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Home My WebLink About1974-07 CRA ~. , \~ RESOLUTION NO. 74-7 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING COOPERATION AGREEMENT BETWEEN THE AGENCY AND THE CITY OF SANTA ANA; AUTHORIZING THE CHAIRMAN TO EXECUTE SAID AGREEMENT; AND DETERMINING CER- TAIN PUBLIC FACILITIES AND IMPROVEMENTS TO BE . OF BENEFIT TO THE CITY OF SANTA ANA REDEVELOP- MENT PROJECT AREA . WHEREAS, the Agency desires to enter into a Cooperation Agreement with 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 Redevelopme~t Project Area; and WHEREAS, California Health and Safety Code Section 33445 requires the Agency to determine the issue of benefit to the Redevelopment Project Area prior to making said payments; 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 Community Redevelop- ment Agency 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 of Santa Ana are of benefit to the City of Santa Ana Redevelopment Project Area and that the value of the land for and the cost of installation and construc- tion df said buildings, facilities, structures and other improve- ments 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 ~ooperation Agreement For the Construction of Public Improvements - City of Santa Ana Redevelopment Prdject" attached hereto, labelled Exhibit "A" and incorporated herein by this reference, is hereby approved and the Chairman is hereby authorized to execute said Agreement on behalf of the Agency. . APPROVED AND ADOPTED this 20th day of May 1974. ChaHman APPROVED AS TO LEGAL FORM: Cref! ./¡ -. .' . . AGENCY RESOLUTION NO. PAGE TWO 74-7 I hereby certify that the foregoingresolution was duly adopted by the Community Redevelopment Agency of the City of Santa Ana, California, at an adjourned regular meeting thereof. held on the 20th day of May, 1974, by the following vote, to wit:- AYES, NOES, Yamamoto, Garthe, Patterson Evans, Ward, Griset None Members: Members: ABSENT, Markel Members: ATTEST: ~~~Î~~~~~ Florence. Malone, Recording Secretary , ' , c8 \-" ~ '. COOPERATION AGREEMENT, FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS CITY OF SANTA ANA REDEVELOPMENT BY AND BETWEEN CITY OF SANTA ANA AND THE COMMUNITY REDEVELOPMENT AGENCY CITY OF SANTA ANA PROJECT OF THE THIS AGREEMENT entered into this 20th day of May 1974. by and between COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, 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 execution 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 Plan was adopted on July 2, 1973, by Ordinance No. NS-1173 of the City Council of the City of Sa~ta Ana; 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 t~4 -1 . . . i, '. D. City proposes to pay for said street improvements on condition that Agency reimburse City for its costs. NOW, THEREFORE. the parties hereto do mutually agree as follows: I. SCOPE OF SERVICES [§100J A, Public Improvement Work [§101 J City shall cause to be designed, constructed and installed the following street, utility, and other public improvements in a satisfactory and proper mann~r pursuant to plans and speci- fications to be prepared by City and submitted to Agency for its approval: 1. 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 construc~ion and installation. B. [§102] Right of Way Acquisition City shall acquire all land rights-of-way necessary for the street widening work listed above in Section 101. II. [§200J TIME OF PERFORMANCE The services required pursuant to Section 101 through 102 shall commence upon execution of this Agreement by City and shall be diligently prosecuted by City. -2- tve A ,1 " ~ '. III. [§3Q01 COMPENSATION AND METHOD OF PAYMENT A. [§3011 Compensation Agency shall pay City for the actual as-built costs incurred by City on and after August.2, 1973, for the public i.provement work set forth in Section 100 through 102 together with interest at the rate of Seven Percent (7%) per annum cal- . culated frQm the time of City's payment of such costs, City's preparation of plans and specifications and'performance of all City supervisory and engineering wDrk 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. [§3021 Maximum Compensation The tota 1 compensa t i on for a 11 work ,performed' hereunder shall ,not exceed the sum of One. Million ($1,000,000.00) Dollars without further Agency approval. C. [§3031 Method of Payment It is anticipated that the Agency shall sell tax allo- cation bonds secured by tax'inçrements accruing to Agency pursuant to the Redevelopment Plan for the Project in accordance with Sections 33670-33674 of the California Health and Safety Code and Section 19, Article XIII of the California Constitution, Upon the sale of said tax allocation bonds, City shall -3- . cJ-f't/f '1" . . ~ " submit a billing to the Agency for payment for services per- formed and costs incurred to that date, together with a certi- fication of costs showing the cost to City based on: (1) City's payment(s) to the contractor(s) who perform(s) the work; (2 ) (3) City's design and supervision cOsts; City's right-of-way acquisition costs, if applicable; and (4) Accrued interest. Thereafter, billings shall be submitted to Agency on a monthly basis for services performed and costs incurred during the previous month together with such certification of costs for the previous month. Agency shall pay City billings within ten (10) years of the date of each 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. [§3O4] 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 the 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- e)¡¿~~;f ',' :.. \.. '- . . ~l IV. LIABILITY AND INDEMNIFICATION [§400] 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 definéd 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 Californià Civil Code are made a part hereof as if fully set forth herein. IN WITNESS WHEREOF, the parties have executed the Agreement as of the date first set out herein. CITY OF SANTA A~A By ATTEST: ~b~ -- <¿ ~r ~ø.L---L - ~ity Clerk -5- ê.,~ --I( '.' C" , t " '. " . " 8' ... APPROVED AS TO FORM: í~A- James W~thers City Attorney COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVED: Eugene B. Jacobs Agency Counsel ~i1l~:1'?I-f-1 0 I(~ Murray 6. Kane ATTEST: 8 ~).(JÞ ~ Florence I. Malone, Executive Secretary 1 - 6 - . ~¡fL~ <f