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Item 14 - Approval of Cooperation and Reimbursement Agmt. for Phase II of Noise Attenuation Wall ProjectAGENDA REPORT CITY, OF POWAY ; This report is included on the Consent Calendar.; There will be no separate discussion of the report prior to approval by the City Council unless members of the Council,. staff or public '• �N' v� k- request it to be removed from the Consent Calendar and discussed separately. If you wish. to THE G� - have this: report pulled for discussion, please fill out a slip indicating the report number, and give it to:the City clerk prior to the beginning of the. City, Council meeting.: To: Honorable Mayor, and Member of the City Council 'ROMJames L Bowersox, City {.". INITIATED BY- : Patrick R. Foley, Assistant to the. City Managers DATE: Approval of Cooperation and Reinbursement Agreement. for Phase II of the Noise Attenuation Wail Project Along the East Side of Panerado Road in: the Paguay Redlevelopment Project Area SUBJMT. October 28,: 1986 HAC��E�ClF3ND On January 21, 19,86, the Poway City Council and the Poway Redevelopment Agency , adopted a resolution det&Mdning the Pcmerado, Road.Mail public improvements to be of benefit. to the Paguay Redevelopment- Project. The City., and Agency also • cooperation and reimbursement agreement for Phase .- of this pro. ~eGt approved , r�. from "passel to Mc�'erQn Roads. The project included the, block wall, concrete curbs getters, sidewalks,; landscaping and street lights.. FINaIL�GS The construction of Phase II of this project will -continue the block wall and. public rnprovements from Tassel Road to Meadowbrook Lane. The Pcads� Road attenuation wa1.1 project is of direct benefit to the Paguay Redevelopment Project. Area, and is eligible for Agency funding under Section 33445 of - the Health and Safety. Code. The; attached resolution and. cooperation and reim .irseTent agreement. provide. the legal documentation and mechanism necessary for Agency participation in the accomplishment of Phase-ll of this Project. ACTION ;y QST � 8 1985 1 ` ' E (i t4, a I of 10 I 3 of 10 OCT 2 8 1986 1T E M, l R. PAGUAY REDEVELOPMENT PROJECT POWAY, CALIFORNIA COOPERATION AND REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTIm OF PUBLIC IMPROVEMENTS THIS AGREEMENT is entered into this day of , 1956, by and. between the REDEVELOPMENT AGENCY OF THE CITY OF POWAY (a public body, corporate and politic, hereinafter referred to as the "Agency's) and the CITY OF POWAY, CALIFORNIA (a municipal corporation, hereinafter referred to as the "City")-, with reference: to the followings A. The City of Poway will undertake the installation of a noise atte- nuation`wall, curbs, gutters, sidewalks, street lights, and landscaping along i' the east side of Pomerado Road between Tassel. Road and Meadowbrook Lane: B. The improvements to be :installed on Pomerado Road are all within the Paguay RedevelOPMent Project and the installation of the aforesaid improvements - are necessary for the execution of the Project under the provisions of the California. Cc mu pity Redevelopment law (Health and Safety Code-, Section 33000 g: et. seq.) and pursuant to the. Redevelopment Plan'for the Project, which Redevelopment Plan was adopted on December 13, 1983r by Ordinance No. 117 of the City Council; and Co.The Agency desires to reimburse and pay the city for the cost of tin, construction work of these improvements. D.. The Agency and the City Council have determined that these improvements are of benefit to the project. E. The Agency, by this Agreement, is agreeing to reimburse the City for the installation of 'a noise attenuationwall, curbs,.gutters, sidewalks) street lights, and landscaping along Pcmerado Road between Tassel Road and Meadowbrook Lane . NOW, THEREFORE, the . .Agency and the City. mutually agree: as follows.. I. (Section . l0a) SCOPE OF SERVICES A. (Section 1011 Public -Improvement Work { The City shall cause. to be designed and. constructed and installed the following public iuprove'ments in a satisfactoryr- .and propQ.. manner - pur- suant, to plans and specifications to be prepared by the City: 1. The construction of an 6 -foot ornamental masonry sound, attenuation i wall along the. east side of,Pomerado Road from Tassel Road to MeadOwbrook Lane. and the placement of_..concrete curbs, gutters, sidewalksr street lights, and landscaping in this area. 4 of 10 OCT 2 8 1986 ITEM �. (Section 102) Right of Way Acquisition Right of way acquisition is not anticipated and not a part of this agreement. II. (Section 200) TIME OF PERFORMANCE The services required pursuant to section 101 through 102 shall commence upon executionof this Agreement by the, City and shall be diligently prose- cuted by the City. III. (Section 300) REIMBURSEMENT BY AGENCY TO CITY A. (Section 301) Payment The Agency shall pay to the City as reimbursement for the costs for the aforesaid improvements, a total of Three Hundred Thousand Dollars ($300,000). B. (Section 302) Method. and Tine of Payment The Agency shall, in its discretion consistent with the proper imple- mentation of the Redevelopment Plan, pay the City the total amount set forth in Section 301 in periodic installments from any funds which may then be legally available to the Agency therefor, including, but not limited 'to, tax increment paymentsand proceeds frau the sale of bonds. IV.. (Section 400) SUBORDINATION. OF INDEBTEDNESS The, indebtedness of the Agency to the city created by this Agreement is subordinate to any pledge of tax increments to the bond holders of any tax. increment bonds which are or may be issued by the Agency. V. (Section 500) LIABILITY AND INDENNIFICATION In contemplation of the provisions of Section 895.2 of the Government Code of. the State of California imposing certain tort liability jointly upon pubic entities solely by reason of such entities being parties to an agreement as defined by. Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will each assume the full. liability 'imposed upon it or any of its officers, agency, or employees by law for injury caused by negligent or wrongful act or omission occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above -stated ppurpose each party indemnifies and holds harmless the other party for any loss, costs or expense that way be imposed upon such other party solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. of 10 OCT 2 8 1986 ITEM t IN WITNESS WHEREOF, the Agency and the City have executed. this Agreement as of the date first set forth hereinabove. Marjorie K. Wahlsten, City Clerk I F 1 _ PAGUAY REDEVELOPMENT PROJECT POWAY, CALIFORNIA COOPERATION ANDREIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION cTlaN OF PMTffC IWROVEMENrs THIS'WREEMENT is entered into this day of 1986, .1, ;by and between the REDEVELORMENr AGENCY OF THE CITY OF POWAY (a public body, corporate and politic, hereinafter referred to as the "Agency"), and the CITY OF POWAY', CALIFORNIA (a municipal. corporation, hereinafter referred, to as- the "City"') , with. reference, to the following: A. The City of Poway will undertake' the installation of a noise,, atte-� nuaton wall, curbs, gutters;,, sidewalks, street lights, and, landscaping along the east side, of Pcnierado Road between. Tassel Road. and Meadowbroak. Lane:. B. The improvements 'to be installed on Pomerado Road are all within the!, Paguay Redevelopment Project and the installation, of the aforesaid improvements are necessary, for the execution of the Project under the provisions of the ' California Community Redevel ent law (,Health and Safety Code, Section 33000 et.. seq.. ). and. pursuantto the Redevelopment Plan. for the Project, which Rede rel b slab was: adopted on i�ecenber 13 1983,. by Ordinance too.. 117 of the City _ Council; and C., The Agency desires to reimburse and pay the city forthe cost of the construction work of theses improvements, ,r O.: The P,gency and the City Council. have determined that these improvements° are: of benefit to the project. E. i The Agency, ;by this Agreement, is agreeing to reimburse the, City for the :installation of a noise attenuation wall, curbs,, gutters, sidewalka, street " hts, and landscaping, along POMerado Road. between Tassel Road. and, Meadowbrook TTl DI' • NMr THERE O' Elrl the Agency and the City mutually agree as follows: _ I. (Section 100)' SCOPE OFSERVICES (Section I0l) Public Ibyrovemenr Work The City shall cause to be designed and constructed and installed the following public improvements in a satisfactory and prcperr manner pur- suant.to plans and specifications to be prepared by the City: 1. The. construction: of an 6 -foot ornamental:masonrlr sound- attenuation wall, along the east side of Pcm rado Road from Tassel Road to meadowbrook.Lane and the placement of concrete curbs, gutterst sidewalks, street Tights-,, and landscaping in this area. OCT 2 8' 1986 ITEM L4 of 10 (Section 102) Right of Way Acquisition Right of way acquisition is not anticipated and not a part of this agreement. The services regiired pursuantto. section 101 through 102 shall canmeUce upon executionof this Agreement by the City and shall be diligently prose- cuted by roscutedby the City.. REIMBURSES BY AGENCY TO CITY The Agency shall pay to the City as reimbursement for the costs for the aforesaid improvements, a total of Three Hundred Thousand Dollars. ($300,000), (Section 302) Method, and Time of Payment The Agency shall, in its discretion consistent with the proper ii le- mentation: of the 'Redevelopment Plan, pay the City the total amount, set forth in Section 301 in periodic installments from. any funds which may then be legally available to the Agency therefor,• including, but not limited to, tax increment payments and proceeds from: the sale of bonds. SUBORDINATIONOF INDEBTEDNESS The indebtedness of the Agency to the city created by this Agreement is subordinate to any pledge: of tax increments to the bond holders of any tax increment bonds which areor may be issued by the Agency. LIABILITY AND INDEMNIFICATION In contemplation.' of the provisions of Section 895.2 of the Government Code of the State of California iTposing certain tort liability jointly upon pubic entities solely by reason of such entities being parties to an agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and: 895.6 of ` said Code, will each assume the full liability imposed upon it or any of its officers, agency, or enployees by law for injury caused by negligent or wrongful act or omission occurring in the perfomance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above -stated g=pose each party indemnifies and holds harmless the: other party for any loss costs or expense that may be imposed upon such other party solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. IN WITNESS WHEREOF, the Agency and the City have executed this Agreement as of the date first set forth hereinabove. CITY OF ` Pail7AY (CITY) Carl R. Kruse, Mayor ATTEST:: Marjorie K. W sten City Clerk APPROVED' AS TO FORM: Step n _M Foicis - City Attcr REDEVELOPMENT PZEECY THE: CITY O' PCWAY (1 EYi James L., Bcrviersox, Executive: Direc, r. ATTEST. Marjorie K. Wahlsten, Secretary 1_0 ` of IQ. 001-28 i985 ITEM'