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HomeMy WebLinkAboutRES CC 1997 1320 1997 0521RESOLUTION NO. 97 =1320 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 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 and relocate, or cause to be constructed and relocated, public improvements listed in Exhibit "A" attached to the Cooperation Agreement (the "Improvement "). 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 the Cooperation Agreement as Exhibit "A" and incorporated herein by reference. Section 2. The City Council approves the Agreement and authorizes the City Manager to execute the Agreement on behalf of the City of Moorpark. PASSED, APPROVED AND ADOPTED this lst_day of,, 1997. ATTEST: Byr' Lillian Hare City Clerk - 96HCOOP.008- 10/03/96 -May 8, 1997 By trick yor. PUBLIC WORKS COOPERATION AGREEMENT THIS AGREEMENT is entered into as of the�_dav of' �, 1997, 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 improvements; 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 the relocation of the telephone pedestal (the "Improvement ") will be of benefit to the project area and the immediate neighborhood in which the project. area is located; and 1. G. WHEREAS, the construction of the Improvement is a costly undertaking requiring the financial support of the Agency; and H. WHEREAS, no other reasonable means of financing such Improvement are available; NOW THEREFORE, the City and the Agency agree as follows: Section 1. The City agrees to provide for the Agency the Improvement. Agency shall be liable to City for any amounts expended by City hereunder, but City shall have no obligation to proceed with such Improvement prior to completion of all requisite public hearings, environmental reviews and compliance with all laws relative to authorization of any of the Improvement. 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, pt sea. of the Community Redevelopment Law, as shown in Exhibit "A" attached, 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. ;;PAARK RE L PMENT AGENCY CITY OF MOORPARK By: By : _ _- ick Hun r Steven Kueny C airman City Manager ATTEST: BY: By: Lillian Han Agency Sec r c'�IIFOa��P bf TY OF SGHCOOP.008- 05/07/97 -May ,6 1997 . 33 EXHIBIT "A" PUBLIC WORKS PROJECTS LIST Item No. Description Cost 1. Sidewalk Constructior: North /East /Corner of Charles Street and Walnut Street. $ 6,000.00 2. Relocate Telephone Pedestal on High Street. 1,492.00 3. Sidewalk Constructior South /West /Corner High Street and Spring Road. 1,342.00 4. Directional Signs for High Street 1,000.00 5. Alley ReconstructLon. 240,000.00 6. A/C overlay 122,000.00 7. Bonnie View, 60,000.00 8. Maureen Lane A/C overlay. 120,000.00 9. Moorpark Ave. Spring Rd.. storm drain 639,000.00 10. Poindexter Park Street. 300,000.00 11. Spring Road improvements. 30,000.00 12. valley Road. 100,000.00 13. Wicks Road A/C pavement. 99,000.00 4 Item No. 14. 15. 16. 17. EXHIBIT "A" PUBLIC WORKS PROJECTS LIST CONTINUED Description Cost Wicks Road slope. 30,000.00 Park Lane drainage. 75,000.00 Library Parking lot., 70,000.00 Library Parking for Senior Citizen Center. 27,500.00 Total: $1,900,334.00 5 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. 97 -1320 was adopted by the City Council of the City of Moorpark at a meeting held on the 21st day of MAY , 1997, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS EVANS, PEREZ, RODGERS TEASLEY, AND WOZNIAK NOES: NONE ABSENT: MAYOR HUNTER ABSTAIN: NONE WITNESS my hand and the official seal of said City this 27th day of MAY . , 1997. an E. Hare, CMC Clerk PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DEBBIE RODGERS TEASLEY JOHN E. WOZNIAK Mayor Mayor Pro Tom Councilmember Councilmember Councilmember