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RDA Resolution 1989-22M RESOLUTION NO. 89-22 RESOLUTION OF THE LA QUINTA REDEVELOPZENT AGENCY AUTHORIZING THE EXECUTION CF A SUFPLEMENZAL COOPERATION AGREEMENT WITH CITY OF LA QUINTA RELATING TO ZUBLIC IMPROVEZENTS. WHEREAS, by Ordinance NC. 43 adopted on Decer'.ber 29, 1983, the City Council of the City of La Quinta adopted and approved a certain Redevelopment 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 seaZ), 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 and the immediate neighborhood of the Project Area in that they will increase the safety and contribute to the elimination of blight; 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 cast 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 La Quinta' Redevelopment Agency as follows: SZCTION I: he AGency hereby deter-ines hat the Impravements are Ct benefit to the Project Area and the immediate neighborhood in BIB] 03-04-1997-U01 02:29:39PM-U01 RDARES-U02 89-U02 22-U02 Mwhich the Zroject Area is located, and that no other reasonable means of financing such Improvements are available to the ComZunity, and hereby Consents to the undertaking of construction and installation of the Improvements in accordance with the Supplemental Cooperation Agreement in the form attached Zo this resolution and incorporated herein by reference. The determination that the Improvements will benefit the Project Area is basedZupon the fact that the Improvements will increase safety and contribute to elimination of blight. SECTION II: The Chairman is hereby authoZized to execute the Agreement on behalf of the Agency. ADOPTED this 4ay of 1989. Chairman, La Quinta Redevelopment Agency ATTEST: ClerZ, La Quinta Redevelopment Agency I hereby certify that the foregoing Resolution was duly and regulaZly adopted by the La Quinta Redevelopment Agency at a regular meeting thereof held on the day of 1989, by the following vote: AYES NOES: ABSENT.. ABSTAIN: Clerk, La Quinta Redevelopment Agency RESO NO. 06/13/89 4977h/2338/07 2- BIB] 03-04-1997-U01 02:29:39PM-U01 RDARES-U02 89-U02 22-U02 M SUPPLEMENTAL COOPERATION AGREEMENT TZI5 SUPPLEMENTAL AGREEMENT is entered into as of the 21 day of NpvZmber 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 sea.), has activated the Agency and declared itself to ZonsZitute 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 thZ 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 ZZan the Redevelopment Zlan) for Project Area No. 1 the Project"), including materials referenced therein, enumerates certain public improvements which may be provided or Zontributed 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 and to clarify responsibilities as to the Improvements as defined herein, and F. WHEREAS, the Agency has determined that the provision *Zf publiZ improvements, as more particularly described in Exhibit A.' hereto the Improvements") will be of benefit to the project area and the immediate neighborhood in which the project area is located; and BIB] 03-04-1997-U01 02:29:39PM-U01 RDARES-U02 89-U02 22-U02 M G. WHZZEAS, arrangements for the Improvements are more particularly described in the Implementing Agreements", which are attached hereto as Zxhioit Z" and incorporated herein by reference; and M. WMEREAS, the conZtruction of the Improvements is a costly undertaking requiring the financial support or the Agency; and I. WHEREAS, no other reasonable means of financing such IZprovements 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 Irnprovements, 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 Agreernent. 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 or- other indebtedness incurred by the Agency in carrying OutZthe redevelopment project. The costs Cf the City under this Agreement will be shown on statements submitted to the Agency purZuant 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 Zuch advance. Section 4. The obligations of the Agency under this Agreement shall constitute an indebtedness of the Agency wit.Zifl he meaning of Section 33670, et Z. or the Community Redevelopment Law, to be repaid to the City by the Agency. 06/13/89 497Bn/2338/07 BIB] 03-04-1997-U01 02:29:39PM-U01 RDARES-U02 89-U02 22-U02 M Section 5. This Agreement shall not modify, amend ar otherwise arfect any ather outstandiZZ aZreement between the Agency and the City. IN WITNESS WHEZEOF, the parties have executed tZjs AoreeZent as of the date first aZove written. ATTZST: CITY QF LA QUINTA By_____________________________ City Clerk Mayo r CITY" ATTEST: LA QUINTA REDEVELOPMENT AGENCY Ey___________________________ AZency Clerk Chairman AGENCY" 06/12/89 497Zn/2338/O7 BIB] 03-04-1997-U01 02:29:39PM-U01 RDARES-U02 89-U02 22-U02 M EXHIBIT A' PrQPOS,d P ublIc Improvem,nt end ZecIIWes PrnJects LA QUINTA REDEVELOPMENT AGENCY Flood control Impeavumenta arid facilitle:, COri.istInQ of the following components: 1. West OralnaZe System 2. East Dralnig. Sy.tem 3. Cove Reiervatr 4, other SZpZrtlng Faclifties BIB] 03-04-1997-U01 02:29:39PM-U01 RDARES-U02 89-U02 22-U02 M EXHIBIT *ZBZ' IMPLZMENTING AGREEMENTS FOR COVE IMPROVEMENTS LA QUINTA REDEVELOPMENT AGENCY. 1. Contract Azreement for Construction labeled B.1 with Massev Sand and Rock CornZany. 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] 03-04-1997-U01 02:29:39PM-U01 RDARES-U02 89-U02 22-U02