HomeMy WebLinkAboutCOMMUNITY REDEVELOPMENT AGENCY 4 - 2006
INSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
DATE: lb (t te 10(0
A-2006-273
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(n, ~\ THIS AGREEMENT is entered into this 18th day of September, 2006, by and between the
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body
corporate and politic (the "Agency"), and the CITY OF SANTA ANA, a charter city and municipal
corporation duly organized and existing under the Constitution and laws of the State of California
(the "City").
AUTO MALL PUBLIC IMPROVEMENTS
COOPERATION AGREEMENT
WITNESSETH
A. The Agency is undertaking certain activities necessary for the execution of the City
of Santa Ana redevelopment projects (the "Projects") under the provisions of the California
Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) and pursuant to
the redevelopment plans for the Projects.
B. The Agency desires to contract with the City for the City to provide for the
installation and construction in the project areas of the Projects of public improvements to the
streets, right-of-way and ancillary landscaping in the Santa Ana Auto Mall (collectively referred to
hereinafter as "Publicly Owned Improvements"), in connection with the Agency's activities in
carrying out the Projects.
C. The Agency is willing in connection with the provision of such Publicly Owned
Improvements by the City, to pay all or part of the value of the land for and/or the cost of the
installation and construction of such Publicly Owned Improvements.
D. The City has initially paid or will initially pay for said Publicly Owned
Improvements on condition that the Agency contribute to the costs of said Publicly Owned
Improvements.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF WORK
The City has caused or shall cause to be designed, installed and constructed, the Publicly
Owned Improvements in a satisfactory and proper manner pursuant to plans and specifications to be
prepared by the City in an amount not to exceed $314,000.00 or that greater amount subsequently
approved by the Agency.
2. COMPENSATION AND METHOD OF PAYMENT
The Agency shall pay the City the cost incurred by the City for the improvement works set
forth in Section I. From the time the City incurs the cost of any particular improvement work
subject to this Agreement to the time the Agency reimburses the City for that cost, the amount due
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to the City for such improvement work shall bear interest at the rate ofthe average City return on
investment, as the same may change from time to time. Except as may be otherwise provided (1)
by separate agreement between the City and the Agency, or (2) by budget appropriations or
appropriation adjustments approved by the City and the Agency, the amount to be paid by the
Agency hereunder shall be paid in the same fiscal year as the year in which the debts are incurred by
the City.
3. RESERVED.
4. RESERVED.
5. 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 entities
being parties to an agreement as defined by Section 895 of said Code, the parties hereto, as between
themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will
each assume the full liability imposed 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 above-stated 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 Civil Code are made
a part hereof as if fully set forth herein.
6. EFFECTIVE DATE OF AGREEMENT
This Agreement shall take effect from and after the date of adoption and approval by the
City and the Agency pursuant to official action of the governing bodies thereof and shall be
effective for a duration not to exceed the time necessary to pay the City in full. This Agreement
shall apply to all activities carried out by the City as set forth in Section 1 hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
CITY OF SANTA ANA
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Patricia E. Healy
Clerk of the Council
City Manager
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ATTEST:
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Patricia E. Healy
Secretary
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APPROVED AS TO FORM:
of
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA
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~tephen G. ding
Executive Director
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