Res 11-003RESOLUTION NO. 11 -003
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY
APPROVING AN AMENDED AND RESTATED COOPERATION AND
REPAYMENT AGREEMENT WITH THE POWAY 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, City entered into a Cooperation Agreement with Agency on September
27, 1983 ("Original Cooperation Agreement ") for the purposes described in implementation
of the Original Cooperation Agreement, since the Agency's inception in 1983; and
WHEREAS, City has made loans to the Agency from time to time to not only assist in
the operations of the Agency but to provide funding for redevelopment activities in
accordance with the California Redevelopment Law and Agency has used portions of the
loan proceeds provided by City pursuant to Health and Safety Code Section 33445 and
33679; and
WHEREAS, the City and Agency desire to enter into an Amended and Restated
Cooperation and Repayment Agreement, substantially in the form of Exhibit "A" attached
hereto and incorporated herein (the "Cooperation Agreement "), pursuant to which prior
obligations of the parties are memorialized and the City will render services and /or make
available facilities to assist the Agency in furtherance of the Agency's future 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 City Manager 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.
Section 3. The City Manager is authorized to take any action and execute any and all
documents and agreements necessary to implement the Cooperation Agreement.
PASSED, ADPOTED AND APPROVED at a regular meeting of the City Council of the
City of Poway, State of California, this 18th day of January, 2011.
Don Higginson, May r
Resolution No. 11 -003
Page 2
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution Ito. 11 -003 was duly adopted by the City Council at a
meeting of said City Council on the 18t day of January 2011, and that it was so adopted by
the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Li,ndAA. Troyan, MMC, Citq Clerk
o y City Council
AMENDED AND RESTATED COOPERATION AND
REPAYMENT AGREEMENT REDEVELOPMENT AGENCY
OF THE CITY OF POWAY
This Agreement is made and entered into on January 18, 2011, by and between the
Redevelopment Agency of the City of Poway ( "Agency ") and the City of Poway, a
municipal corporation ( "City ").
A. Recitals
(i) City entered into a Cooperation Agreement with Agency on September 27, 1983
( "Original Cooperation Agreement ") for the purposes described therein and
herein in implementation of the Original Cooperation Agreement. Since the
Agency's inception in 1983, the City has made loans to the Agency from time to
time to not only assist in the operations of the Agency but to also provide
funding for redevelopment activities in accordance with the California
Redevelopment Law, generally, and Health & Safety Code Section 33445,
specifically.
(ii) Parties now wish to amend and restate the Original Cooperation Agreement in
its entirety.
(iii) California Health and Safety Code Section 33126(b) provides that the Agency
may contract with any other agency for the furnishing by the department or
Agency of any necessary staff services associated with or required by
redevelopment and which could be performed by the staff of an Agency.
(iv) California Health and Safety Code Section 33127 provides that the Agency may
obtain, hire, purchase or rent office space, equipment, supplies, insurance, or
services.
(v) City has administrative personnel and necessary facilities required for operation
of the Agency and its projects and programs.
(vi) City has advanced the cost of the installation and construction of public
buildings, facilities, structures and other public improvements ( "Public
Improvements ") of benefit to the project area and for the purpose of elimination
of blight in the project area for public improvements for which the City lacked the
reasonable means of long term financing.
(vii) Agency desires to utilize City's personnel and facilities in order to more
effectively control Agency's costs of the administration of Agency's
redevelopment activities.
B. Agreement
NOW, THEREFORE, the parties hereto agree as follows:
1. City shall provide to the Agency the services of the City's City Manager, City
Attorney, Finance Director, City Clerk, Development Services Director, City
Planner, Public Works Director, City Engineer, Secretary and other personnel on
an as- needed basis to perform services on behalf of the Agency with respect to the
Paguay Redevelopment Project Area (Project Area).
2. City shall provide all facilities and utilities required, including office space,
telephone facilities, equipment, supplies etc. with respect to Agency's
redevelopment operations. Agency shall reimburse the City for the value of the
above - referenced services established in accordance with generally accepted
municipal accounting practices consistent with the California Redevelopment Law.
3. City has and continues to advance funds for the installation and construction of
Public Improvements that are of benefit to the Project Area and contribute to the
eradication of blight in the Project Area in accordance with and as identified in the
resolutions adopted by the parties pursuant to Health and Safety Code Section
33445.
4. 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 and each enabling resolution, as
applicable. 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.
5. The current amount of long term debt as of June 30, 2010 between the City and
Agency pursuant to the Original Cooperation Agreement is $18,567,472 as set
forth in Exhibit "A ", The City Council and Redevelopment Agency authorize the
City Manager and Executive Director to (1) execute any and all documents
required to evidence said loans or reimbursement obligations and any future loans
and /or reimbursement obligations incurred in connection herewith; and (2) repay
all loan and /or reimbursement agreement principal and accrued interest from all
unencumbered tax increment and other miscellaneous revenue generated from
the Paguay Redevelopment Project Area until such time that the principal and
accrued interest have been paid in full.
6. Upon adoption of a resolution by the City Council and Redevelopment Agency
pursuant to Health & Safety Code 33445 (as described above), the City and
Agency shall enter into reimbursement or loan agreements, as applicable, to reflect
the obligations of the Agency and City pursuant to such 33445 resolution.
7. The Agency's obligations under this Agreement, including without limitation the
Agency's obligation to make the payments to the City required by this
Agreement, shall constitute an indebtedness of the Agency for the purpose of
carrying out the Redevelopment Plan for the Project Area and are obligations to
make payments authorized and incurred pursuant to Section 33445. The
obligations set forth in this Agreement are contractual obligations that, if
breached, will subject the Agency to damages and other liabilities or remedies.
8. This Agreement shall supersede any prior agreement between the parties hereto
dealing with the subject matter of this Agreement.
WHEREFORE, the parties hereto have executed this Agreement as of the date
and year set forth below opposite the name of such party.
CITY OF POWAY
Attest:
d Troyan, City CI
Dated: Z
Approved As to Form:
P. dark /Jr., Agency Special Counsel
Page 3
DOCSOC/1460295v2/022345 -0000
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