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HomeMy WebLinkAboutResolution - 2039 RESOLUTION NO. 2 0 3 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO,APPROVING A COOPERATION AGREEMENT WITH THE SAN JACINTO REDEVELOPMENT AGENCY AND AUTHORIZING THE EXECUTION THEREOF THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY RESOLVE AS FOLLOWS; WHEREAS,the City Council of San Jacinto (the "City") has activated the San Jacinto Redevelopment Agency (the "Agency") by Ordinance No. 725 adopted May 4, 1982; and WHEREAS, the City and Agency desire to enter into a Cooperation Agreement, substantially in the form of Exhibit "A" attached hereto and incorporated herein (the"Cooperation Agreement"),pursuant to which the City will render services and/or make available facilities to assist the Agency in furtherance of the Agency's activities and functions; NOW, THEREFORE, BE IT HEREBY RESOLVED AS FOLLOWS: Section 1: The Cooperation Agreement attached hereto as Exhibit "A" and incorporated herein is hereby approved. Section 2: The Mayor and City Clerk of the City are hereby authorized and directed to execute the Cooperation Agreement on behalf of the City as the City act and deed. MOVED, PASSED AND ADOPTED the 2nd day of June 1992. ATTEST: z y. r Deputy City Clerk Mayor` fir' 1 �F CERTIFICATE The foregoing is certified to be a true copy of Resolution No. 2 0 3 9 duly passed by the said City Council of the City of San Jacinto on the date set forth therein. Deputy City Clerk EXHIBIT "A" COOPERATION AGREEMENT THIS AGREEMENT is entered into this end day of .tune 1992, by and between the CITY OF SAN JACINTO, hereinafter referred to as "CITY" and the SAN JACINTO REDEVELOPMENT AGENCY, hereinafter referred to as "AGENCY". RECITALS A. The City Council of the City of San Jacinto, acting pursuant to the provisions of the California Community Redevelopment Law (California Health & Safety Code Sections 33000 et seq.), has activated AGENCY and declared itself to constitute AGENCY, by Ordinance No. 725, adopted on May 4, 1982. B. Pursuant to the California Community Redevelopment Law, AGENCY is performing a public function of CITY and may have access to services and facilities of CITY. C. CITY has established a separate fund (the "Administrative Fund") for furnishing of support for costs of administration of the Agency. D. Prior to the date of this Agreement, CITY advanced to AGENCY the sum of Four Hundred Ninety-Seven One Hundred Thousand Dollars ($497,100) for costs of administration. E. CITY and AGENCY desire to enter into this Agreement: 1. To 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 California Community Redevelopment Law; 2. To provide that AGENCY will reimburse CITY for actions undertaken and costs and expenses incurred by if for and on behalf of AGENCY; and; 3. To more fully evidence advances made by CITY to AGENCY. 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 carrying out its functions under the California Community Redevelopment Law. Such assistance and services may include the services of officers and employees and special 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 administration of redevelopment projects including, but not limited to, the costs of salaries and charges and expenses incurred under contracts for services related to the administration of such redevelopment projects. SECTION 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. Such statement of costs may include a proration of CITY's administrative and salary expense attributable to services of CITY's officials, employees and departments rendered for AGENCY. SECTION 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 California Health & Safety Code Section 33670 or from other sources; provided, however, that AGENCY shall have the sole 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 obligation for repayment shall bear interest until repayment is made at the maximum rate permitted by law. The costs 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 express 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 5. CITY agrees to use best efforts to include AGENCY within the terms of CITY's insurance policy. AGENCY shall pay to CITY its pro-rata share of the costs of insurance applicable to its activities resulting from AGENCY's inclusion in CITY's policy. SECTION 6. The obligations of Agency under this Agreement shall constitute an indebtedness of AGENCY within the meaning of California Community Redevelopment Law Sections 33670 et seq., to be repaid to CITY by AGENCY with interest at the maximum rate allowed by law, but not more than ten percent (100/c) per annum. AGENCY agrees to execute promissory notes or such other documentation as may be reasonable or necessary to further document the indebtedness of AGENCY to CITY hereunder. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF SAN JACINTO B Mayor ATTEST, ,,� i t„ City Clerk SAN JACINTO REDEVELOPMENT AGENCY B Chairman 6/ ATTEST: P"'-'�' ,Lz Secretary