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HomeMy WebLinkAboutR30550 Resolution 2011-3 and 579 - Agency to Reimburse City for Identified Projects, Administrative, and Overhead ExpensesCITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT AMENDED 1-17-11 JOINT CONSIDERATION REQUEST: ADOPT RESOLUTION NOS. 2011-3 AND 579 APPROVING AGREEMENTS BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT REDEVELOPMENT AGENCY FOR THE PAYMENT BY THE AGENCY FOR THE VALUE OF THE LAND rD FOR AND THE COST OF INSTALLING AND CONSTRUCTING PUBLICLY OWNED IMPROVEMENTS, MAKING FINDINGS IN � pry.: CONNECTION THEREWITH, AND FOR THE PAYMENT BY THE AGENCY OF ADMINISTRATIVE Q CI AND OVERHEAD EXPENSES SUBMITTED BY: JUSTIN MCCARTHY, ASSISTANT CITY MANAGER >- m ,� c_ DATE: January 17, 2011 CONTENTS: Resolution Nos. 2011-3 and 579 ® > ,p Recommendation: That the City Council waive further reading and adopt Resolution No. 2011-3 That the Agency Board waive further reading and adopt Resolution No. 579 Discussion: Staff is recommending approval of an agreement to reimburse identified projects and administrative and overhead expenses. The proposed Advance and Reimbursement Agreement for the public improvements is a governmental funding mechanism and does not involve the City's commitment to any specific improvement, thus the Agreement is not a project for purposes of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378(b)(4). 2 ubmitted,by: -7Jus in McCarthy Assistant City Manager A. Wohlmuth tive Director G:\RDAUANET MOORE\STAFF REPORMEMERGENCY 1-17-11.DOC Paul S. Gibson Director of Finance Affycou"C'"M014 PPROVED DEN", AYES: NOES: ABSENTS C7� ABSTAIN: VERIFIED BY:.." Original on Fite with Office RESOLUTION NO.2011 — 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING AN AGREEMENT WITH THE PALM DESERT REDEVELOPMENT AGENCY FOR THE PAYMENT BY THE AGENCY FOR THE VALUE OF THE LAND FOR AND THE COST OF INSTALLING AND CONSTRUCTING PUBLICLY OWNED IMPROVEMENTS, MAKING FINDINGS IN CONNECTION THEREWITH, AND APPROVING AN AGREEMENT WITH THE AGENCY FOR THE PAYMENT BY THE AGENCY OF ADMINISTRATIVE AND OVERHEAD EXPENSES THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Palm Desert Redevelopment Agency (the "Agency") is a duly constituted redevelopment agency under the laws of the State of California and pursuant to such laws is responsible for the administration of redevelopment activities within the City of Palm Desert ("City"). Section 2. The Agency is undertaking a program to redevelop its redevelopment project areas known as Project Area No. 1, Project Area No. 2, Project Area No. 3, and Project Area No. 4 (each individually, a "Project Area"; and collectively, the "Project Areas") (the "Project Area"). Section 3. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et sue.), the Agency proposes to pay for the value of the land for and the cost of installing and constructing the public improvements (collectively, the "Improvements") set forth on Exhibit A of the agreement described in Section 5 hereof (the "Improvements Agreement"). Section 4. Based on information presented to the City Council, the City Council makes the following findings: (a) With respect to each Project Area, the acquisition of land and the installation and construction of the respective Improvements relating to the applicable Project Area, as set forth in Exhibit A of the Improvements Agreement, are of benefit to the Project Area by helping eliminate blight within the Project Area or providing housing for low or moderate income persons. (b) The payment of funds for the acquisition of land and the installation and construction of the Improvements is consistent with the Agency's implementation plans adopted pursuant to Health and Safety Code Section 33490. P6402-0001\1319412v1.doe RESOLUTION NO.2011 - 3 (c) No other reasonable means of financing the acquisition of the land or the installation and construction of the Improvements are available to the City, including but not limited to the Mello -Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code). (d) With respect to those Improvements which are located outside and not contiguous to the related Project Area shown on Exhibit A of the Improvements Agreement, if any, and which are not an obligation of the Agency under a contract existing on December 31, 2009, specifically described in the implementation plan prepared by the Agency as of July 1, 2009 pursuant to Health and Safety Code Section 33490, or specifically provided for in the redevelopment plan for the applicable Project Area as of December 31, 2009, the acquisition of land or the installation and construction of the Improvements are of benefit to the related Project Area shown on Exhibit A of the Improvements Agreement, respectively, by helping eliminate blight within the related Project Area or will directly assist in the provision of housing for low or moderate income persons and the payment of funds for the acquisition of land and the installation and construction of the Improvements is provided for in the redevelopment plan for the related Project Area. Section 5. The City Council hereby approves payment by the Agency for the acquisition of the land and the cost of the installation and construction of the Improvements pursuant to the Advance and Reimbursement Agreement presented to the City Council at this meeting and on file in the office of the City Clerk. The Advance and Reimbursement Agreement is hereby approved in the form on file and the Mayor (and any other officer of the City authorized to sign agreements pursuant to an ordinance adopted in accordance with Government Code Section 40602) (each, an "Authorized Officer") is hereby authorized, acting singly, to execute and deliver the Advance and Reimbursement Agreement in substantially said form with such changes therein as the Authorized Officer executing the same may approve (such approval to be conclusively evidenced by the execution and delivery thereof). Section 6. The City Council hereby approves payment by the Agency for administration and overhead expenses pursuant to the Agreement for Advance and Reimbursement of Administrative and Overhead Expenses presented to the City Council at this meeting and on file in the office of the City Clerk. The Agreement for Advance and Reimbursement of Administrative and Overhead Expenses is hereby approved in the form on file and each Authorized Officer is hereby authorized, acting singly, to execute and deliver the Agreement for Advance and Reimbursement of Administrative and Overhead Expenses in substantially said form with such changes therein as the Authorized Officer executing the same may approve (such approval to be conclusively evidenced by the execution and delivery thereof). -2- P6402-000 h 1319412v Ldoc RESOLUTION NO.2011 - 3 Section 7. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to effectuate the purposes of this Resolution, and any such actions previously taken by such officers are hereby ratified and confirmed. PASSED, APPROVED and ADOPTED this day of 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN M. BENSON, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA -3- P6402-0001\1319412v1.doc RESOLUTION NO. 579 A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY APPROVING AN AGREEMENT WITH THE CITY OF PALM DESERT FOR THE PAYMENT BY THE AGENCY FOR THE VALUE OF THE LAND FOR AND THE COST OF INSTALLING AND CONSTRUCTING PUBLICLY OWNED IMPROVEMENTS, MAKING FINDINGS IN CONNECTION THEREWITH, AND APPROVING AN AGREEMENT WITH THE CITY FOR THE PAYMENT BY THE AGENCY OF ADMINISTRATIVE AND OVERHEAD EXPENSES THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Palm Desert Redevelopment Agency (the "Agency") is a duly constituted redevelopment agency under the laws of the State of California and pursuant to such laws is responsible for the administration of redevelopment activities within the City of Palm Desert ("City"). Section 2. The Agency is undertaking a program to redevelop its redevelopment project areas known as Project Area No. 1, Project Area No. 2, Project Area No. 3, and Project Area No. 4 (each individually, a "Project Area"; and collectively, the "Project Areas"). Section 3. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et seq.), the Agency proposes to pay for the value of the land for and the cost of installing and constructing the public improvements (collectively, the "Improvements") set forth on Exhibit A of the agreement described in Section 5 hereof (the "Improvements Agreement"). Section 4. Based on information presented to the Agency, the Agency makes the following findings: (a) With respect to each Project Area, the acquisition of land and the installation and construction of the respective Improvements relating to the applicable Project Area, as set forth in Exhibit A of the Improvements Agreement, are of benefit to the Project Area by helping eliminate blight within the Project Area or providing housing for low or moderate income persons. (b) The payment of funds for the acquisition of land and the installation and construction of the Improvements is consistent with the Agency's implementation plans adopted pursuant to Health and Safety Code Section 33490. P6402-0001\1319393vLdoc RESOLUTION NO. 579 (c) No other reasonable means of financing the acquisition of the land or the installation and construction of the Improvements are available to the City, including but not limited to the Mello -Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code). (d) With respect to those Improvements which are located outside and not contiguous to the related Project Area shown on Exhibit A of the Improvements Agreement, if any, and which are not an obligation of the Agency under a contract existing on December 31, 2009, specifically described in the implementation plan prepared by the Agency as of July 1, 2009 pursuant to Health and Safety Code Section 33490, or specifically provided for in the redevelopment plan for the applicable Project Area as of December 31, 2009, the acquisition of land or the installation and construction of the Improvements are of benefit to the related Project Area shown on Exhibit A of the Improvements Agreement, respectively, by helping eliminate blight within the related Project Area or will directly assist in the provision of housing for low or moderate income persons and the payment of funds for the acquisition of land and the installation and construction of the Improvements is provided for in the redevelopment plan for the related Project Area. Section 5. The Agency hereby approves payment by the Agency for the acquisition of the land and the cost of the installation and construction of the Improvements pursuant to the Advance and Reimbursement Agreement presented to the Agency at this meeting and on file in the office of the Agency Secretary. The Advance and Reimbursement Agreement is hereby approved in the form on file and the Executive Director, the Chair of the Agency, or any other officer of the Agency designated by them in writing (each, an "Authorized Officer") is hereby authorized, acting singly, to execute and deliver the Advance and Reimbursement Agreement in substantially said form with such changes therein as the Authorized Officer executing the same may approve (such approval to be conclusively evidenced by the execution and delivery thereof). Section 6. The Agency hereby approves payment by the Agency for administration and overhead expenses pursuant to the Agreement for Advance and Reimbursement of Administrative and Overhead Expenses presented to the Agency at this meeting and on file in the office of the Agency Secretary. The Agreement for Advance and Reimbursement of Administrative and Overhead Expenses is hereby approved in the form on file and each Authorized Officer is hereby authorized, acting singly, to execute and deliver the Agreement for Advance and Reimbursement of Administrative and Overhead Expenses in substantially said form with such changes therein as the Authorized Officer executing the same may approve (such approval to be conclusively evidenced by the execution and delivery thereof). -2- P6402-0001 \ 1319393v Ldoc RESOLUTION NO.579 Section 7. The officers of the Agency are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to effectuate the purposes of this Resolution, and any such actions previously taken by such officers are hereby ratified and confirmed. PASSED, APPROVED and ADOPTED this day of , 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN M. BENSON, CHAIRMAN ATTEST: RACHELLE D. KLASSEN, SECRETARY PALM DESERT REDEVELOPMENT AGENCY -3- P6402-0001\1319393v1.doe ADVANCE AND REIMBURSEMENT AGREEMENT THIS ADVANCE AND REIMBURSEMENT AGREEMENT (this "Agreement") is entered into as of January 1, 2011, by and between the Palm Desert Redevelopment Agency, a public body, corporate and politic (the "Agency"), and City of Palm Desert, a municipal corporation (the "City"). RECITALS: A. Pursuant to the Community Redevelopment Law (California Health and Safety Code Section 33000, et seq.) (the "Redevelopment Law"), the Agency is undertaking a program for the redevelopment of blighted areas in the City and, in that regard, the Agency proposes to pay for all or part of the value of the land for and the cost of the installation and construction of certain public improvements described in Exhibit A hereto (collectively, the "Improvements") for the benefit of its redevelopment project areas known as Project Area No. 1, Project Area No. 2, Project Area No. 3, and Project Area No. 4 (each individually, a "Project Area"; and collectively, the "Project Areas"). B. The City has acquired and intends to acquire land (including rights -of -way) and has installed and constructed and intends to install and construct the Improvements to assist in the elimination of blight. C. To the extent the City has included the Improvements in its budget, the City has done so with the expectation that the Agency will pay for or reimburse the City for its payment of the cost thereof. No moneys of the City were, are, or are reasonably expected to be, available on a long-term basis under the budget of the City to pay for the cost of such land and Improvements. D. Pursuant to prior resolutions, agreements, understandings or budget considerations of the City and the Agency, the cost of the lands and Improvements have been allocated to the Agency. The City and the Agency have previously indicated their objective and reasonable expectation that the Agency would reimburse the City for all of the expenditures by the City for the land and Improvements subject to the provisions of this Agreement. NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS: Section 1. Purpose of this Agreement The City and the Agency desire to enter into this Agreement to acknowledge the above recitals and to provide for the advance by the City and the payment or reimbursement by the Agency of the cost of the acquisition of land and the installation and construction of the Improvements. Pursuant to this Agreement, the Agency agrees to pay to or for the benefit of the City the cost of acquiring the land, including payment of related costs, and agrees to pay to or for the benefit of the City the cost of the installation and construction of the Improvements subject to the provisions of this Agreement. By providing for the acquisition of land and the undertaking of the Improvements, the City has advanced and will continue to advance the cost of the foregoing to the Agency. P6402-0001\1319388v1.doc - I - The Improvements are described in Exhibit A. The Agency shall pay for, or reimburse to the City, not more than the budgeted cost thereof, as set forth in Exhibit A in accordance with Sections 5 and 6 hereof. Section 2. Construction and Installation The City shall perform or cause to be performed all required preparatory work for the Improvements, including the acquisition of land and shall install and construct, or cause to be installed and constructed, the Improvements not previously installed and constructed. The City shall cause to be undertaken the design of the Improvements and the preparation of plans and specifications therefor. The City shall, in accordance with all applicable federal, state and local laws, rules and regulations, install and construct, or cause to be installed and constructed, the Improvements in accordance with such plans and specifications. The acquisition of land and the planning, specification and the timing with respect to the installation and construction of the Improvements shall be subject to the City's sole and absolute discretion. Section 3. Acquisition of Necessary In consideration of this Agreement, the City agrees to exercise its best efforts to acquire land by negotiated purchase. Section 4. Agency to Pay all Costs The Agency and the City hereby agree that the cost of the acquisition of necessary land and the installation and construction of the Improvements paid for by the City constitute an advance to the Agency by the City. Subject to the provisions of this Agreement, the Agency hereby agrees to reimburse the City the cost of the acquisition of the necessary land, including payment of related costs, and the costs of the installation and construction of the Improvements, including payment of related costs, including but not limited to the costs for planning, permitting, design, site testing, bidding, and construction management, all of which costs shall not exceed the budgeted amount or amounts set forth in Exhibit A without amendment of this Agreement pursuant to Section 16. Section 5. Reimbursement Costs The City shall from time to time following completion of the various Improvements, or various portions thereof, submit to the Agency invoices (including itemized statements) showing the cost of the Improvements incurred by the City, including the acquisition of necessary land, due to be paid by the Agency pursuant to this Agreement. Such amounts may include progress payments. Section 6. Reimbursement b t�A Agency Within a reasonable time after the submission of each statement to the Agency pursuant to Section 5 hereof, the Agency shall pay to or for the benefit of the City all amounts due thereunder from (i) tax increment generated in the applicable Project Area related to the Improvement for which reimbursement is requested, as shown on Exhibit A hereto, and eligible to be allocated to the Agency pursuant to the Redevelopment Law, or to any successor agency or -2- P6402-0001 \ 13193 8 8v L doc entity of the Agency and/or any entity established by law to carry out the redevelopment plan for the Project Area and/or expend tax increment or pay indebtedness of the Agency; (ii) available proceeds of tax allocation bonds or other obligations of the Agency; (iii) available proceeds from loans or other obligations which constitute indebtedness of the Agency repayable from tax increment (as described in the foregoing clause (i)); or (iv) any other available funds of the Agency. Amounts not paid by the Agency to the City within 30 days of demand therefor pursuant to this Agreement shall bear interest at the rate then paid to the City on its funds invested in the Local Agency Investment Fund ("LAIF" ), plus one and one-half percent per annum from the date of such demand to the date of repayment. In any event, all amounts due hereunder shall be due and payable to the City by the date established in the respective redevelopment plan for each Project Area, as applicable, or the Redevelopment Law or other law, as the time limit for the repayment of indebtedness with respect to the Project Area. With respect to each Project Area, the obligations of the Agency under this Agreement with respect to the Improvements relating to the applicable Project Area, as shown on Exhibit A, shall constitute an indebtedness of the Agency for the purpose of carrying out the redevelopment plan for the applicable Project Area. The Agency's obligation to pay to or for the benefit of the City all amounts due hereunder, shall, without the necessity of further action by the Agency or the City, be junior and subordinate to all other obligations or indebtedness heretofore or hereafter voluntarily incurred by the Agency, including bonds or loans secured by a pledge of tax increment revenues derived from the applicable Project Area, and to all pre-existing statutory obligations of the Agency pursuant to Section 33607.5 or 33606.7 of the Redevelopment Law. Section 7. Effect and Duration of Covenants The covenants established in this Agreement shall, without regard to technical classification and designation, be binding on the parties hereto and their successors in interest. Section 8. Nonliability of Officials and Employ 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 thereto, or on any obligations under the terms of this Agreement. Section 9. Obligation to Refrain from Discrimination The City covenants and agrees for itself, its successors and its assigns that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Improvements, nor shall the City, or any person claiming under or through the City, establish or permit any practice -3- P 6402-0001 \ 13193 8 8v L doc or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Improvements. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph. All deeds, leases or contracts entered into with respect to the sale, lease, sublease or other transfer of the Improvements shall contain or be subject to substantially the following nondiscrimination/nonsegregation clauses: In deeds: "The Grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises herein conveyed, nor shall the Grantee himself or herself, or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the leasing, subleasing, transferring, use or occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with 0 P6402-0001 \ 1319388v Ldoc reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." In contracts: "The contracting party or parties hereby covenant by and for himself or herself and their respective successors and assigns, that there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the contracting party or parties, any subcontracting party or parties, or their respective assigns or transferees, establish or permit any such practice or practices of discrimination or segregation. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." Section 10. Liability and Indemnification In contemplation of the provisions of California Government Code Section 895.2 imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Government Code Section 895, the parties hereto, as between themselves, pursuant to the authorization contained in Government Code Sections 895.4 and 895.6, shall each assume the full liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by negligent or wrongful acts or omissions occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Government Code Section 895.2. To achieve the above -stated purpose, each party indemnifies, defends and holds harmless the other party for any liability, losses, cost or expenses that may be incurred by such other party solely by reason of Government Code Section 895.2. Section 11. Default If either party fails to perform or adequately perform an obligation required by this Agreement within thirty (30) calendar days of receiving written notice from the non -defaulting party, the party failing to perform shall be in default hereunder. In the event of default, the non- -5- P6402-0001\1319388v1.doc defaulting party will have all the rights and remedies available to it at law or in equity to enforce the provisions of this contract, including without limitation the right to sue for damages for breach of contract. The rights and remedies of the non -defaulting party enumerated in this paragraph are cumulative and shall not limit the non -defaulting party's rights under any other provision of this Agreement, or otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of the Agreement or hereinafter enacted or established, that may be available to the non -defaulting party against the defaulting party. All notices of defaults shall clearly indicate a notice of default under this Agreement. Section 12. 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. Section 13. Supersedes Prior Agreement This Agreement supersedes all prior agreements or understandings between the Agency and the City regarding payment to or reimbursement of the City by the Agency for the acquisition of land, and the installation and construction of the Improvements. Section 14. Records Each party shall maintain books and records regarding its duties pursuant to this Agreement. Such books and records shall be available for inspection by the officers and agents of the other party at all reasonable times. Section 15. Law Governing This Agreement is made in the State of California under the constitution and laws of the State of California, and is to be so construed. [The remainder of this page is intentionally left blank.] W P6402-000 h 1319388v Ldoc Section 16. Amendments This Agreement may be amended at any time, and from time to time, by an agreement executed by both parties to this Agreement. PALM DESERT REDEVELOPMENT AGENCY Chairperson ATTEST: Secretary CITY OF PALM DESERT By — Mayor ATTEST: City Clerk -7- P6402-0001\1319388v1doc Exhibit A PROJECT AREA NO. 1 PROJECT AREA NO. 2 PROJECT AREA NO. 3 PROJECT AREA NO. 4 Exhibit A Page 1 of 1 P6402-0001\1319388v1.doc Proposed Projects and Programs (2009-10 thru 2013-14) Exhibit A Palm Desert Redevelopment Agency Project Area #1 Original and Annex Project Name Project Description Alessandro Alleyway Improve traffic flow for all impacted citizens utilizing the project sphere located behind the Core Commercial properties on the north side of Highway 111 from Las Palmas Avenue to Monterey Ave El Paseo Revitalization Revitalization of the City's central business district and commercial corridor including lighting, signage, landscape and parking improvements which will also assist with traffic circulation in the congested shopping areas Presiden'ts Plaza Improve parking and traffic conditions in the area along the businesses fronting Highway 111 Monterey Avenue Widening I Construct improvements for widening and circulation for existing traffic capacity from Fred Waring to Country Club Drive. Upgrade traffic signals along the street to improve vehicular safety. Portola Avenue Widening Construct improvements for widening for better traffic circulation. Cook Street Improvements Widen intersections at Country Club and Hovely Lane East, including installation of drainage, traffic signals, medians and payment rehabilitation Hwy 74 Open Space Acquire properties along and adjacent to Highway 74 for the purpose of open space, public improvements and park improvements Core Commercial Area Parking facilities at Westfield Shopping Center, along and adjacent to Ocotillo i Drive and along and adjacent to El Paseo Desert Willow Parking Structure Construct a parking structure to increase parking at the recreational and public ifacilities. Monterey Drainage Improvements !Improve public infrastructue and address traffic circulation and parking (project unfunded) deficiencies along and adjacent to Monterey Avenue. Fred Waring Drive Improvements (Construct right turn pockets on NB San Pablo, Civil Center, and COD entrance; and free right turn on WB Fred Waring to Monterey; and auxiliary lane between Fred Waring and Magnesia Fall Street Widening Improvements Improve public infrastructure and address traffic circulation and parking deficiencies Fire Station #33 Renovation Town Construct improvements to upgrade crew facilities for current staffing Center Station requirements. Construct Improvements to bays and concrete flooring for equipment capacity. Fire Station #71 Renovation Construct improvements to cement aprons. Construct improvements to walls, Portola Station (ceilings and restrooms. Country Club Drainage Phase I I Installation of a new storm drain system and retention basin Anticipated Expenditure 8,282,119 51000,000 1,200,000 3,000,000 3,000,000 1,250,000 1,014,000 15,000,000 10,000,000 2,000,000 782,993 4,000,000 900,000 900,000 10,000,000 Civic Center Parking Lot Installation of landscaping within the Civic Center Parking Lot 500,000' Landscaping Aquatic Center i Construct a competition and recreational pool within the Civic Center Park 10,000,000I Community Center Expansion of the Community Center located at Civic Center Park 2,000,000I Page 1 of 3 1/14/2011 5ol PM Project Area # 2 P—i—f Na Anticipated Desert Willow Capital improvements that provide for both infrastructure (well -sites) 2,832,183 preservation and creation while working to preserve open space, indigenous wildlife habitat and native desertscape. Monterey & 1-10 Interchange Improve arterial access inbound and outbound from Interstate 10. 3,000,000 Monterey Ave Widening Widening a major north/south arterial street to facilitate the ease of movement 2,000,000 throughout the City, improve traffic flow, and access to businesses and future residential developments. Will include medians and turn pockets from Country Club Drive to Dinah Shore. Fire Station Construct a fire station to serve the north area of the City 7,000,000 Desert Willow Construct a parking structure to increase parking at the recreational and public 7,000,000 facilities. Combined Funding with Project Area #1. Parks and other public Improve and provide community facilities Section 29 public park 5,000,000 recreational facilities Portola Ave Improvements Aesthetic Treatment of block wall on the east side of Portola Avenue between 4,500,000 Fred Waring Drive and Rutledge Way; Install meandering sidewalk with landscaping along Portola; underground overhead utility lines. University Park Infrastructure and 'Coordinate revitalization/community development activities and improve public 1,500,000 Improvements infrastructure Drainage Improvements Improve public infrastructure 2,000,0001 Portola and 1-10 Interchange Design and construction of interchange 10,000,000. Arterial Street Undergrounding Improve public facilities Gerald Ford and Frank Sinatra 16,600,000: Mid -Valley Bike Path Construction of 6.5 miles of Class 1 bike path alongside the railroad and 3,600,000 freeway corridor North Sphere Regional Park Construct a 36-acre sports complex (ball fields, disc golf, sport courts, etc.) 15,000,000 Project Area # 3 Anticipated Project Name Project Description Expenditure Cook Street Improvements 1 Infrastructure improvements which will allow for better traffic flow on a 3,000,0001 north/south arterial that provides for access to the City's central business district and allows for traffic to flow to Interstate 10 Portola and 1-10 Interchange Design and completion of interchange 12,500,000' Desert Willow Construct a parking structure to increase parking at the recreational and public 3,000,000 facilities. Combined Funding with Project Area #1 and # 2. Public Recreational Facilities Civic Center park improvements 1,000,000l Merle Street Sewers Assist in the financing of the public infrastructure to insall sewers along Merle 873,273 Street Page 2 of 3 1/14/2011 5:o7 PM Project Area # 4 Proiect Name Anticipated Fvnnndifi tri Undergrounding Project Area 4 Agency will contribute funds to future undergrounding projects located within the 14,000,000 Palm Desert Country Club area. Public Improvement and Public Assisting in the development of parcels that are non -conforming and construct a 4,450,000I Safety Facility paramedic station for existing community needs Ball Field Lights �Oleson & Freedom Parks ($400,000/each site) 800,0001 HOUSING Anticipated Buydown subsidies Subsidies to developer provided housing for additional affordable housing units 5,000,000 (Vineyards, Regent, Canterra II, Palm Desert 103) Desert Pointe Exterior building renovations 5,000,000 Taos Palms Renovation of sidewalks and pool access 500,000 Carlos Ortega Villas Construction of 73 unit senior complex 20,000,000; Sagecrest Construction of a 16 unit multi -family complex 6,000,000 Self Help Homebuyer assistance to 14 households for the self-help project along Merle 700,000, Avenue Property Acquistion Acquisition of a portion of vacant property from the City for Housing Developmen 10,000,0001I Indian Springs Mobilehome Park Purchase Assistance for Lower income households. 5,000,000 Page 3 of 3 1/14/2011 5'.07 PM