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Home My WebLink AboutRES CC 1993 972 1993 0922RESOLUTION NO. 93-972 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE PUBLIC WORKS COOPERATION AGREEMENTS BY AND BETWEEN THE CITY OF MOORPARK AND THE MOORPARK REDEVELOPMENT AGENCY RELATING TO PUBLIC IMPROVEMENTS IN THE MOORPARK REDEVELOPMENT PROJECT AREA AND PUBLIC IMPROVEMENTS OUTSIDE THE PROJECT AREA THAT PROVIDE BENEFIT TO THE PROJECT AREA WHEREAS, by Ordinance No. 110 adopted on July 6, 1989, the City Council of the City of Moorpark adopted and approved a certain Redevelopment Plan (the "Redevelopment Plan ") for the Moorpark Redevelopment Project (the "Project "); and WHEREAS, pursuant to the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et sect), the Moorpark Redevelopment Agency (the "Agency ") is carrying out the Redevelopment Plan for the Project in the Redevelopment Project Area (the "Project Area "); and WHEREAS, in furtherance of the Project, the Agency and the City desire to enter into an agreement in the form submitted herewith (the "Agreement ") pursuant to which the City will install and construct certain street, utility and other public improvements and facilities to serve the Project (the "Improvements ") as described in Exhibit "A" attached to said Agreement, and the Agency will pay the City for all costs of such Improvements by periodic payments over a period of years; NOW, THEREFORE, the City Council of the City of Moorpark does hereby resolve as follows: Section 1. The City Council hereby determines that the Improvements are of benefit to the Project Area and hereby consents to the undertaking of construction and installation of the Improvements in accordance with the Agreement, in the form attached to this resolution and incorporated herein by reference. Section 2. The City Council approves and authorizes the City Manager to execute the Agreement. PASSED, APPROVED and ADOPTED this 22nd day of SETEMBER 1993. Paul W. Latef ason Jr., yor ATTEST- �-� Lillian Hare`, City Cl MRA /LAW025 /MIS/09/09/93 PUBLIC WORKS COOPERATION AGREEMENT THIS AGREEMENT is entered into as of the 1993, by and between the CITY OF MOORPARK (the MOORPARK REDEVELOPMENT AGENCY (the "Agency ") . day of "City ") and the A. WHEREAS, the City Council of the City of Moorpark, acting pursuant to the provisions of the California Community Redevelopment Law (Health & Safety Code Section 33000 et sea.), has activated the Agency and declared itself to constitute the Agency; and B. WHEREAS, the Community Redevelopment Law authorizes redevelopment agencies to enter into contracts for the reimbursement of the costs of certain public improvements enumerated in redevelopment plans upon making findings that: (i) the buildings, facilities, structures or other improvements are of benefit to the project area or the immediate neighborhood in which the project is located, and (ii) that no other reasonable means of financing such buildings, facilities, structures, or other improvements, are available to the community; and C. WHEREAS, the Redevelopment Plan (the "Redevelopment Plan ") for the Moorpark Redevelopment Project (the "Project "), including materials referenced therein, enumerates certain public improvements which may be provided or contributed to by the Agency, including without limitation the provision of street improvement; and D. WHEREAS, the Agency and the City have been acting in accordance with a certain Cooperation Agreement previously adopted; and E. WHEREAS, this Agreement is intended to affirm the Cooperation Agreement and to clarify responsibilities as to the Improvements as defined herein, and F. WHEREAS, the Agency has determined that those certain improvements, as more particularly described in Exhibit "A" hereto (the "Improvements ") will be of benefit to the project area and the immediate neighborhood in which the project area is located; and G. WHEREAS, the construction of the Improvements is a costly undertaking requiring the financial support of the Agency; and H. WHEREAS, no other reasonable means of financing such Improvements are available; NOW THEREFORE, the City and the Agency agree as follows: Section 1. The City agrees to provide for the Agency the Improvements, and each of them, either as separate projects or otherwise. Agency shall be liable to City for any amounts expended by City hereunder, but City shall have no obligation to proceed with such Improvements prior to completion of all requisite public hearings, environmental reviews and compliance with all laws relative to authorization of any of the Improvements. Such assistance and services may include but not be limited to the services of officers and employees and special consultants. Section 2. The City will keep records of activities and services undertaken pursuant to this Agreement and the costs thereof in order that an accurate record of the Agency's liability to the City can be ascertained. The City shall periodically, but not less than annually, submit to the Agency a statement of the costs incurred by the City in rendering activities and services of the City to the Agency pursuant to this Agreement. Such statement of costs may include a proration of the City's administrative and salary expense attributable to services of City officials, employees and departments rendered for the Agency pursuant to this Agreement. Section 3. The Agency agrees to reimburse the City for all costs incurred for services by the City pursuant to this Agreement from and to the extent that funds are available from the Project to the Agency for such purpose pursuant to Section 33670 of the Health & Safety Code or from other sources that may lawfully be used for such repayment; provided, however, that the Agency shall have the sole and exclusive right to pledge any such sources of funds to the repayment of other indebtedness incurred by the Agency in carrying out the redevelopment project. The costs of the City under this Agreement will be shown on statements submitted to the Agency pursuant to Section 3 above. It is the expressed intent of the parties that the City shall be entitled to repayment of the expenses incurred by the City under this Agreement, consistent with the Agency's financial ability, in order to make the City whole as soon as practically possible. Section 4. The City agrees to include the Agency within the terms of the City's insurance policy if and to the extent such coverage is available. The Agency shall pay to the City its pro rata share of the costs of insurance applicable to its activities resulting from the Agency's inclusion in the City's policy. Section S. The obligation of the Agency under this Agreement shall constitute an indebtedness of the Agency within the meaning of Section 33670, et sea. of the Community Redevelopment Law, to be repaid to the City by the Agency with interest at the lesser of ten percent (10 %) per annum or the maximum rate allowed by law. Section 6. This Agreement shall not modify, amend or otherwise affect any other outstanding agreement between the Agency and the City. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. MRA /LAW024 /MIS/09/09/93 2 ATTEST: Lillian Hare, City Clerk ATTEST: Lillian Hare, Agency Secretary By: 3 CITY OF MOORPARK By: Steven Kueny, City Manager MOORPARK REDEVELOPMENT AGENCY Paul W. Lawrason Jr., Chairman EXHIBIT "A" MOORPARK REDEVELOPMENT AGENCY PUBLIC WORKS IMPROVEMENT PROJECTS ENTRY NO. PROJECT CITY /AGENCY SHARE AGENCY SHARE 1 High Street Furniture City $20,000.00 /Agency $20,000.00 $ 20,000.00 2 Flory Sidewalk City $31,000.00 /Agency $65,500.00 $ 65,500.00 3 High Street Alcove Park Agency $10,000.00 $ 10,000.00 Sub -Total 95,500.00 Total $ 95,500.00 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Lillian E.. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 93 -972 was adopted by the City Council of the city of Moorpark at a meeting held on the 22nd _ day of SEPTEMBER , 1993, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE this PAUL W. LAWRASON JR Mayor WITNESS my hand and the official seal of said City 23rd day of SEPTEMBER , 1993. "Lillian E. Hare City Clerk SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E. WOZNIAK Mayor Pro Tom Counalmember Counalmember Counalmember Piinfed on Re ycie0 Phi