Res 84-085RESOLUTION NO. 84-085
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POW'AY D~'r~M/NING C~iWI~A_IN
PUBLIC IMPROVEMENTS TO BE OF BENF~FIT TO
THE PAGUAY REDEVELOPMENT PRO3ECP; CONSENTING TO
THE PAYMENT BY THE REDEVELOPMENT AGENCY
TO ~14E CITY OF POWAY OF THE VALUE OF
THE INSTALLATION AND CONSTRUCTION OF
SUCH PUBLIC IMPROVSMENTS; AND APPROVING
AND AUTHORIZING THE Ekq~CUTION OF A
THEREFOR BEI~EE~ THE CITY AND THE AGENCY.
WHEREAS, the City of Poway will undertake the installation of landscaped
traffic medians along Poway Road between Oak Knoll Road and Garden Road; and
WHEREAS, Poway Road is within the Paguay Redeveloi~t~nt Project and the
installation of the aforesaid i~orov~ts is necessary for the execution of the
Project under the provisions of the California Out,~,unity Redevelol~L~nt Law
(Health and Safety Code, Section 33000 et. seq. ) and pursuant to the Redevelop-
ment Plan for the Project, which Redeveloianent Plan was adopted on Dece~r 13,
1983, by Ordinance No. 117 of the City Council; and
WHEREAS, the Redevelopment Agency of the City of Poway desires to reimburse
and pay the City for the value of the construction work, the terms and provi-
sions of such reimbursement being contained in a "Cooperation and Reimbursement
Agrc~aent" between the City and the Agency, which is attached hereto and labeled
as Exhibit A; and
WHEREAS, Section 33445 of the California Health and Safety Code requires the
City to determine the issue of benefit to the Paguay Redevelopment Project prior
to such reimbursement payments being made to the City by the Agency.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1. It is hereby determined that the installation and construction
of public improvements necessary for the control of traffic and the enhancenent
of pedestrian safety are of benefit to the Paguay Redevelopment Project.
Section 2. The City Council hereby consents and approves the reimbursement
and palanent by the Agency to the City of Poway for the value of the construction
work as set forth in the attached Cooperation and Reimbursement Agrc~---~ent.
Section 3. The City Council hereby approves the attached Cooperation and
Reimbursenent Agreement, and hereby authorizes the Mayor to execute, and the
City Clerk to attest to said Agr~-~nen. t on behalf of the City.
Resolution No. 84-085
Page 2
Section 4.
APPROVED AND ADOPTED this
ATTEST:
The City Clerk shall certify to the adoption of this resolution.
9th day of October, 1984.
Marjori~ K. Wahlsten, City Clerk
EXHIBIT "A"
PAGUAY REDEVELOPMENT PROJW3CT
POWAY, CALIFORNIA
COOPERATION AND REIMBURSEMENT ~GREH]V~NT
FOR THE
CONSTRUCTION OF PUBLIC IMPROVHMENTS
THIS AG~ is entered into this 9th day of October, 1984, by and bet~n
the REDEVELOPMH~T 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 ins~llation of landscaped traffic
medians along Pow-ay Road between Oak Knoll Road and Garden Road.
B. The medians to be installed on Poway Road ere all within the Paguay
Redevelolmnent Project and the installation of the aforesaid improv~nents are
necessary for the execution of the Project under the provisions of the
California C~,,,L0nity gedevelo~L~nt law (Health and Safety Code, Section 33000
et. seq.) and pursuant to the Redevelo[~,~nt Plan for the Project, which
Redevelolm~ent Plan wss adopted on Dec6m~er 13, 1983, by Ordinance No. 117 of the
City Council; and
C. The Agency desires to reimburse and pay the City for the cost of the
construction ~rk of these improv~nents.
D. The Agency and the City Council have determined that these improvenents
are of benefit to the project.
E. The Agency, by this Agrc~.---~=_nt, is agreeing to reimburse the City for
the installation of landscaped traffic medians along Poway Road between Oak
Knoll Road and C-~__rden Road.
NOW, THEREFORE, the Agency and the City mutually agree as follows:
I. (Section 100) SCOPE OF SERVICES
A. (Section 101) Public I~0rov~nent Work
The City shall cause to be designed and constructed and installed the
following public improvements in a satisfactory and proper manner pur-
s,,ant to plans and specifications to be prepared by the City:
The installation of traffic median island improv~nents consisting
of paving r~oval, soil excavation, and the construction of curb
and gutter, A. C. pavement, decorative stamped concrete, traffic
striping, irrigation, and landscaping.
Exhibit "A"
Page 2
Be
(Section 102) Right of Way ~cquisition
Right of way acquisition is not anticipated and not a part of this
agr~-~ent.
II. (Section 200) TIME OF PERFORMANCE
The services required pursuant to Section 101 through 102 shall co,hence
upon execution of this Agre~m%ent by the City and shall be diligently prose-
cuted by the City.
III.(Section 300) REIMBURSHIMENT BY AGENCY TO CITY
IV.
(Section 301) Payment
The Agency shall pay to the City as reimburs~nent for the costs for the
aforesaid improvements, a total of Three Hundred and Two Thousand and
Fifty-one Dollars ($302,051).
B. (Section 302) Method and Time of Payment
The Agency shall, in its discretion consistent with the proper imple-
mentation of the Redevelolznent 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.
(Section 400 ) SUBORDINATION OF INDE~r,:oNESS
The indebtedness of the Agency to the City created by this ~greement is
subordinate to any pledge of tax increments to the bond holders of any tax
incre~e~nt bends which are or my be issued by the Agency.
(Section 500) LIABILITY AND IND~.~{NIFICATION
In contemplation of the provisions of Section 895.2 of the Goverr~nent Code
of the State of California imposing certain tort liability jointly upon
public entities solely by reason of such entities being parties to an
agr~-~.nt as defined by Section 895 of said Code, the parties hereto, as
between themselves, purs,,_~nt 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, agents, or ~loyees by law for injury caused by
negligent or wrongful act or c~ission 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 purpose
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 rode a part hereof as if fully set forth herein.
Exhibit "A"
Page 3
IN WITNESS WHEREOF, the Agency and the City have executed this Agrc~--~ent as
of the date first set forth hereinabove.
~TTEST:
Marjorie~ K. Wahlsten, City Clerk
S~enM. Eckis, City~ttorney
A'rr ~T:
CITY OF POWAY (CITY)
REDEVELOPMENT ~GENCY OF THE
CITY OF POWAY (~)
J~-~. Bowersox, ExecutiVe Director
Marjoria ~. Wahlsten, Secretary