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HomeMy WebLinkAboutCOMMUNITY REDEVELOPMENT AGENCY 4 - 2006 INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: lb (t te 10(0 A-2006-273 D' ttA ~) (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 1 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 ~~fvJy Patricia E. Healy Clerk of the Council City Manager 2 ATTEST: ,&;3 Patricia E. Healy Secretary .... v APPROVED AS TO FORM: of COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA by vrt fvr\~14 ~ ~tephen G. ding Executive Director 3