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
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OCT 2 8 1986 1T E M, l
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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.
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OCT 2 8 1986 ITEM
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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
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_ 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
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(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'