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Home My WebLink AboutReso. 1985 - 272 - Amending cooperation agreement between City and Redding Redevelopment Agency for Canby/Hilltop/Cypress project9 RESOLUTION NO.S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING THE COOPERATION AGREEMENT BETWEEN THE CITY OF REDDING AND THE REDDING REDEVELOPMENT AGENCY FOR THE CANBY/- HILLTOP/CYPRESS PROJECT. WHEREAS, on October 28, 1985, the City of Redding and the Redding Redevelopment Agency entered into a cooperation agreement for the Canby/Hilltop/Cypress Project to: 1. set forth activities, services and facilities which the City will render for and make available to the Agency in further- ance of the activities and functions of the Agency under the Community Redevelopment Law; and 2. 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; and WHEREAS, in order to insure that funds expended by the City on behalf of the Agency are due and payable in the fiscal year for which the funds were expended, it is necessary to amend the Cooperation Agreement in the event the Agency may need to avoid the 20 percent set aside for low and moderate income housing for the Canby/Hilltop/Cypress Project required by Section 63333.6(c) of the Health and Safety Code in order to provide for the orderly and timely completion of public projects, activities or programs which are contained in the status of existing programs for the Canby/Hilltop/Cypress project as adopted by resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Redding does hereby amend the Cooperation Agreement with 9 .J I_ • r� the Redding Redevelopment Agency for the Canby/Hilltop/Cypress project by adopting a new agreement, a copy of which is attached hereto and incorporated herein. I HEREBY CERTIFY that the foregoing resolution was intro- duced and read at a regular meeting of the City Council of the City of Redding on the 16th day of December , 1985, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Demsher, Fulton, Gard, Pugh & Kirkpatrick NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST: ETHEL A. NICHOLS, City Clerk FORM -�APPROVED: RANDALL A. HAYS, gity Attorney HOWARD D. KI KPA- ICK, Mayor City of Redding -2- COOPERATION AGREEMENT (AMENDED) THIS AGREEMENT, entered into on the day of 1985, by and between the CITY OF REDDING, a municipal corporation, hereinafter called "City", and the REDDING REDEVELOPMENT AGENCY; a public body, hereinafter called "Agency": W I T N E S S E T H: WHEREAS, the City and Agency entered into a Cooperation Agreement dated October 28, 1985; and WHEREAS, the City and Agency desire to reaffirm the commitments contained in said agreement insofar as they are not inconsistent herewith, and amend said agreement to make the obligation for repayment or reimbursement to the City more specific; and WHEREAS, the City Council of City, acting pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code §33000, et seq.), has activated Agency by Resolution No. 2407, adopted August 4, 1958; and WHEREAS, pursuant to the Community Redevelopment Law, Agency is performing a public function of City and may have- access aveaccess to services and facilities of City; and WHEREAS, City and Agency have undertaken proceedings for the adoption of the Canby -hilltop -Cypress redevelopment project in the City of Redding and City and Agency desire to enter into this agreement in accordance with the adoption of such project in order to: I . set forth activities, services, and facilities which Citv will render for and make available to Agency in furtherance of the activities and functions of Agency under the Community Redevelopment Law; and 2. provide that Agency will reimburse City for actions undertaken and costs and expenses incurred by it for and on behalf of Agency; NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: 1. City agrees to provide Agency such staff assistance, supplies, technical and other services and facilities of City as Agency may require in carrying out its functions under the Community Redevelopment Law. Such assistance and services may include the services of City officers and employees and special consultants. 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 cost of surveys, planning, studies and environmental assessments for the adoption of a redevelopment plan, the cost of acquisition of property within the project area, demolition and clearance of properties acquired, building and site preparation, public improvements and relocation assistance to displaced residential. and nonresidential occupants as required by law. 3. City will keep records of activities and services undertaken pursuant to this agreement and the costs thereof in order that an accurate record of Agency's liability to City can be ascertained. City shall periodically, but not less than annually, submit to Agency a statement of the costs incurred by City in rendering activities and services of City to Agency pursuant to this agreement. This agreement may include a proration of City's administrative and salary expenses attributable to services of City officials, employees, and departments rendered for Agency. 4. Agency agrees to reimburse City within 30 days LT.-= date of City's periodic statement of costs incurred for services by City pursuant to this agreement from and to the extent that hinds are available to Acr(--ncv for such purpose pursuant to X3.3670 of the health and Safety Code 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 project. The costs of City under this agreement will be shown on statements submitted to Agency pursuant to Paragraph 3 above. 5. City agrees to include Agency within the terms of City's insurance policy. Agency shall pay to City its prorata share of the costs of insurance applicable to its activities resulting from Agency's inclusion in City's policy. 6. The obligations of Agency under this agreement shall constitute an indebtedness of Agency within the meaning of 533670, et seq., of the Community Development Law to be repaid to City by Agency with interest at ten percent (10%) per annum on amounts unpaid for 31. days or more. 7. This agreement shall commence upon execution thereof by appropriate officers of City and Agency. This agreement shall terminate on the last day of the fiscal year in which this agreement is executed; provided, however, that this agreement shall be automatically renewed for each subsequent fiscal year if City includes funds in its operating budget for such purposes or City and Agency mutually agree to any extension. Nothing contained in this section shall be constituted to require Agency to reimburse City in full upon the termination of this agreement, it being contemplated by the parties that Agency shall reimburse City within the time and manner provided in Section 4 hereof. IN WITNESS WHEREOF, the parties have executed this a^,recment cn the dal, anc? year first ahove written - CITY OF REDDING By HOWARD D. KIRKPATRICK, Mayor REDDING REDEVELOPMENT AGENCY By JAMES L. WILLIAMS, Chairman ATTEST: ETHEL A. NICHOLS, City Clerk ATTEST: PHILLIP A. PERRY, Secretary FOEY. APPROVED: RANDALL A. BAYS, City Attorney t J • �� %ted✓ VV v THIS AGREEMENT,; entered into on the 28th day of October ,. 1985, by and between the CITY OF REDDING, a municipal corporation, hereinafter called "City", and the REDDING REDEVELOPMENT AGENCY, a public body, hereinafter called "Agency": W I T N E S S E T H: WHEREAS, the City Council of City, acting pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code §33000, et seq.), has activated Agency by Resolu- tion No. 2407, adopted August 4, 1958; and WHEREAS, pursuant to the Community Redevelopment Law, Agency is performing a public function of City and may have access to services and ld1. ii-i'LA es O City; and WHEREAS, City and Agency are undertaking proceedings for the adoption of a redevelopment project in the City of Redding and City and Agency desire to enter into this agreement in anticipa- tion of the adoption of such project in order to: 1. set forth activities, services and facilities which City will render for and make available to Agency in furtherance of the activities and functions of Agency under the Community Redevelopment Law; and 2. provide that Agency will reimburse City for actions undertaken and costs and expenses incurred by it for and on behalf of Agency; NOW, THEREFORE, IT IS AGREED between the parties hereto as COOPERATION AGREEMENT follows: • I . City agrees to provide Agency such staff assistance, supplies, technical and other services and facilities of City as Agency may require in carrying out its functions under the Community Redevelopment Law. Such assistance and services may include the services of City officers and employees and special consultants. 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 cost of surveys, planning, studies and environmental assessments for the adoption of a redevelopment plan, the cost of acquisition of property within the project area, demolition and clearance of properties acquired, building and --C pre- =r --ti cnnr� is improvements and relocation assis- tance to displaced residential and non-residential occupants as required by law_ 3. City will keep records of activities and services undertaken pursuant to this agreement and the costs thereof in order that an accurate records of Agency's liability to City can be ascertained. City shall periodically, but not less than annually, submit to Agency a statement of the costs incurred by City in rendering activities and services of City to Agency pursuant to this agreement. This agreement may include a prora- tion of City's administrative and salary expenses attributable to services of City officials, employees and departments rendered for Agency. L- 4. Agency agrees to reimburse City for all costs incurred for services by City pursuant to this agreement from and to the extent that funds are available to Agency for such purpose pursuant to 533670 of the Health and Safety Code 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 project. The costs of City under this agreement will be shown on statements submitted to Agency pursuant to Paragraph 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 express intent of the parties that the expenses incurred by City under this agreement shall be entitled to navment consistent with Agency's financial ability in order to make city whole as soon as practicable. 5. City agrees to include Agency within the terms of City's insurance policy. Agency shall pay to City its prorata share of the costs of insurance applicable to its activities resulting from Agency's inclusion in City's policy. 6. The obligations of Agency under this agreement shall constitute an indebtedness of Agency within the meaning of 533670, et seq., of the Community Development Law to be repaid to City by Agency with interest at ten. percent (104) per annucn. 7. This agreement shall commence upon execution thereof by appropriate offfi.cers of City and Agency. This agreement shall terminate on the last day of the fiscal year in which this agreerinnt is executes?; provided, however, that this agreement -3- • shall be automatically renewed for each subsequent fiscal year if City includes funds in its operating budget for such purposes or City and Agency mutually agree to any extension. Nothing con- tained in this section shall be constituted to require Agency to reimburse City in full upon the termination of this agreement, it being contemplated by the parties that Agency shall reimburse City within the time and manner provided in Section 4 hereof. IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first above written. CITY .OF REDDING ByXvtJ HOWARD D. KIRKP7/TRICK, Mayor RFDDTWG REDEVELOPMENT AGENCY C2L—SAA` WILLIAMS, Chairman ATTEST: i��-... �,/' /,%ice•. ��. ETHEL A. NICHOLS, City Clerk ATTEST: ,� n t�I— PT-iILLI A. PERRY,/ Secretary FORM APPROVED: RA 'ALL A. BAYS , qty Attorney -4-