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HomeMy WebLinkAboutResolution - RDA 82-3 i 1! RESOLUTION NO. RDA-82-3 2, A RESOLUTION OF THE SAN JACINTO REDEVELOPMENT AGENCY APPROVING AND AUTHORI7ING THE EXECUTION OF AN AGREE- 31 MENT BY AND BETWEEN THE CITY OF SAN JACINTO RELATIVE TO THE ADVANCEMENT OF FUNDS FOR THE FORMULATION OF A 4 REDEVELOPMENT PROGRAM, PROJECTS AREA(S) AND PLAN(S) 5 WHEREAS, the City of San Jacinto created the San Jacinto Redevelopment 6 Agency on May 4th, 1982, by Ordinance No. 725 and have by Resolution No. 1457 7 designated the San Jacinto Redevelopment Survey Area; and 81 WHEREAS, in order to undertake the necessary procedural and administrative 9' steps to formulate and adopt a Redevelopment Plan(s) and Project Area(s), it is 10 necessary for the Redevelopment Agency to request an advance of funds and enter 11 into an agreement with the City Council and the City of San Jacinto under cer- 12 tain items and conditions; and 13i WHEREAS, the cooperative agreement has been entered into by and between 14 the San Jacinto Redevelopment Agency and the City Council of the City of San 15 Jacinto to effectuate the City's redevelopment program. 16i! NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE SAN JACINTO 17I REDEVELOPMENT AGENCY, AS FOLLOWS: I8 Section 1. An agreement hereinafter referred to as the "Fund Advance 19 Agreement No. 1" is hereby approved as set forth in Attachment "A" and hereby 20 is transmitted to the City Council of the City of San Jacinto as a request for 21 the advancement of funds under the terms and conditions therein stated. 22 Section 2. The Chairman is hereby authorized and directed to enter into 23 this Fund Advance Agreement No. 1 with the City of San Jacinto on behalf of the 24 San Jacinto Redevelopment Agency as outlined. 25 PASSED, APPROVED AND ADOPTED this 7th day of October 8 26 27 ATTEST: Chairman f / San Jacinto Redevelopment Agency 28I S6&etary 29 � San Jacinto Redevelopment Agency 30 31 A ROVED AS TO FORM 32 «/N�4.e ( City Attorney FUND ADVANCE AGREEMENT ##1 ATTACHMENT A AN AGREEMENT BETWEEN THE CITY OF SAN JACINTO AND THE SAN JACINTO REDEVELOPMENT AGENCY RELATIVE TO THE ADVANCE OF FUNDS FOR THE FORMULATION OF A REDEVELOPMENT PLAN(S) AND PROJECT AREA(S) AND THE UNDERTAKING OF REDEVELOPMENT AGENCY ADMINISTRATIVE ACTIVITIES. THIS AGREEMENT is entered into this 7th day of October, 1982 by and between the CITY OF SAN JACINTO, a municipal corporation (herein "City") and the SAN JACINTO REDEVELOPMENT AGENCY, a public entity authorized to transact business pursuant to the provisions of Section 33000 et seq. of the California Health and Safety Code (herein "Agency") . R E C I T A L S 1 . Creation: On May 4 1982, the City adopted Ordinance No. 725 captioned: ORDINANCE NO. 725 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DECLARING THE NEED FOR A REDEVELOP- MENT AGENCY TO FUNCTION IN THE CITY OF SAN JACINTO AND DECLARING THE CITY COUNCIL TO BE THE REDEVELOPMENT AGENCY FOR THE CITY OF SAN JACINTO. 2. Agency Responsibility: This Ordinance vests the Agency with the re- sponsibility and purpose to exercise the powers of the Community Redevelop- ment Law pursuant to Section 33000 et. seq. of the California Health and Safety Code. 3. Need for a Redevelopment Program: The City Council and the Rede- velopment Agency have found and concluded that redevelopment in the City of San Jacinto is a viable procedural and financial mechanism to eliminate and/ or mitigate existing and potential physical , social and economic blight through community improvement and enhancement and further concluded that the City of San Jacinto does not presently have the financial resources to pursue community improvement and enhancement programs aimed at the elimina- tion of this blight. 4. Advance of Funds: The City and the Agency desire to enter into an Agreement wherein the City will advance funds to the Agency for payment of expenses incurred by the Agency for expenses associated with the planning, formulation, adoption and execution of one or more redevelopment plans and project areas in the City of San Jacinto. NOW, THEREFORE, in consideration by the parties of the covenants and conditions herein contained, the City and Agency agree as follows: Section 1 . It is necessary and desirable that the San Jacinto Rede- velopment Agency immediately proceed with the adoption of a Redevelopment Plan(s) and Project Area(s) consistent with the provisions of the California Community Redevelopment Law. Section 2. The City agrees to advance a sum not to exceed $50,000 to formulate and prepare one or more redevelopment plans and project areas in accordance with Work Order dated October 8th, 1982 with Willdan Associates. Section 3. The City will advance, with prior review and approval of the City Council , other funds deemed necessary and required by the Agency to facilitate and expedite the approval , adoption, and implementation of the redevelopment program. Said expenses may include, but are not limited to, legal services , special reports, public hearings, and general administration. Section 4. Pursuant to Cooperative Agreement between the City and the Agency dated October 7th, 1982, the Agency agrees to reimburse the City for the advance of the aforementioned funds from whatever revenue the Agency possesses, or is entitled to, including future tax increment funds allocated to the Agency pursuant to Section 33670 (b) of the California Health and Safety Code when said funds are available. The Agency agrees to reimburse the City not only for the advance, but in addition, the Agency agrees to pay to the City the interest which the Agency receives on the moneys which the City transfers to the Agency while such funds are invested by it. The Agency further agrees to pay interest to the City at the rate of twelve percent (12%) per annum on the moneys which the Agency expends for authorized purposes. Section 5. The Agency shall keep such accounting records as will enable the City and the Agency to determine the actual costs incurred and/or moneys advanced in association with pursuing the redevelopment program and the form- ulation of the redevelopment plan and project area. Section 6. This document has been authorized to be executed by action taken by the San Jacinto City Council on 'October 7th, 19_ by Resolution No. 1458 , and by the San Jacinto Redevelopment Agency on October Zth 19_B2 by Reso- lution No. RDA-g2_3, Section 7. If any portion or section of this agreement is declared to be unconstitutional or violative of the California Community Redevelopment Law or other applicable laws of the State of California, then only that section or portion shall be stricken as agreed upon by both parties. Such determina- tion of unconstitutionality or infeasibility shall not affect the remainder of the agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date first above written. CITY OF S J I rO r BY ATTEST: Mayor Margaret McLean BY City Clerk BY City Attorney SAN JACI 0 R DEVELOPMENT AGENCY BY (/C ,K/ �✓ Chai man ATTEST: BY Secretary San Jacinto Redevelopment Agency BY Redevelopment General Counsel