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Home My WebLink AboutRES CC 1993 973 1993 0922RESOLUTION NO.93 -913 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATION AGREEMENT BY AND BETWEEN THE MOORPARK REDEVELOPMENT AGENCY AND THE CITY OF MOORPARK WHEREAS, by Ordinance No. 87 adopted on March 23, 1981, the City Council of the City of Moorpark acting pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seg.), has activated the Agency and has declared itself to constitute the Agency; and WHEREAS, pursuant to the Community Redevelopment Law, the Agency is performing a public function of the City and may have access to services and facilities of the City; and WHEREAS, the City and the Agency has undertaken proceedings for the adoption of The Moorpark Redevelopment plans in the City, and the City and the Agency desire to enter into a Cooperation Agreement (the "Cooperation Agreement ") in order to: A. Set forth activities, services and facilities which the City will render for and make available to the Agency in furtherance of the activities and functions of the Agency under the Community Redevelopment Law; and B. Provide that the Agency will reimburse the City for actions undertaken and costs and expenses incurred by it for and on behalf of the Agency; NOW, THEREFORE, the City Council of the City of Moorpark does resolve as follows: Section 1. The Cooperation Agreement, in the form attached to this resolution and incorporated herein by reference, is hereby approved, and the City Manager is hereby directed and authorized to execute said Cooperation Agreement on behalf of the City. Section 2. The City Council hereby appropriates, and directs and authorizes the Finance Director of the City to establish a budget encumbrance for the City's obligations under the Cooperation Agreement in the amount of $2,114,050.00, as shown in Exhibit "A" attached. PASSED, APPROVED and ADOPTED this: 22nd` day of SEPTEMBER ATTEST: MRA /LAW021 /MIS /09/09/93 1993. Paul W. Lawrason Jr., ayor EXHIBIT "A" CITY OF MOORPARK LOANS TO THE MOORPARK REDEVELOPMENT AGENCY The following are funds in the form of loans allocated to the Moorpark Redevelopment Agency from the City of Moorpark: DATE PURPOSE - CITY /AGENCY SHARE PURPOSE 09/08/93 AMOUNT 08/26/87 Consulting Services $ 55,000.00 07/01/88 Legal and Consulting Services $ 13,000.00 10/18/89 Legal and Consulting Services $ 70,000.00 01/10/90 Legal Services $ 15,000.00 06/15/90 Legal Services $ 30,000.00 01/16/91 Legal Services $ 50,000.00 06/30/92 Legal Services, Land Acquisition and improvements $1,851,000.00 Sub -Total ADDITIONAL FUNDING 2,084,000.00 DATE PURPOSE - CITY /AGENCY SHARE AGENCY AMOUNT 09/08/93 Aerial Photographic Services City $8,400.00 /Agency $1,600.00 $ 1,600.00 08/18/93 Computer Hardware City $8,600.00 /Agency $2,950.00 $ 2,950.00 08/18/93 Master Storm Drain Study City $59,000.00 /Agency $20,000.00 $ 20,000.00 09/08/93 Independent Audit Service KPMG - Peat Marwick City $5,500 /Agency $5,500 $ 5,500.00 Sub -Total 30,050.00 Total $2,114,050.00 COOPERATION AGREEMENT THIS COOPERATION AGREEMENT is entered into this , 1993, by and between the CITY OF MOORPARK and the MOORPARK REDEVELOPMENT AGENCY (the "Agency ") . day of (the "City ") A. WHEREAS, the City has previously activated the Agency upon completion of appropriate legal proceedings therefor. The Agency is proceeding to implement the Redevelopment Plan for the Moorpark Redevelopment Project (the "Project ") ; and B. WHEREAS, the Community Redevelopment Law authorizes redevelopment agencies to enter into contracts for the reimbursement of the costs for activities relating to enactment of the Redevelopment Agency and the adoption of a redevelopment plan and for certain public improvements enumerated in the Redevelopment plan upon making findings that: (i) the acquisition of land is in accordance with and will further the adopted redevelopment plan, (ii) the building, facilities, structures or other improvements are of benefit to the project area or the immediate neighborhood in which the project is located, and (iii) that no other reasonable means of financing such acquisition, buildings, facilities, structures, or other improvements are available to the community; NOW, THEREFORE, the City and the Agency agree as follows: Section 1. City agrees to provide for Agency such staff assistance, supplies, technical services and other services and facilities of City as Agency may require in exercising functions under the California Community Redevelopment Law. Such assistance and services may include but not be limited to the services of employees and consultants. Section 2. City may, but is not required to, advance necessary funds to Agency or to expend funds on behalf of Agency for the preparation and implementation of a redevelopment plan including, but not limited to, the costs of surveys, planning, studies and environmental assessments for the adoption of redevelopment plan, the costs of acquisition of property within the project area, acquisitioning and the demolition and clearance of properties acquired, building and site preparations, public improvements and relocation assistance to displaced residential and non - residential occupants as required by law. Section 3. City will keep records of fees deferred and activities and services undertaken pursuant to this Agreement and costs thereof in order that an accurate record of Agency's liability to City can be ascertained. City shall periodically, but not more frequently than annually, submit to Agency a statement of the costs incurred by City in performing pursuant to this Agreement. Such statement of costs may include a pro rata share of expense attributable to the use of City employees and departments where directly related to the purposes of the Agency and allowable pursuant to Sections 33678 and 33679 of the California Health and Safety Code. Section 4. Agency agrees to reimburse City for all costs incurred for services by City pursuant to this Agreement and other indebtedness of Agency to City from and to the extent that funds are available to Agency for such purpose pursuant to California Health and Safety Code Section 33670 or from other sources; provided, however, that Agency shall have the sole and exclusive right to pledge any such sources of funds to the repayment of other indebtedness incurred by Agency in carrying out the redevelopment project. The costs and deferrals of City under this Agreement will be shown on statements submitted to Agency pursuant to Section 3 above. Although the parties recognize that payment may not occur for a few years and that repayment may also occur over a period of time, it is the expressed intent of the parties that City shall be entitled to repayment of the expenses incurred by City under this Agreement, consistent with Agency's financial ability, in order to make City whole as soon as practically possible. Section S. The obligations of Agency under this Agreement shall constitute an indebtedness of Agency within the meaning of California Community Redevelopment Law Sections 33670 et sea., to be repaid to City by Agency with interest at the lesser of ten percent (10 %) per annum or the maximum rate allowed by law. Section 6. The obligation of the Agency under this agreement at the time of execution by the City of Moorpark and the Moorpark Redevelopment Agency is attached as Exhibit "A ". IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF MOORPARK By: -- -... Steven Kueny, City Manager ATTEST: Lillian Hare, City Clerk MOORPARK REDEVELOPMENT AGENCY Paul W. Lawrason Jr., Chairman ATTEST: Lillian Hare, Agency Secretary MRA /LAW023 /MZS/09/09/93 2 EXHIBIT "A" CITY OF MOORPARK LOANS TO THE MOORPARK REDEVELOPMENT AGENCY The following are funds in the form of loans allocated to the Moorpark Redevelopment Agency from the City of Moorpark: DATE PURPOSE AMOUNT 08/26/87 Consulting Services $ 55,000.00 07/01/88 Legal and Consulting Services $ 13,000.00 10/18/89 Legal and Consulting Services $ 70,000.00 01/10/90 Legal Services $ 15,000.00 06/15/90 Legal Services $ 30,000.00 01/16/91 Legal Services $ 50,000.00 06/30/92 Legal Services, Land Acquisition and Improvements $1,851,000.00 Sub -Total 2,084,000.00 ADDITIONAL FUNDING DATE PURPOSE - CITY /AGENCY SHARE AGENCY AMOUNT 09/08/93 Aerial Photographic Services City $8,400.00 /Agency $1,600.00 $ 1,600.00 08/18/93 Computer Hardware City $8,600.00 /Agen(;y $2,950.00 $ 2,950.00 08/18/93 Master Storm Drain study City $59,000.00 /Agency $20,000.00 $ 20,000.00 09/08/93 Independent Audit service KPMG - Peat MarwicY City $5,500 /Agency `.5,-)00 $ 5,500.00 Sub -Total 30,050.00 Total $2,114,050.00 for-r . MOORPARK 799 Moorpark Avenue Moorpark, California 93021 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) (805) 529.6864 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 -973 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 IAWRASON JR Mayor WITNESS my hand and the official seal of said City 23rd day of SEPTEMBER _ , 1993. Lillian E. Hare City Clerk SCOTT MONTGOMERY PAT RICK HUNT[-R BERNARDO M PFRFI JOHN L WOZNIAF Mayor Pro Tem Coun-Imember Counalmemb,q Co tin (A trn en) be,