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HomeMy WebLinkAboutCOMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA (2)-2008A-2008-166 S S- ~G~i`j ~~ (smell COOPERATIVE AGREEMENT FOR OFFICE MODIFICATIONS AT THE DEPOT THIS AGREEMENT is entered into this 2"d day of June, 2008, 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"). 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 Cade 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 construction and rehabilitation of public improvements projects which, in this case, will consist of the remodeling of two offices at The Depot. The work will inciude expansion of the Depot Management Office. The office remodel will include structural, electrical and air conditioning modifications. 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 a portion of the total rehabilitation costs 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: SCOPE OF WORK The City will be contracting with the lowest and best bidder to perform the office modifications to two offices pursuant to plans and specifications to be prepared by the City. The project includes demolition of the existing dividing walls, as well as construction of two new dividing walls. The remodel will also entail modifications to the existing air conditioning system and will require new electrical switches, relocation of light fixtures, and new telephone boxes to accommodate the office modifications. The Agency shall contribute to the rehabilitation of the Publicly Owned Improvements in an amount not to exceed Sixty Nine Thousand One Hundred Dollars ($69,100.00). 2. COMPENSATION AND METHOD OF PAYMENT The Agency shall pay the City the actual cost incurred by the City for the Publicly Owned Improvement rehabilitation work set forth in Section 1. The amount to be paid by the Agency hereunder shall be paid in the same fiscal yeaz as the year in which the debts are incurred by the City. 3. LIABILITY AND INDEMNIFICATION In contemplation of the provisions of Section 895.2 of the Government Code of the State of Califomia 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 bylaw 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 Califomia Civil Code aze made apart hereof as if fully set forth herein. 4. EFFECTNE 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 1 hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: _. Patricia E. Healy Clerk of the Council CITY OF SANTA ANA David N. Ream City Manager ATTEST: Patricia E. Healy ,Secretary APPROVED AS TO FORM: Joseph W. Fletcher City Attorney/Agency General Counsel k~ ~ f. ; By: Lisa E. Storck Assistant City Attorney/Assistant Counsel COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA by ! l ~~ Nancy T. Ed ds Acting Executive Director