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Res 83-073RESOLUTION NO. 83-073 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY APPROVING A COOPERATION AGREEMENT WITH THE POWA¥ REDEVELOPMENT AGENCY AND AUTHORIZING THE EXECUTION THEREOF WHEREAS, the City Council of the City of Poway (the "City") has activated the Poway Redevelopment Agency (the "Agency"); 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF POWAY 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's act and deed. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Poway this 27th day of September, 1983: Mayor of the City of Poway ATTEST: City Clerk of the City of Poway 5828P/2345/00 COOPERATION AGREEMENT THIS AGREEMENT is entered into as of September 27 , 1983, by and between the CITY OF POWAY, a municipal corporation (herein the "City") and the POWAY REDEVELOPMENT AGENCY, a public body, corporate and politic (herein the "Agency"). ae Bo Ce Recitals The City Council of the City, acting pursuant to the provisions of the California Community Redevelopment Law, has activated the Agency and has declared itself to constitute the Agency. Pursuant to said Community Redevelopment Law, the Agency is performing a public function of the City and may have access to services and facilities of the City. The City Council of the City has created a Community Redevelopment Agency Administrative Fund for the purpose of accounting for administrative expenses of the Agency, has approved a budget for the Agency for its fiscal year 1983-84, and has loaned funds to the Agency for its administrative expenses. D. The City and Agency desire to enter into this Agreement to set forth 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 California Community Redevelopment Law. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and conditions set forth herein, the parties hereto agree as follows: Section 1. The City agrees to provide for the Agency such staff assistance, supplies, technical services, insurance coverage and other services and facilities of the City as the Agency may require in carrying out its functions under the California Community Redevelopment Law. Such assistance and services may include the services of city officers and employees and special consultant services, including but not limited to special redevelopment counsel to the city attorney. Section 2. The City shall periodically, but not less than annually, submit to the Agency a statement of the costs incurred by the City in rendering services and facilities of the City to the Agency pursuant to this agreement. Said statement may include a proration of City's administrative and salary expense attributable to services of city officials, employees and departments rendered for the Agency. Section 3. The Agency agrees to accept services and facilities of the City pursuant to this agreement and to repay to the City, at such time as funds are available to the Agency for such repayment, the costs of the City under this agreement as shown on statements submitted to the Agency pursuant to paragraph 2 hereof. Section 4. The City agrees to make loans to the Agency from time to time in order to assist the Agency in defraying the costs and expenses of operating and administering the City's redevelopment program, subject to periodic review and approval by City Council of the Agency's budget and a current statement of revenues and expenditures. Section 5. The obligations of the Agency under this agreement shall constitute an indebtedness of the Agency within the meaning of Article 6, Chapter 6, of the California Community Redevelopment Law. IN WITNESS WHEREOF, the parties have executed this agreement as of the date first above written. CITY OF POWAY Ma~Or~f t e City of Poway ATTEST: City Clerk of the City of Poway POWAY REDEVELOPMENT AGENCY Chairman of the Poway Redevelopment Agency ATTEST: Secret~r~; of the Poway Redeve o~ment Agency 5831P/2345/00