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Home My WebLink About1985-07-30; City Council; 8628; Public Works Agreement Redevelopment ProjectCIT’c3F CARLSBAD - AGENDA -3lLL RB#~ TITLE: MTG 7/30/85 . DEPT. RED PUBLIC WORKS AGREEMENT CARLSBAD REDEVELOPMENT PROJECT CITY MGR.rkL RECOMMENDED ACTION: City Council adopt Resolution No. r/$/authorizing the execution of a Public Works Agreement between the Carlsbad Redevelopment Commission and the City of Carlsbad. ITEM EXPLANATION A Public Works Agreement is necessary to make public improvements in the Redevelopment Project Area eligible to be financed by tax increment monies or tax allocation bonds. The agreement makes certain findings necessary under Community Redevelopment Law. The most significant finding is that the improvements are of benefit to the Project Area and that no other reasonable means of financing such improvements are available to the community. The improvements are: Central Business Storm Drain $900,000 Property Acquisition- Roosevelt Street $537,500 Parking Lot Improvements $ 65,000 Sidewalk Improvements $250,000 Alley Improvements $174,000 City Council is asked to authorize the execution of the Public Works Agreement. FISCAL IMPACT This action authorizes the use of tax increment funds, including tax allocation bonds, to finance public improvements in the Redevelopment Project Area. EXHIBITS l- Resolution No. bla 2- Public Works Agreement - Carlsbad Village Redevelopment Project . . . -” RESOLUTION NO. 8125 RESOLUTION OF THE CITY COUNCIL OF THE OF CARLSBAD AUTHORIZING THE EXECUTION OF A PUBLIC WORKS AGREEMENT WITH THE CARLSBAD REDEVELOPMENT AGENCY RELATING TO PUBLIC IMPROVEMENTS IN THE CARLSBAD VILLAGE REDEVELOPMENT PROJECT. WHEREAS, by Ordinance No. 9591 adopted July 21, 1981, the 6 City council of the City of Carlsbad adopted and approved a certain 7 Redevelopment Plan (the "Redevelopment Plan") for the Carlsbad 8 Village Redevelopment Project, (the "Project"); and 9 WHEREAS, pursuant to the Community Redevelopment Law of 10 the State of California (Health and Safety Code Section 33000 11 et seq.), the Carlsbad Redevelopment Agency (the "Agency") is 12 carrying out the Redevelopment Plan for the Project in the ' 13 redevelopment project area (the "Project Area"); and 14 WHEREAS, in furtherance of the Project, the Commission and 15 the City desire to enter into an agreement under which the City 16 will install and construct certain storm drain and other public 17 improvements and facilities to serve the Project (the "Improvements") 18 as described in Exhibit A attached to said agreement, and the 19 Agency will pay the City for all costs of such Improvements by 20 periodic payments over a period of years; and 21' WHEREAS, the Improvements are of benefit to the Project 22 Area in that the project area has inadequate flood protection 23 thereby decreasing the likelihood of private redevelopment; and 24 WHEREAS, no other reasonable means of financing such 25 Improvements are available to the community: 26 NOW, THEREFORE, the City Council of the City of Carlsbad 27 does resolve as follows: 28 SECTION 1. The City Council hereby determines that the d . . 1 2 3 4 8 9 10 Improvements are of benefit to the Project Area and that no other reasonable means of financing such Improvements are available to the community, and hereby consents to undertaking of construction and installation of the Improvements in accordance with the Public Works Agreement (the "Agreement"), in form attached to this resolution and incorporated herein by reference. The determination that the Improvements will benefit the Project Area is based upon the fact that (the Improvements will assist in remedying the lack of adequate public improvements, facilities and utilities as specified in the Report of the Agency to the City Council on the Redevelopment Plan.) SECTION 2. The Mayor is hereby authorized to execute the Agreement on behalf of the City. PASSED, APPROVED AND ADOPTED at a regular meeting of the 11 City Council of the City of Carlsbad held on the 30th day of July, 12 1985, by the following vote, to wit: I 13 AYES: Council Msn&ers Casler, Lewis, Kulchin, Chick and Pettine 14 NOES: I%XZ 15 ABSENT: None 16 17 18 ABSTAIN: ATTEST: MARY H. ;,wSLER, Mayor A)&THA L .'Fu.!.ENKR#@Z, dity&'lerk 21 22 (SEAL) /I 23 ///I /I 24 ///I /I 25 26 //I/ ///I 27 28 3 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 the 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 1 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 - X-L the Commission is carrying out the Redevelopment Plan for the Project in the redevelopment project area (the "Project 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 in the Project Area of conditions causing blight. D. In furtherance of the Project, the Commission and the City desire to enter into an agreement under which the City will install and construct certain storm drain and other public improvements and facilities to serve the Project (the "Improvements") as described in Exhibit A attached hereto and - 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. Aqreements The Commission and the City hereby agree as follows: 1. Public Improvement Work. I Within the Project Area, the City shall cause to be designed, constructed and installed the storm drains and other 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 the Commission for its approval. The City shall acquire land and other property interests as necessary in order to complete the Improvements. The City's obligation hereunder is conditioned upon the receipt of sufficient funds from the Commission under 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 contemplate 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 of 5755p/2062/09 . -2- 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 Aqency. In consideration of the undertakings of the City under 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 the I 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 to the City in semi-annual installments, as said funds are available to the Commission, or in such other amounts and times 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 pledging of tax allocations from the Project to repay such indebtedness, 5755p/2062/09 -3- under the provisions of Section 16 of Article XVI of the California Constitution and Sections 33670-33674 of the Health, 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 incurred by the Commission in carrying out the Project. 4. Liability and Indemnification. Pursuant to Section 895.4 of the Government code, the Commission and the City agree that each will assume the full f 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 Aqreement. This Agreement and the obligations of the City and the Commission hereunder shall terminate upon the completion of the Improvements by the City. At such time, any moneys paid by the Commission to the City hereunder and not needed by the City to 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- ‘ and the City hav’ the co* ission MZTNESS VJHEREOF ' hove written* of the aate first a ent as &S Agreen CITY OF CAR@-* I . . EXHIBIT A 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 3