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R 3163 - , ... ~ . .. RESOLUTION NO. 3163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A COOPERATION AGREEMENT BY AND BETWEEN THE CITY AND THE ARROYO GRANDE REDEVELOPMENT AGENCY f t -f t WHEREAS, on Auqust 13 . 1996 the City Council of the City of Arroyo Grande ~ (City Council) did duly introduce for first reading Ordinance No. 479C.&. thereby taking action to activate the Arroyo Grande Redevelopment Agency (" Agency"); and WHEREAS, pursuant to the Community Redevelopment Law, California Health and Safety Code Section 33000, et seq. ("Community Development Law"), as specified by Section 33123 thereof, the Agency is performing a public function of the City; and WHEREAS, Section 33128 of the Community Redevelopment Law provides that the Agency shall have access to the services and facilities of the Planning Commission, the City Engineer, and other departments and offices of the City; and WHEREAS, pursuant to Sections 33132, 33133, and 33600 of the Community Redevelopment Law, the Agency may accept financial or other assistance from any public or private source, for the Agency's activities, powers, and duties, and expend any funds so received for any of the purposes of the Community Redevelopment Law; and WHEREAS, the City is authorized to aid and cooperate with the Agency in the planning, undertaking, construction, or operation of redevelopment projects pursuant . to Section 33220 of the Community Redevelopment Law; and WHEREAS, the City and the Agency desire to enter into a Cooperation Agreement pursuant to which the City will render certain activities, services, and facilities to the Agency all in order to assist the Agency in carrying out its functions under the Community Redevelopment Law, and the Agency agrees to reimburse the City for all advances made to or on behalf of the Agency pursuant to the terms of the Cooperation Agreement; and WHEREAS, the Agency's obligations pursuant to the Cooperation Agreement ( shall constitute an indebtedness of the Agency within the meaning of Section 33670 . f of the Community Redevelopment Law. l_ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES RESOLVE AS FOllOWS: '. -. ... ,. \ * RESOLUTION NO. 3163 PAGE 2 SECTION 1. The Cooperation Agreement by and between the Agency and the City, atta.:::hed hereto as Exhibit A and incorporated herein by this reference as though fully set forth herein, is hereby approved; and the Mayor is authorized and directed to execute said Agreement on behalf of the City. SECTION 2. City staff is hereby authorized and directed to take any appropriate action consistent with the purposes of this Resolution and the Cooperation Agreement approved hereby to carry out the Agreement on behalf of the City. On motion of Council Member Souza , seconded by Council Member Fuller , and on the following ro!' call vote, to wit: A YES: Council Members Souza, Fuller Lady, Brandy, and Mayor Dougall NOES: None ABSENT: None the foregoing Resolution was adopted this 13th day of August , 1996. ATTEST: 11~a..~ NANCY A. A VIS, CITY CLERK APPROVED AS TO FORM: ~ , .-- -- RESOLUTION NO. 3163 PAGE 3 APPROVED AS TO CONTENT: r tL-(f~L. H'~ I j ( ROBERT L HUNT, CITY MANAGER I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the foregoing Resolution No. 3163 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of said Council on this 13th day of August , 1996. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th day of August , 1996. '11~{J.~ NANCY A. VIS, CITY CLERK r I I l__ RESOLUTION NO. 3163 ~ .' ....-. ---... COOPERATION AGREEMENT THIS AGREEMENT is entered into as of the 13thday of August , 1996, by and between the CITY OF ARROYO GRANDE, a municipal corporation (the .City") and the ARROYO GRANDE REDEVELOPMENT AGENCY, a public body corporate and politic (the " Agency"). RECITALS A. The City Council .of the City, acting pursuant to the provision of the Community Redevelopment Law, CaJifornia Health and Safety Code Sections 33000, et seq. (the "Community Redevelopment Law") has activated the Agency and has declared itself to constitute the Agency by Ordinance No.479C_s.adopted on August 27, 1996. B. Pursuant to the Community Redevelopment Law, the Agency is performing a public function of the City and may have access to services and facilities of the City. C. The City and Agency desire to enter into this Agreement: (1) To set forth activities, services, and facilities which the City will render for and make available to the Agency in furtherance of the activities and functions of the Agency under the Community Redevelopment Law; and (2) To 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. AGRRRMENTS NOW, THEREFORE, the. parties hereto do mutually agree as follows: 1. The City agrees to provide for the Agency such staff assistance, supplies, offices, technical services and other services and facilities of the City as the Agency may require in carrying out its functions under the Community Redevelopment Law. Such assistance and services may include the sePlices of city officers and employees and special consultants. 2. The City may, but is not required to, advance necessary funds to the Agency or to expend funds on behalf of the Agency for the preparation and implementation of the redevelopment plan including, but not limited to, the costs 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. PUBL;41641_II094122707.0001 ...~ ... RESOLUTION NO. 3163 .. ~_.. , .- 3. The City will keep records of advances made to or on behalf of the Agency, facilities provided, and activities and services undertaken pursuant to this Agreement and the costs thereof in order that an accurate record of the Agency's liability to the City can be ascertained . The City shall periodically, but not less than annually, submit to the Agency a statement of the costs incurred by the City in rendering activities and services of the City to the Agency pursuant to this Agreement. This Agreement may include a proration of City's r administrative and salary expense and rental value or pro rata cost of offices and related amenities attributable to services of City officials, employees and departments rendered for the t Agency. . t 4. The Agency agrees to reimburse the City for aU advances made to or on behalf of the Agency, and costs incurred for services and with respect to facilities by the City pursuant to this Agreement from and to the extent that funds are available to the Agency for such purpose pursuant to Section 33670 of the Community Redevelopment Law or from other sources; 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 C3IT}'ing out the project. The costs of the City under this Agreement will be shown on statements submitted to the Agency pursuant to Paragraph 3 above. Although the parties recognize that payment may not occur for a number of 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 the City under this Agreement shall be entitled to payment, consistent with the Agency's financial ability, in order to make the City whole as soon as practically possible. 5. The City agrees to include the Agency within the tenns of the City's insurance policy. The Agency shaH pay to the City its pro rata share of the costs of insurance applicable to its activities resulting from the Agency's inclusion in the City's policy. . .6. The obligations of the Agency under this Agreement shall constitute an indebtedness of the Agency within the meaning of Section 33670 et seq. of the Community Redevelopment Law, to be repaid to the City by the Agency with interest at the rate of ten percent (10 %) per annum. I I ! 1 i. - PUBt..:41641_t 1094122707.0001 2 - - - -- - r , .... -.., '"....... IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF ARROYO GRANDE l Mayor ATI'EST: '-1l~a.~ City Cler '. ARROYO GRANDE REDEVELOPl\1ENT AGENCY Chair ArrEST: of! a. ~ Age~tMy l I'UBL:41641_11094122707.0001 3