Res 86-121RESOLUTICN NO. 86-121
A RESOLUTIC~g OF THE CITY COJNCIL
CF THE CITY CF PGNAY, CATJ~ORNIA,
C(~Sf~TING TO ~HE PAYMENT BY THE R~DEVELOPM~gT AG~gCY
TO THE CITY OF POWAY OF THE VALUE OF THE
INSTALTATICN Ab~ C~NST~3CTIC~q OF SUCH PUBLIC IMP~;
AND APPROVING AbD AUTHORIZING THE EXfEUTI(IN
~R~F~%S, The City of Poway will undertake the ins~]lation of a noise atte-
nuation ~all, curbs, gutters, sidewalks, street lights, and landscaping along
the ~.~t side of F~t~rado Road between Tassel Road and Mea___dowbrook Lane; and
WHRREAS, tkanerado Road is within the Paguay Redevelolmne_nt Project and the
installation of the aforesaid improv~nents is necessary for the execution of the
Project under the provisions of the California Cut,L~nity Redevelot~-~nt Law
(H~]th and Safety code, Section 33000 et. seq. ) and p~rs~,~nt to the
Redevelolmne/nt Plan for the Project, which l~_edevelolmnent plan ms adopted on
Decenber 13, 1983, by Ordinance No. 117 cf the City Council; and
WHEREAS, the Redevelolmnent Agency of the City of Po~ay desires to r~mburse
and pay the City for the value of the construction work, the terms and provi-
sions of such reimbursenent being contained in a "Cooperation and R~{mburs~nent
Agr~nent'' bet%~_n the City and the Agency, which is attached hereto and !aheled
as Exhibit A.
NOW, THEREFORE, mR. IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1. The City council hereby consents and approves the r~,9~ursement
and payment by the Agency to the City of Poway for the value of the construction
work as set forth in the attached Cooperation and R~mbursenent Agreenent.
Section 2. The City Council hereby approves the attached Cooperation and
Reimhursenent Agreement, and hereby authorized the Mayor to execute, and the
City Clerk to attest to said Agr~-~Jaent on bebalf of the City.
Section 3. The City Clerk shall certify to the adoption of this resolution.
PASSED, ADOPi'mo AhD APPROVED, by the City ~cil of the city of Poway,
California, at a re~]ar meeting thereof thisf28~ day of October 1986.
C~rl R. Kruse, Mayor
Ymrjorie ~.~ Wahlsten, City Clerk
C00PERATIC~q AND Rw, TN~URS~4ENT ~~
FOR 5~tE
O0NSTi~J~ OF PUBLIC IMPNOV~MENTS
~IS ~ is entered into this 28th day of October , 1986,
by and betwee~ the R~DEVELOPM~qT ~GwNCY OF THE CITY OF Pf~Uff (a public body,
corporate and politic, hereiDe~ter referred to as the "Agency") and the CITY OF
POWAY, CAT.IPORNIA (a municipal corporation, hereir~fter referred to as the
"City"), with reference to the following:
A. The City of Poway will undertake the installation of a noise atte-
nuation ~all, curbs, gutters, side, talks, street lights, and landscaping along
the ~t side of Pcmerado Road between Tassel R_~_d and M~adowbrook Lane.
B. The improvements to be installed on Pcmerado B~ad 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 CuL,~unity Redevelopment law (N~lth and Safety Code, Section 33000
et. seq.) and pursuant to the Redevelopment Plan for the Project, which
l~develo~uent Plan ~as adopted on December 13, 1983, by Ordinance No. 117 of the
City Council; and
C. The Az3e~cy desires to reimburse and pay the city for the cost of the
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 Agreenent, is agreeing to reimburse the City for
the installation of a noise attenuation wall, curbs, gutters, sidewalks, street
lights, and lar~.aping along P~merado Road between Tassel Road and Meadowbrook
Lane .
NOW, THEREFORE, the Agency and the City mutually agree as follows:
I. (Section 100) SCOPE OF SERVIC~
A. (Section 101) Public Improv~nent Work
The City shall cause to be designed and constructed and installed the
following public improvements in a satisfactory and proper manner pur-
~,~nt to plans and specifications to be prepared by the City:
The construction of an 6-foot ornamental ~-~onry sound attenuation
~11 along the ~-~t side of Pc~erado Road frcm Tassel Road to
M~_~aowbrook Lane and the placenent of concrete curbs, gutters,
sidewalks, street lights, and l~ndscaping in this area.
Exhibit A
(Section 102) Right of Way Acquisition
Right of way acquisition is not anticipated and not a part of this
agreement.
II. (Section 200) TI_N~ OF PERFORMANCE
The services required pursnant to section 101 through 102 shall c~,~nce
upon execution of this Agreement by the City and shall be diligently prose-
cuted by the City.
III. (Section 300) I:~..TIV~Ui~S]~'~,~'~ BY ~ TO CITY
A. (Section 301) Palm~nt
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 Time of Payment
The Agency sb~ll, in its discretion consistent with the proper imple-
mentation of the B~develo~ment plan, pay the City the total amount set
forth in Section 301 in periodic installments frcm any funds which may
then be legally avai!_~ble to the Agency therefor, including, but not
limited to, ~x increnent payments and proc~s frcm the sale of bonds.
IV. (Section 400) SUB~RDINATIC~ OF IND]~'.L'J~flNESS
The indebtedness of the Agency to the city created by this Agreenent is
subordinate to any pledge of rex increments to the bond holders of any tax
increnent bonds which are or may be issued by the Agency.
V. (Section 500) T.TABTT.TTY A~D INDf~U_FICATICN
In cont~f~lation 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 r~.~on of such entities being parties to an
agreement as defined by Section 895 of said Code, the parties hereto, as
bet~==n thenselves, 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 ~L~loyees by law for injury caused by
negligent or wrongful act or emission 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 induf~.ifies 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.
Exhibit A
IN WITN~ WHEREOF, the ~ency and the City have executed this Agreement as
-- of the date first set forth hereiDabove.
CITY OF P(~AY (CITY)
Carl R. Kruse, Mayor
M~rjorie K. Wahlsten, City Clerk
Stephen M. Eckis, City Attorney
James L. Bowersox, Executive Director
Marjorie K. Wahlsten, Secretary
Exhibit A