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Home My WebLink AboutRDA RES 292RESOLUTION NO. 292 A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY APPROVING THE PAYMENT BY THE AGENCY FOR THE COST OF PROJECT NO. 926, THE UNDERGROUNDING OF UTILITIES AT LAS PALMAS AVENUE AND HIGHWAY 111 THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et ses.), and in particular Section 33445 thereof, the Palm Desert Redevelopment Agency proposes to pay for all or part of the cost of undergrounding electrical utilities at the intersection of Las Palmas Avenue and Highway 111, as set forth and described in that contract between the City and Hood Communications, Inc. for Project 926 dated December 17, 1993 and attached hereto as Exhibit A. The subject intersection is located in Project Area No. 1, as amended (the "Project Area"). The undergrounding of the electrical utilities at the subject intersection will remove the existing electrical poles and structures at the subject intersection, thereby enhancing the desirability of the surroundings and removing obstructions at the intersection. The undergrounding of utilities is also consistent with the City's ultimate goal to underground all utilities in the City. The undergrounding of the electrical utilities will improve the aesthetics of the area and remove obstructions at the intersection, all for the benefit of the health, safety and welfare of the residents and taxpayers of the City, the Project Area and the immediate neighborhood. Section 2. The budget constraints of the City prevent the City from reasonably financing the cost of such undergrounding by any means. Traditional methods of financing such improvements such as general obligation bonds are not available as a practical matter because of the extraordinary voter approval requirement. Special assessment or special tax financing could overburden benefitting properties with assessments or taxes which would be added to existing taxes and assessments. Section 3. The Agency hereby finds and determines that based upon the foregoing and other information presented to the Agency: (i) the undergrounding of the electrical utilities as described in Section 1 will be of benefit to the Project Area and the immediate neighborhood in which the project is located, (ii) the payment of funds for the cost of such improvements will assist in the elimination of one or more blighting conditions inside the Project Area by improving the aesthetics of the area and removing obstructions at the intersection, and (iii) no other reasonable means of financing the undergrounding of the electrical utilities in Section 1 are available to the City. 940228 P6402-00001 dtt 1891588 0 RESOLUTION NO. 292 Section 4. The Agency hereby approves payment by the Agency for all or part of the cost of undergrounding the electrical utilities described in Section 1 from any revenues of the Agency lawfully available therefor. Section 5. The Agency further authorizes the execution by the Agency of documents necessary to allow the Agency to pay for the undergrounding of the utilities described in Section 1, including, without limitation, the assignment to the Agency of the contract between the City and Hood Communications, Inc. attached hereto as Exhibit A. PASSED, APPROVED and ADOPTED this lOth day of March , 1994. AYES: CRITES, KELLY, SNYDER, WILSON NOES : NONE ABSENT : BENSON ABSTAIN : NONE saozzs r6eoZ-0000i an �s9issg o - 2- RESOLUTION NO. 292 EXHIBIT "A" 940228 P6402-00001 dtt 1891588 0 — 3 — ' RESOLUTION NO. 292 f ' _ .�I I .� : THIS AGREBI�NT is made and entered into this 17th day of December , 19�, by and between City of Palm Desert, California, hereafter called "Owner", and Hood Communications. Inc., hereinafter called "Contractor". W I T N E S S 8 T H �-� _- 1. Contractor has submitted to Owaer its Contractor's Proposal for the construction of Owners Project. PROJECT N0. 926, LAS PALMAS AVENIIB AT HIGHWAY 111 ELECTRICAL ONDSRGROUNDING PROJECT in strict accordance with the Contract Documente identified below and Owner has accepted said Proposal. 2. Contractor states that it has re-examined ita Contractora's Proposal and found it to be correct, has ascertained that its subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documeats for ths money set fortb in its Proposal to be paid as provided in the Contract Documents. � �e�' �Y IT IS AGREED BY THE PARTIBS AS P'OLLOWSs 1. Contract Documents: The entire contract consist of the following: (a) The Aqreement; (b) The Notice Invitinq Bids; (c) The Instructions to eiddere; (d) The Contractors Proposal; (e) The Hidder's Bond; (f) The Performance Bond; (q) The Labor and Material Bond; (h) The General Conditions; (i) The Special Provisions; (j) The standard Specifications as modified in other portions of the Contract Dxuments; (k) The Plans; (1) Addenda Nos. 1 6 2 ;(m) The Determi.nation of Prevailinq Wage Rates for Public Work; (n) Any Chanqe Orders issued; (o) Any additional or supplemental specifications, notices, inetructions and drawinqs issued in accordance with the provisions of the Contract Documenta. All of said Documents preaently in existence are by this reference incorporated herein with like effects if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. The Bid Bond is exonerated upon execution of this Aqreement, the Payment Bond, and the Faithful Performance Bond. 2. Contractor shall conmience the work within ten calendar days after the date of the Notice to Proceed and will do all things neceseary to construct the work qenerally described in Recital No. 1 in accordance with the Contract Dxuments and will complete said work within thirty (30) workinq daye from the Notice to Prxeed date to the satisfaction of the Enqineer. • G-1 � RESOLUTION NO. 292 IN WITNESS WHERSOF the parties h�reto have executed of cauaed to be executed by their duly authorized official�, this Aqreement which ahall be deemed an oriqinal on the date firet above written. BY ( NAI� ) : TITLE: ATTEST BY: NAME: TITLE: OWNER: BY: TITLE: MAYOR - CITY OF PALM DESERT [SEAL] TITLE: CITY CLERR - CITY OF PALM DESERT G-3 �- �: •;: �:i�l+ �� SECRETARY/TREASURER (Company Officer)