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Home My WebLink About74-062RESOLUTION NO. 74-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING COOPERATION AGREEMENT BETWEEN THE CITY AND THE COMMUNITY REDEVELOP- MENT AGENCY OF THE CITY OF SANTA ANA; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; DETERMINING CERTAIN PUBLIC FACILITIES AND IMPROVEMENTS TO BE OF BENEFIT TO THE CITY OF SANTA ANA COMMUNITY REDEVELOPMENT PROJECT AREA; AND CONSENTING TO REDEVELOPMENT AGENCY PAYMENTS TO THE CITY AS REIMBURSEMENT FOR THE COST OF SAID IMPROVEMENTS WHEREAS, the City desires to enter into a Cooperation Agreement with the Community Redevelopment Agency of the City of Santa Ana regarding payment to the City as reimbursement for all or part of the value of the land for and the cost of certain public improvements of benefit to the City of Santa Ana Redevelopment Project Area; and WHEREAS, California Health and Safety Code Section 33445 requires the City Council to consent to said payments and to determine the issue of benefit to the Redevelopment Project Area prior to said payments being made by the Agency; and WHEREAS, the value of such land and the cost of said public improvements has been, or will be, paid for initially by the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: 1. It is hereby determined that the following buildings, facilities, structures and other improvements installed, con- structed and owned by the City are of benefit to the City of Santa Ana Redevelopment Project Area and that the value of the land for and the cost of the installation and construction of said buildings, facilities, structures and other improvements is at least the sum of $1,000,000.00. Civic Center Drive, Birch to Minter, Project 1346. Widen both sides, including property acquisition and street resurfacing, installation of concrete curbs, gutters and sidewalks, and all other costs incurred by the City incidental to such construction and installation. 2. The City Council hereby consents to and approves pay- ment from said Redevelopment Agency to the City as reimbursement to the City for all or part of the value of the land for and the cost of the installation and construction of the above-listed improvements. 3. The "Cooperation Agreement For the Construction of Public Improvements - City of Santa Ana Redevelopment Project", attached hereto, labelled Exhibit "A" and incorporated herein by this reference, is hereby approved and the Mayor is hereby authorized to execute said Agreement on behalf of the City. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 20thday of May , 1974. CLE.K OF T.E RESOLUTION NO. 74-62 PAGE TWO STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss.: CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Resolution was introduced to said Council at its regular meeting held on the 20thday of May , 1974, and was at said meeting passed and adopted by the following vote, to wit: AYES, NOES, ABSENT, Councilmen: Griset, Yamamoto, Patterson, Ward Councilmen: Evans, Markel Councilmen: None Garthe, - CLERK OF THE COUNCIL APPROVED AS TO FORM: 3/88 DUE TO POOR C6NDITION ORIGINAL DESTROYED COOPERATION AGREEMENT· FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS CITY OF SANTA ANA REDEVELOPMENT PROJECT BY AND BETWEEN CITY OF SANTA ANA AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA THIS AGREEMENT entered into this 20th day of May , 1974, by and between COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA AriA, a public body corporate and politic (the "Agency"), and the CITY OF SANTA ANA, a municipal corporation, {the "City"), with reference to the following: A. Agency is undertaking certain activities necessary for the e~ecution of the City of Santa Ana Redevelopment Project {the "Project") under the provisions of the California Community Redevelopment LaW and pursuant to the Redevelopment Plan for the Project., which Redevelopment ~lan was adopted on July 2, 1973, by Ordinance No. NS-1173 of the City Council of the City of Santa Aha; B. Agency desires to contract with City to perform certain street and utility and other public improvements described herein in connection with the Project; C.' Agency and City Council have determined that said street and utility and other public improvements described in this Agreement are of benefit to the Project; EXHIBIT A D. City proposes to pay for said on condition that Agency reimburse City for NOW, THEREFORE, the parties hereto do as follows: street improvements its costs. mutually agree I. [§100] SCOPE OF SERVICES A. [§101] Public Improvement Work City shall cause to be designed, constructed and installed the following street, utility, and other public improvements in a satisfactory and proper manner pursuant to plans and speci- fications to be prepared by City and submitted to Agency for its approval: 1. Civ. ic Center Drive, Birc.h to Minter, Project 1346. Widen both sides, including property acquisition and street resurfacing, installation of concrete curh~, gutters and sidewalks, and all other costs incurred by the City incidental to such construction and installatio.n. B.[S102] Right of Way Acquisition City shall acquire all land rights-of-way necessary for the street widening work listed above in Section 101. II. [§200] TIME OF PERFORMANCE The services shall commence upon shall be diligently required pursuant to Section 101 through 102 execution of this Agreement by City and prosecuted by City. -2- III. [S3001 COMPENSATION AND METHOD OF PAYMENT A. [$301] Compensation Agency shall pay City for the actual as-built costs incurred by City'on and after August 2, 1973, for the public improvement work set forth in Section 100 t~rough 102 together with interest at the rate of Seven Percent {7~) per annum cal- culated from the time of City's payment of such costs. 'City's preparation of plans and specifications and'performance of all City supervisory and engineering work shall be reimbursed by Agency at'City's actual costs including payroll costs, material, travel, and other related expenses, together with interest at the rate of Seven Percent {7%) from the time of City's accrual of such City staff costs, or the effective date of this Agreement which- ever occurs last. B. [$302] Maximum.Compensation . The total compensation for all work performed hereunder shall not exceed the sum of One Million .($1,000.,0p0,00) Dollars without further Agency approval. C. [S303] Method of Payment It is anticipated that the Agency shall sell tax allo- cation bonds secured by tax increments accruing to Agency pursuant to the Redevelopment Plan for the Project in accordance with Sections 33670-33674 of the California Health and ~afety Code and Section [9, Article XIII of the California Constitution. Upon the sale of said tax allocation bonds, City shall -3- submit a billing to the Agency for payment for services formed and costs incurred to that dat~, together with a fication of costs showing the cost to City based on: (1) City's payment(s) to the contractor(s) the work; (2) City's design and supervision costs; (3) City's right-of-way acquisition costs, and (4) Accrued interest. Thereafter, monthly basis for billings services shall be submitted performed and costs the previous the pre~ious month. Agency shall of the date of each per- certi- who perform(s) if applicable; to Agency on a incurred during month together with such certification of costs for pay City billings within ten (10) years billing or within such extension of said ten year period as are mutually agreed to by Agency and City. Agency shall pay City from any funds which are legally available to Agency therefor, including the proceeds of said bond issue or issues. D. [§304] Subordination of City Indebtedness It is hereby agreed that the Agency may pledge and secure tax increments that accrue to the Agency as may be necessary to enable the Agency to sell said tax allocation bonds, and that the indebtedness of th~ Agency to the.City created by this Agree- ment is subordinate to any such first pledge of tax increments to the bondholders of said bond issue or issues. -4- IV. [S400] LIABILITY AND INDEMNIFICATION In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entitie~ being parties to an agreement as defined by Section 895 of said Code, the parties hereto, as between them- selves, pursuant tO the authorization contained in Section 895.4 and 895.6'of said Code, will each assume the full liability im- posed upon it, or any of its officers, agents or employees by law for injury caused by negligent or wrongful act or omission occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2 Of said Code. To achieve the abovestated purpose each party indemnifies and holds harmless the other party for any loss, costs or expense that may be imposed upon such other party solely by virtue of said Section 895.2 The provisions of Section 2778 of the California as if fully set forth herein. IN WITNESS WHEREOF, the Agreement as of the date first Civil Code are made a part hereof parties have executed the set out herein. CITY~.iA, NTA ANA ~y ~ Mayor ATTEST: City Clerk -5- APPROVED AS TO FORM: AP P ROVED: Eugene B. Jacobs Agency Counsel COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA Murray ATTEST~ Kane Richard Go~llrsch,/~xecutive Director Florence I. Malone, Executive Secre~ =y