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Home My WebLink AboutRES CC 1995 1101 1995 0221RESOLUTION NO. 95 --1101 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK RESCINDING RESOLUTION NO. 94 -1028 AND 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 18, 1987, 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 sea.), has activated the Agency and has declared itself to constitute the Agency; and WHEREAS, by Ordinance No. 110 adopted on July 5, 1989 the City Council approved the Redevelopment Plan for the Moorpark Redevelopment Agency; and WHEREAS, in the furtherance of the Project, the Agency and the City desire to enter into an agreement in the form submitted herewith (the "Cooperation Agreement ") pursuant to which the City shall construct, or cause to be constructed, a block wall on the south side of the Metrolink Station to serve the Project Area (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; WHEREAS, the City Council desires to rescind Resolution No. 94 -1028 in order to amend the Cooperation Agreement to reflect the Project costs. 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 hereby rescinds Resolution No. 94 -1028 for the purpose of amending the previously approved Cooperation Agreement. Section 3. The City Council approves the Agreement as amended and authorizes the City Manager to execute the Agreement on behalf of the City of Moorpark. PASSED, APPROVED AND ADOPTED this 2lstday of February, 1994. ATTEST: B 111ian Hare, City Clerk City Clerk 3GH \COOP -04- 01/31/95 By Paul W. rason Jr. Mayor PUBLIC WORKS COOPERATION AGREEMENT THIS AGREEMENT is entered into as of the /S day of 1995, by and between the CITY OF MOORPARK (the "City") and the MOORPARK REDEVELOPMENT AGENCY (the "Agency") . 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 2 0000 " 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 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. 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 3 . 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 3 09008 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 4. 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. MOORPARK REDEVELOPMENT AGENCY CITY OF MOORPARK By: i1 Y l �,�t1'LG�.-� By: ir Paul W. L ason Jr. Steven Kueny Chairman Manager ATTEST: B . /�� illian an Har Date: Agency Secretary 4 00009. EXHIBIT "A" PROJECT DESCRIPTION TDA MRA TOTAL CITY PROJECT FUNDS FUNDS COST Dorothy Block Wall $15, 000 $15,000 $30,000 5 00010 MOORPARK 1 799 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. 95 -1101 was adopted by the City Council of the City of Moorpark at a meeting held on the 15th day of February , 1995, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS MONTGOMERY, PEREZ, WOZNIAK, AND MAYOR LAWRASON NOES: NONE ABSENT: COUNCILMEMBER HUNTER ABSTAIN: NONE WITNESS my hand and the official seal of said City this 21st day of February , 1995. X 000, Li-kfian E. Hare City Clerk PAUL W. LAWRASON JR. BERNARDO M. PEREZ PATRICK HUNTER SCOTT MONTGOMERY JOHN E. WOZNIAK Mayor Mayor Pro Tern Councilmember Councilmember Councilmember