDE Ca. ES Survey Area Boun?ary 5 lNUTE SERiE? OPOGRAPHTC) Sr 60 1 20 56' 5 t990OO? F[C? p 7 yom?aC4 + * 0 fI 0 Qt- ey CL r-: V! 72': iaa Y?>?--.i mop, L*? I I Mt 4c tTh LLC M 12'. C'' I.-> I N ss??hower? E I /\ t? &r4%??.?Thc\ C 1. pmp ULQutnta I- I I 1 I 24 0 0, r 12 j...............................................] i E I I F I? BIB] 04-25-1996-U01 10:27:41AM-U01 CCRES-U02 83-U02 51-U02