HomeMy WebLinkAboutCOMMUNITY REDEVELOPMENT AGENCY 6 - 2007
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HOTEL TERRACE
PUBLIC IMPROVEMENTS
COOPERATION AGREEMENT
THIS AGREEMENT is entered into this ~ day of K ja f1 ua~ ' 2001, by and
between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY F 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").
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
rehabilitation of public improvements Projects which, in this case, will consist of the street
resurfacing and maintenance of Hotel Terrace Way (Project #07-8055). Such work will be referred
to hereinafter as "Publicly Owned Improvements" in connection with the Agency's redevelopment
activities.
C. The Agency is willing in connection with the provision of such Publicly Owned
Improvements by the City, to pay for the initial rehabilitation of such Publicly Owned
Improvements.
D. The City has initially paid or will initially pay for said Publicly Owned
Improvements on the condition that the Agency contribute to the costs of such rehabilitation work
on the 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 rehabilitated 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 $400,000.00, with the breakdown of costs as shown in Exhibit A attached
hereto and incorporated herein..
2. COMPENSATION AND METHOD OF PAYMENT
The Agency shall pay the City the actual cost incurred by the City for the Publicly Owned
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Improvement rehabilitation work set forth in Section 1. 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 to the City for such improvement work shall bear interest at the
rate of the average City return on investment, as the same may change from time to time. Except as
may be otherwise provided (I) 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 for the City to complete the work and for
the Agency to pay the City in full. This Agreement shall apply to all activities carried out by the
City as set forth in Section I hereto.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ArrEST: /
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Patricia E.Healy ;.
Clerk of the Council
CITY OF SANTA ANA
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-V DavidN.Ream \ 'V_
City Manager
ATTEST:
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA
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Executive Director
Patricia E. Healy
Secretary
APPROVED AS TO FORM:
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firJoseph W. Fletcher
City Attorney
Agency Counsel
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EXHIBIT A
Hotel Terrace Rehabilitation
Bid Results
$ 54.75 $ 37,777.50
$ 78.00 $171,600.00
$ 0.22 $ 10,838.75
$ 1.30 $ 6,26600
$ 325.00 $ 2,925.00
$ 600.00 $ 6,000.00
$ 220.00 $ 2,640.00
$ 7,700.00 $ 7,700.00