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Home My WebLink About1985-07-30; Housing & Redevelopment Commission; Resolution 54c 1 2 3 4 5 8: m RESOLUTION NO. 54 RESOLUTION OF THE CARLSBAD HOUSING AND REDEVELOPMET COMMISSION AUTHORIZING THE EXECUTION OF A PUBLIC WORKS AGREEMENT WITH THE CITY OF CARLSBAD RELATING PUBLIC IMPROVEMENTS IN THE CARLSBAD VILLAGE REDEVELOPMENT PROJECT. WHEREAS, by Ordinance No. 9591 adopted on July 21, l! 6 Carlsbad Village Redevelopment Project, (the "Project"); a 8 a certain Redevelopment Plan (the "Redevelopment Plan") fo 7 the City Council of the City of Carlsbad adopted and appro. 9 WHEREAS, pursuant to the Community Redevelopment Law 10 the City desire to enter into an agreement under which the 15 WHEREAS, in furtherance of the Project, the Commissi 14 Area"); and 13 for the Project in the redevelopment project area (the "Pr 12 et seq.), the Commission is carrying out the Redevelopment 11 the State of California (Health and Safety Code Section 33 Commission will pay the City for all costs of such Improve 19 as described in Exhibit A attached to said agreement, and 18 improvements and facilities to serve the Project (the "Imp 17 will install and construct certain storm drain and other p 16 20 by periodic payments over a period of years; and I/ 21 WHEREAS, the Improvements are of benefit to the Proj 22 Improvements are available to the community; 25 WHEREAS, no other reasonable means of financing suck 24 thereby decreasing the likelihood of private redevelopment 23 Area in that the Project Area has inadequate flood protect SECTION 1. The Commission hereby determines that tk 28 Commission does resolve as follows: 27 NOW, THEREFORE, the Carlsbad Housing and Redevelopmc 26 . m m 1 2 3 4 5 6 7 8 9 Improvements are of benefit to the Project Area and no other reasonable means of financing such Improven are available to the community, and hereby requests consent of the City Council to undertake the constn and installation of the Improvements in accordance M the Public Works Agreement (the "Agreement"), in for attached to this resolution and incorporated herein reference. The determination that the Improvements benefit the Project Area is based upon the fact that Improvements will assist the remedying the lack of E public improvements, facilities and utilities as spc in the Report of the Commission to the City Council Redevelopment Plan. SECTION 2. The Chairman of the Housing and Redevel Commission is hereby authorized to execute the Agree I on behalf of the Commission. I 10 PASSED, APPROVED AND ADOPTED, at a special meeting c 11 1985, by the following vote, to wit: 12 Housing and Redevelopment Commission held on the 30th day NOES: None 14 AYES : Catmissioners Casler, Lewis, Kulchin, Chick and Pettir 13 ABSENT : None 15 16 17 ABSTAIN : mne 18 (ATTEST: yfr /J Ed ASLER, Chail 22 23 24 25 26 27 28 (SEAL) //// //// //// //// m rn PUBLIC WORKS AGREEMENT CARLSBAD VILLAGE REDEVELOPMENT PROJECT THIS AGREEMENT is entered into this 30th day of July, 1985, by and between the CARLSBAD REDEVELOPMENT COMMISSION, a public body, corporate and politic, (the "Commission"), and th CITY OF CARLSBAD, a municipal corporation (the "City"). Recitals A. By Ordinance No. 9591 adopted on July 21, 1981, the City Council of the City of Carlsbad adopted and approved a certain Redevelopment Plan (the "Redevelopment") for the Carlsbad Village Redevelopment Project (the "Project"). B. Pursuant to the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 - et s.), the Commission is carrying out the Redevelopment Plan for the Project in the redevelopment project area (the "Projec Area") . C. Under the Redevelopment Plan, the City shall aid and cooperate with the Commission in carrying out the Project and take actions necessary to ensure the fulfillment of the purposes of the Plan and to prevent the recurrence or spread : the Project Area of conditions causing blight. D. In furtherance of the Project, the Commission and th' City desire to enter into an agreement under which the City will install and construct certain storm drain and other pub1 improvements and facilities to serve the Project (the "Improvements") as described in Exhibit A attached hereto and m m incorporated herein, and the Commission will pay the City for all costs of such Improvements by periodic payments over a period of years according to the terms of this Agreement. E. The Commission and the City Council of the City have determined that the Improvements are of benefit to he Project Area and that no other reasonable means of financing such Improvements are available to the community. Agreements The Commission and the City hereby agree as follows: 1. Public Improvement Work. Within the Project Area, the City shall cause to be designed, constructed and installed the storm drains and othe public improvements and facilities which are specified in Exhibit A. Said Improvements shall be constructed and installed in the priority directed by the Commission in a satisfactory and proper manner pursuant to plans and specifications to be prepared by the City and submitted to th Commission for its approval. The City shall acquire land and other property interests as necessary in order to complete th Improvements. The City's obligation hereunder is conditioned upon the receipt of sufficient funds from the Commission unde Section 2 of this Agreement, and the City shall be under no obligation to commence and complete any of the Improvements until it has adequate funds therefor. The parties contemplat that the cost of the Improvements will be approximately the amounts shown on Exhibit A, but it is understood that said amounts are estimates only and that the actual costs of any o 5755p/2062/09 -2- m m the Improvements will be determined at the time said Improvement is undertaken by the City. Upon completion of any of the Improvements, the City shall submit a statement to the Commission indicating the actual costs therefor. 2. Payment by the Agency. In consideration of the undertakings of the City unde Section 1 of this Agreement, and after first making adequate provision for the annual payment of principal and interest due on any bonds or other indebtedness of the Commission which may be incurred by the Commission in carrying out the Project and for which the annual tax allocations to the Commission from th Project (the "Tax Allocations") are pledged or committed, the Commission shall pay to the City such Tax Allocations in order to provide the City with sufficient moneys to undertake the Improvements. The Commission shall pay the Tax Allocations tc the City in semi-annual installments, as said funds are available to the Commission, or in such other amounts and timc as the parties may agree. The City shall deposit the Tax Allocations into a special fund of the City which shall earn interest. The Commission shall have no liability hereunder except as set forth in this Section 2 after first making adequate provision for annual payments of principal and interest payments on bonds and other indebtedness of the Commission secured by said tax allocations. 3. Indebtedness of Agency. This Agreement constitutes an indebtedness of the Commission incurred in carrying out the Project, and a pledgir of tax allocations from the Project to repay such indebtednesr 5755p/2062/09 -3- >m m under the provisions of Section 16 of Article XVI of the California Constitution and Sections 33670-33674 of the Healt and Safety Code: provided, however, that such pledge of tax allocations shall always be subordinate and subject to the right of the Commission to pledge or commit tax allocations from the Project to repay bonds or other indebtedness incurre by the Commission in carrying out the Project. 4. Liability and Indemnification. Pursuant to Section 895.4 of the Government code, th Commission and the City agree that each will assume the full liability imposed upon it or any of its officers, agents or employees for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, and each party agrees to indemnify and hold harmless the other party for any loss, cost or expense that may be imposed upon such other party by virtue of Sections 895.2 and 895.6 of the Government Code. 5. Termination of Agreement. This Agreement and the obligations of the City and t Commission hereunder shall terminate upon the completion of t' Improvements by the City. At such time, any moneys paid by t Commission to the City hereunder and not needed by the City t pay for the Improvements, as well as any interest earned on said sums, shall be returned by the City to the Commission. 5755p/2062/09 -4- rn " IN WITNESS WHEREOF, the Commission and the City have executed this Agreement as of the date first above written. CARLSBAD HOUSING AND REDEVE.OPMENT CO MISSION BY 4 L@"L,-.7 A- .? - Lcr--.J,b4." /z ,7 BY a 1. BY '/"1i+ 1". f y;/ LU4'L 4 'Secretary 1 Cha i rman r) CITY OF CARLSBAD ATTEST : City Clerk / Mayor 5 5755p/2062/09 -5- m m EXHIBIT IMPROVEMENTS COST ESTIMATE Central Business Storm Drain $900,000 Property Acquisition - Roosevelt St. $537,500 Parking Lot Improvements - Roosevelt St. $ 65,000 Sidewalk Improvements $250,000 Alley Improvements $174,000