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Home My WebLink AboutRDA RES 252RESOLUTION N0. 252 A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY APPROV[NG PAYMENY BY THE AGENCY FOR THE VALUE OF THE LAND FOR AND THE COST OF THE INSTAILATION AND CONSTRUCTION OF A BRIDGE AND DECLARING ITS INTENTION TO CAUSE TO BE REIMBURSED FROM THE PROCEEDS OF TAX-EXEMPT BONDS MONEYS OF THE CITY TO BE EXPENDED IN AOVANCE FOR SUCH PURPOSE THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The City and the Palm Desert Redevelopment Agency intend to cooperate and cause to be installed and constructed a bridge over the Whitewater Channel at Cook Street. Such instaliatlon and construction is being undertaken pursuant to, among other things, the Redevelopment Plan for Project Area No. 3 of the Agency. Pursuant to prior understandings and budget considerations of the City and the Agency, the cost of the necessary rights-of-way and the installation and construction of such bridge have been allocated to the Agency. No moneys of the City or the Agency are, or are reasonabiy expected to be, available on a long-term basis under the respective budgets of the City or the Agency to pay for such costs. — Sectfon 2. The Agency wili issue, or cause to be issued. tax-exempt bonds secured by and payable from taxes ailocated to the Agency from Project Area No. 3, and the proceeds of such bonds wtll be used to pay for the costs related to such bridge. The City expects that it will advance and thereby incur certain costs in connection Kith the necessary rights-of-way and the installation and construction of the bridge prior to the issuance of such bonds. The costs of the necessary rights-of-way and the installation and construction of the bridge Nili be paid from moneys on hand in the Year Z000 Capital Project Fund (Fund 400) of the City's Genera{ Fund. Section 3. The Agency hereby declares its inte�tion to reimburse the Year Z000 Capital Project Fund (Fund 400) of the City's General Fund the cost of the necessary rights-of-way and the installation and constructian of such bridge by the Agency. The City intends that such reimbursement be made from the proceeds of tax-exempt bonds to be issued or caused to be issued by the Agency and payable from taxes allocated to the Agency from its Project Area No. 3. Section 4. The installation and construction of such bridge will improve traffic circulation and flood control, all for the benefit of the health, sefety, and welfare of the residents of, visitors to and taxpeyers 1n Project Area No. 3. RESOLUTION N0. 252 Section 5. The total cost of the acquisition of the necessary rights-of-way and the installation and construction of such bridge is estimated to be $3,000,000. The total budget of the City for pubiic works capitel improvements in the nature of the bridge is $0, and other budget constraints of the City preciude the City from financing the cost of the acquisition of the necessary rights-of-way and the installation and construction of such bridge. Because of the extraordinary majority voter approval requirements, the City is unable as a practical matter to finance public works capital improvements such as the bridge with general obligation bonds. Special assessments to pay for the cost of such bridge would be inapproprtate because of its general, rather than special, beneftts. Section 6. The Agency hereby finds and determines (i) that such br i dge i s of benef i t to Pro ject Area No. 3 of the Agency, and (ii) that no other reasonable means of financing the acquisition of the necessary rights-of-way and the installation and construction of the bridge is available to the City. Section 7. The Agency hereby approves payment for all or part of the value of the land for and the cost of the installation and construction of such bridge by the Agency. The Reimbursement Agreement attached hereto as Exhibit A is hereby approved and the Chairman and Secretary are hereby authorized to execute the Reimbursement Agreement for and in the name of and on behalf of the Agency. PASSED, APPROVED AND ADOPTED this 12th day of December, 1991. AYES: NOES: ABSENT: ABS7AIN: A'TTEST: _ t 1 `�l,; r � SHEILA R. GIL IGAN, CI BENSON, CRITES, SNYDER, WILSON, KELLY NONE NONE NONE �- RIC ARD S. KELLY, MAYOR CLERK � f�esolufion No. 252 CUI�'RAC'1' NU. UU-.7`1t F REIMBURSEMENT AGREEMENT This Agreement is made as of December 12� 1991, by and betaeen the City of Palm Desert and the Palm Desert Redevelopment Agency. The parties hereto agree as follows: R E C I T A L S A. The Agency has undertaken a program for the redevelopment of blighted areas in the City and, in thet regard, the Agency proposes to pay for a 1 1 or part of the va 1 ue of the land for and the cost of the installation and construction of certain public facilittes for the benefit of the Project Area. B. California Health end Safety Code Section 33d45 provides that the Agency may pay all or part of the value af the land for and the costs of the installation and construction of certain facilities which are publicly owned. C. The City and Agency desire to enter into this Agreement to provide for reimbursement to the City by the Agency for all or part of the value of the land for and the cost of the installation and construction of a bridge across the Whitewater Channel at Cook Street. Section 1. Defi�itions. The following terms shall have the following meaning, unless the context requires otherwise: "Agency" means the Palm Desert Redevelopment Agency. "Agreement" means this Reimbursement Agreement. "Br i dge" means the br i dge to be i nsta 1 1 ed and constructed across the Whitewater Channel at Cook Street. "City" means the City of Palm Desert, and means both the area within the corporate limits of the City and the City as a municipal corporetion. "Project Area" means the territory included within Project Area No. 3 of the Agency. "7ax Revenues" means the taxes allocated to the Agency pursuant to California Health and Safety Code Section 33670 from the Project Area. Section 2. Purpose of the Agreernent. The purpose of th4s Agreement is to provide for the advance by the City and the re i mbursement by the Agency of the cost of the acqu i s it ion of necessary rights-of-way and the installation and construction of the Bridge. Pursuant to this Agreement, the Agency agrees to pay to or for the benefit of the City the cost of acquiring the Resolufion No. 252 ,--, � necessary rights-of-way, inciuding payment of reiated costs as permitted by law, and agrees to pay to or for the benefit of the City the cost of the installation and construction of the Bridge. Sectton consideration of best efforts to purchase. 3. Acquisition of Necessary Rights-of-Way. In this Agreement, the City agrees to exercise its acquire necessary rights-of-way by negotiated Section 4. Construction. The City shall perform all required preparatory work for the construction of the Bridge, and shall construct, or cause to be constructed, the Bridge. The City shall retain a person or entity experienced in the design and construction of bridges to undertake the design of the Bridge and to prepare plans and specifications therefor. The City shali, in accardance with ali applicable federal, State and local laws, rules and regulations, construct, or cause to be constructed, the Bridge in accordance with such plans and specifications. Section 5. Nonliability of Officials and Employees. No Agency member, Councilmember. and no official, agent, or employee of the Agency or the City shall be personally liable to the other parties, or any successor in interest, in the event of any default or breach by the Agency or the City, or for any amount which may become due to the City or Agency, or successor, or on any obligations under the terms of this Agreement. Section 6. Aaency to Pay Ali Costs. Subject to the provisions of this Agreement, the Agency and the City hereby agree that the Agency shall reimburse the City for the costs of acquisition of any necessary rights-of-way, and the Agency shall reimburse the City for the costs of construction of the Bridge, which costs shall not exceed $3,000,000 without amendment of this Agreement. Section 7. Reimbursement bv A9encv. The Agency shall reimburse the City all sums advanced by the City pursuant to this Agreement. Such reimbursement shall be repaid to the City from the proceeds of obligations of the Agency, or obligations of other public enLities, secured by and payable from the Tax Revenues. At the option of the Agency, the Agency may repay the City for such costs by periodic payments over a period of years, or a combination of the foregoing. The Agency shall pay interest to the City on the unpaid balance at the average rate of interest the City earns on its funds. The emount of any periodic payment shall not be less than the Tax Revenues available therefor after payment by the Agency of debt service and reserve requirements on all prior outstanding loans, moneys advanced to, or other indebtedness of the Agency (whether funded, refunded, assumed or otherwise) payable from the Tax Revenues. Any amounts paid shall first be credited to annual interest. 2 Iresolution No. 252 r Section 8. Reimbursement Costs. The City shali from time to time submit to the Agency statements of the emounts incurred by the City and due to be paid by the Agency pursuant to this Agreement. Such amounts may include progress payments. Within a reasonable time after the submission of each such statement, the Agency shall pay to or for the benefit of the City all amounts due thereunder pursuant to this Agreement. Section 9. Obligation to Refrain from Discrimination. The City covenants and agrees for itsetf, fts successors, assigns and every successor in interest to the rights-of-way end the Br i dge, or a�y part thereof , that there sha l l be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, religion, marital status, sex, age, national origin, or encestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the rights-of-Nay and the Bridge nor shali the City, or any person ciaiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, locatian, number use or occupancy of rights-of-way and the Bridge. The City shall refrai� from restricting the rental, sale or lease of the rights-of-way and the Bridge on the basis of race, color, creed, religion, marital status, age, sex, national origin, or ancestry of any person. All such deeds, leases or contracts for the sale, lease, sublease or other transfer of the rights-of-way end the Bridge shall contain or be subject to substantially the following nondiscrimtnation or nonsegregatlon clauses: A. In deeds: "The grantee herein covenants by and for itself, its successors and assigns, and al1 persons claiming under or through them, that there shall be no discrimination egainst or segregation of, and person or group of persons on account of race, color, creed, religion, sex, marital status, age, national origin, or ancestry in the sale, lease, sublease, transfer, use. occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee itself or any persons claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees on the lend herefn conveyed. The foregoing covenants shall run With the land." B. !n leases: "The lessee herein covenants by and for itse)f, its successors and assigns, end all persons claiming under or through them, and this lease is made and accepted upon and sub,3ect to the following condittons: 3 R�sol'u.tion No. 252 .� � lease is made and accepted upon and subject to the followi�g conditions: That there shall be no dfscrimfnetion against or segregation of any person or group of persons, on account of race, color, creed, religion, marital status, age, sex, natlonal origin, or a�cestry, in the ieasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the land herein ieased nor shail the lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees. subtenants, or vendees on the land heretn leased," Section ]0. Future Cooperation. The parties hereto agree to take all appropriate steps and execute any documents which may reasonably be necessary or convenient to implement the intent of this Agreement. ATTEST: � ,�:�� . �/ ; .. ; ° ��, -�.,��.� Sheila R. Gill gan, Ci Clerk � ATTEST: � � v � 1' / / ' C..� -I, l�/_:% .�'.�� '.��' :�.i Sheila .�Gilliga , 5ecretary CITY OF PALM DESERT Ric ard S. ly, Mayor PALM DESERT REDEVELOPMENT A G E.H'L`Y . / � /I / �i , R i c'fierd S. Ke 1 1 y; Cha i rma 4