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HomeMy WebLinkAboutResolution - 1458 i 1 RESOLUTION NO. 1458 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO APPROVING AND AUTHORIZING THE EXECUTION OF 3 AN AGREEMENT BY AND BETWEEN THE SAN JACINTO REDEVELOP- MENT AGENCY AUTHORIZING THE CITY TO ADVANCE FUNDS TO 4 THE AGENCY FOR THE FORMULATION OF A REDEVELOPMENT PROGRAM, PROJECT AREA(S) , AND PLAN(S) 5 6 WHEREAS, the City of San Jacinto created the San Jacinto Redevelopment 7 Agency on May 4th; 1982, by Ordinance No. 725 and have by Resolution No. 1457, g designated the San Jacinto Redevelopment Survey Area, and g WHEREAS, in order to undertake the necessary procedural and administrative 10 steps to formulate and adopt a Redevelopment Plan(s) and Project'Area(s) , it is 11 necessary for the Redevelopment Agency to request an advance of funds and enter 12 into an agreement with the City Council and the City of San Jacinto under cer- 13 tain items and conditions, and 14 WHEREAS, the Cooperative Agreement has been entered into by and between 15 the San Jacinto Redevelopment Agency and the City Council of the City of San 16 Jacinto on October 7th, 1982, to effectuate the City's redevelopment program; an 17 WHEREAS, the City Council of the City of San Jacinto is in receipt of a 18 request for an advance of funds pursuant to an agreement setting forth specific 19 Iterms and conditions ,. 20 I NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL 21 OF THE CITY OF SAN JACINTO, AS FOLLOWS: 22 Section 1 . An agreement hereinafter referred to as the "Fund Advance 23 Agreement No. 1 " is hereby approved as'set forth in Attachment "A" in order for 24 the City Council of the City of San Jacinto to advance funds under terms and 25 conditions therein stated. 26 Section 2. The Mayor is hereby authorized and directed to enter into this 27 Fund Advance Agreement No. 1 with the San Jacinto Redevelopment Agency on 28 1 behalf of the City Council of the City of San Jac` o as outlined 29 1 PASSED, APPROVED, AND ADOPTED this 7th day of 0 to'ber 1982. 30 ! ATTEST: Margar t McLean City Clerk 31 .�._� a By(, �L � ayor 32 Deputy 1 CERTIFICATE 2 The foregoing is certified to be a true copy of Resolution No. 1458 duly 3 adopted by the said City. Council of the City of San Jacinto on the date therein 4 set forth. 5 MAR GA E1 McLEAN ITY CLERK 6 8 De "y 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 FOI2UIULATION 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 Cali- fornia Health and Safety Code (herein "Agency"). R E C I T A L S 1 . Creation: On May 4th , 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 responsibility 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 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 Redevelop- ment Agency immediately proceed with the adoption of a Redevelopment Plan(s) and Project Area(s) consistent with the provisions of the California Commun- ity 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, 1982 by Resolution No. 1458, and by the San Jacinto Redevelopment Agency on October 7th, 19 82 by Reso- lution No. RDA-82-3. 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 determination 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 SAWN JA I NT t R f{ { J{ By Mayor ATTEST: Margare ' McLean BY Deputy Ci y Clerk BY _ City Attorney SAN JACINTO REpEVELOPMENT AGENCY BY Chairman ATTEST: f feta ry San Jacinto Redevelopment Agency BY Redevelopment General Counsel