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HomeMy WebLinkAboutC33250A - Xpnsn of Freedom Park Dog Park CITY OF PALM DESERT/SUCCESSOR AGENCY OF THE PQLM DESERT REDEVELOPMENT AGENCY CITY MANAGERS OFFICE STAFF REPORT REQUEST: APPROVAL TO EXPAND THE FREEDOM PARK-DOG PARK INCLUDING A RESOLUTION APPROVING THE EXECUTION OF A PROJECT BOND PROCEEDS FUNDING AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT AND TAKING CERTAIN RELATED ACTIONS SUBMITTED BY: Ryan Stendell, Senior Management Analyst DATE: January 23, 2014 CONTENTS: Conceptual Design Resolution No. 20�4-04 & Resolution No. SA-RDA o23 Draft Reimbursement Agreement (C 332soA ) Recommendation 1. By Minute Motion, authorize the expansion area of the Freedom Dog Park as proposed in the attached Conceptual Design. 2. By Minute Motion, authorize staff to solicit bids for all project components. 3. By Minute Motion, appropriate $100,000.00 from unobligated 233 Park Funds to Account No. 233-4670-454-4001, and estimate a reimbursement from the former Palm Desert Redevelopment Agency Project Area 4 Funding; 4. Waive further reading and adopt Resolution No.2014-04 and Resolution No. SA-RDA- 023 approving the execution of a Freedom Dog Park Project Bond Proceeds Funding Agreement between the Successor Agency to the Palm Desert Redevelopment Agency and the City of Palm Desert and taking certain related action. 5. By Minute Motion, approve and authorize the Mayor/Chair to execute the Project Funding Agreement. Commission Recommendation The Parks and Recreation Commission have actively been with staff on finding a long-term solution to the north sphere dog park concems. At its November 2013 meeting the Commission approved a recommendation to the City Council supporting the expansion of the Freedom Park-Dog Park. Staff Report Contract No.C33250A Freedom Dog Park Expansion Page 2 of 3 January 23, 2014 Back�round University Dog Park: For some time staff has been managing a growing parking problem at University Dog Park. The University Dog Park was designed and constructed as a neighborhood park meant to service those homes in the immediate vicinity and only minimal parking was provided (13 spaces). The community was also planned and built with a network of bike lanes and sidewalks to maximize connectivity of the neighborhood. Unfortunately, the housing market prohibited the construction of the residential homes leaving the roads and parks constructed with no residents in the area. Many users find the north sphere location convenient for them and the use of this park appears to be much more regional than ever expected. Users have been parking illegally in the bike lanes in this area, which has been un-noticed until several complaints were received from cyclists. The Sheriff's Department has received several complaints from cyclist stating it is dangerous to utilize the bike lane along University Park Drive with cars parking illegaliy and exiting with animals. Through discussions with the Parks and Recreation Commission, staff was tasked with identifying a solution for this problem. In reviewing the parking problem at University Dog Park many users simply state, "why not just eliminafe the bike lane and/or build more parking." A lot of effort goes into master planning a large residential community. Connectivity and provided amenities are what can make a neighborhood desirable. Staff believes it to be somewhat short sighted to tinker with a planned community prior to it even being constructed. Freedom Dog Park: The constraints of the University Dog Park have showed us that what we are lacking is a regional solution in the north sphere of the City. Freedom Park is the City's regional park in the north sphere, and was constructed with a smal! dog park and ample parking. Staff believes that the dog park at Freedom is extremely undersized and could be enlarged very easily utilizing the turf area to east (see attached exhibit). Staff would propose to create a new fenced in area which would become the new large dog area, and then remove the barrier of the existing dog park and that would become the sma�l dog area. This would leave a dog park of a comparable size to both University Dog Park and Civic Center Park. Staff has estimated the cost of this total project not to exceed $100,000.00 broken into the following categories: 1. Fencing Alterations: $55,000 2. Lighting Upgrades: $20,000 3. Shade Structure: $20,000 4. Landscape Alterations: $5,000 Staff would re-use as much existing furnishings and equipment as possible to keep costs down. For instance, there are ample benches in the area to accommodate the expansion Staff Report Contract No. C33250A Freedom Dog Park Expansion Page 2 of 3 January 23, 2014 rather than buying new benches. Any flat concrete work will be handled by our City Yard crews as well. Municipal Dog Parks have continued to gain in popularity. The City of Palm Desert is clearly providing more space than any other jurisdiction and exceeding national standards. Staff does believe the expansion of the Freedom Dog Park would provide a regional solution in the north sphere and go a long way to ease the parking issues we have at University Dog Park. Fiscal Analvsis Construction Costs: Although the General Fund would initially advance the funds for this work, it is the intention of the Successor Agency to reimburse the City for the costs. Only in the event there are no funding sources available from the Successor Agency would the General Fund have to pay for the work. Ongoing Maintenance: The expansion of this park will add approximately 15,000 square feet of dog park space. There is no question that maintaining dog park space is more expensive that general open space within a park. We can expect to see a slightly higher (10%-15%) higher premium for maintaining this space. Staff's estimate is a maximum of $2,500.00 in additional yearly maintenance. Prepared By: Revi a Concur: _���-- e Ryan Stendell Mark G e wood P.E. Senior Management Analyst C��� ����/orks � APPROVED DF.NTED vie ed d Concur: RECEIVED OTHER MEET G DA aul S. Gibson, Director of Finance AYES: d� j ' NOES: � ABSENTt Approv . ABSTAIN: VERIFIED BY: � Original on File with City erk's Oftice J n M. Wohlmuth �� rCi Manager/Executive Director of the ����,�t����,��� ccessor Agency of the Palm Desert Redevelopment Agency �i I � ����—'�Ol� ����.�� �����.� �3� �� �, A;:�fl��.�i��9 k.��FFv'��� 'i,��y�'�ti;x<�,' ��x:.ru:: � RESOLUTION NO. 20�4-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING THE EXECUTION OF AN FREEDOM DOG PARK PROJECT BOND PROCEEDS FUNDING AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND THE CITY AND TAKING CERTAIN RELATED ACTIONS RECITALS: A. The Palm Desert Financing Authority (the "Financing Authority") previously issued its Tax Allocation Revenue Bands (Project Area No. 4), Series 2001, in the principal amount of $15,695,000 (the "2001 Bonds"), pursuant to an Indenture of Trust, dated as of November 1, 2001, by and between the Financing Authority and BNY Westem Trust Company, as trustee (the "Trustee"). B. Pursuant to the Loan Agreement, dated as of November 1, 2001 (the "Loan Agreement"), by and among the Financing Authority, the former Palm Desert Redevelopment Agency (the "Former RDA"), and the Trustee, proceeds of the 2001 Bonds were lent to the Former RDA as a loan (the "Loan"). C. The Former RDA caused a portion of the proceeds of the 2001 Bonds received as part of the Loan to be deposited into a Project Fund (the "2001 Project Fund"), which was established, and is held by, the Trustee pursuant to the Loan Agreement. D. Pursuant to the Loan Agreement, moneys in the 2001 Project Fund shall be disbursed from time to time to finance the cost of redevelopment projects in or of benefit to the Former Agency's Project Area No. 4 (the "Project Area"). E. As documented by the Official Statement, dated November 15, 2001, and the Certificate Regarding Compliance with Certain Tax Matters, dated as of November 28, 2001 (the "Tax Certificate"), it was intended, at the issuance of the 2001 Bonds, that the projects to be financed from moneys deposited in the 2001 Project Fund include, among others, the Freedom Dog Park project (including fencing alterations, landscaping, lighting and other related improvements) (the "Freedom Dog Park ProjecY'). F. Pursuant to AB X1 26 (which became effective at the end of June 2011) and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal.4th 231(2011), the Former RDA was dissolved as of February 1, 2012, and the Successor Agency was constituted. G. AB 1484, which became effective at the end of June 2012, amended and supplemented the provisions of AB X1 26. Together, AB X1 26 and AB 1484 are referred to in this Agreement as the "Dissolution Act." G:1CityMgrlRyan Stendell�$�aff Reports�2014Uanuary 23\City reso re Freetlom Oog Park-PA 4 2001 Project Bond Proceeds Funding Agree 1-23-14.doc RESOLUTION NO. 2oi4-o4 H. Pursuant to Section 34175(b) of the Califomia Health and Safety Code ("HSC"), all assets, properties, contracts, leases, books and records, buildings, and equipment of the Former RDA, including all unspent proceeds of the 2001 Bonds remaining in the 2001 Project Fund (the "2001 Bond Proceeds"), transferred to the control of the Successor Agency by operation of law. I. According to HSC Section 34191.4, after the receipt by the Successor Agency of a finding of completion (the "Finding of Completion") issued by the California State Department of Finance (the "DOF") pursuant to HSC Section 34179.7, the 2001 Bond Proceeds shall be used for the purposes for which the 2001 Bonds were sold, in a manner consistent with the original bond covenants. J. By DOF's letter, dated May 15, 2013, the DOF informed the Successor Agency that the DOF has issued a Finding of Completion to the Successor Agency. K. There remains a balance of 2001 Bond Proceeds in the 2001 Project Fund (in the amount of$4,673,654 as of December 31, 2013). L. The Successor Agency desires to use a portion of the 2001 Bond Proceeds for completion of work with respect to the Freedom Dog Park Project. M. Because of the limited staffing of the Successor Agency and the traditional role and the established procedures of the City of Palm Desert (the "Cit�') with respect to the awarding of public works contracts, the Successor Agency and the City desire to enter into the Freedom Dog Park Project Bond Proceeds Funding Agreement, pursuant to which the City will agree to perform or cause to be performed all work required to complete the Freedom Dog Park Project, with payment therefor to be made from the 2001 Bond Proceeds. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. The above recitals, and each of them, are true and correct. Section 2. Freedom Doq Park Bond Proceeds Fundinq Aqreement. The Freedom Dog Park Project Bond Proceeds Funding Agreement, in the form attached hereto as Exhibit A, is hereby approved. Each of the Mayor (or in the Mayor's absence, the Mayor Pro Tem) and the City Manager (each, an Authorized Officer"), individually, is hereby authori2ed to execute and deliver, for and in the name of the City, the Freedom Dog Park Project Bond Proceeds Funding Agreement, in substantially such form, with changes therein as the Authorized Officer executing the same may approve (such approval to be conclusively evidenced by the execution and delivery thereof). Section 3. Other Acts. The Authorized Officers and all other officers of the City are hereby authorized, jointly and severally, to execute and deliver any and all necessary documents and instruments and to do all things which they may deem G:\CityMgr\Ryan Stendell�,Staff RepoRs�2014Uanuary 231City reso re Freedom Dog Park-PA 4 2001 Project Bond Proceeds Funding Agree 1-23-14.doc RESOLUTION NO. 2oia-oa necessary or proper to effectuate the purposes of this Resolution and the Freedom Dog Park Project Bond Proceeds Funding Agreement. Any actions previously taken by officers of the City consistent with the purposes of this Resolution, the Freedom Dog Park Project Bond Proceeds Funding Agreement are hereby ratified and confirmed Section 4. Effective Date. This Resolution shall take effect immediately upon adoption. APPROVED and ADOPTED this 23rd day of January, 2014. AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA G:\CilyMgrU2yan Stende111Staff Repor1s�2014Uanuary 23\City reso re Freedom Dog Park-PA 4 2001 Project Bond Proceeds Funding Agree 1-23-14.doc RESOLUTION NO. SA-RDA o23 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY APPROVING THE EXECUTION OF AN FREEDOM DOG PARK PROJECT BOND PROCEEDS FUNDING AGREEMENT BETWEEN THE SUCCESSOR AGENCY AND THE CITY OF PALM DESERT AND TAKING CERTAIN RELATED ACTIONS RECITALS: A. The Palm Desert Financing Authority (the "Financing Authority") previously issued its Tax AIlocation Revenue Bonds (Project Area No. 4), Series 2001, in the principal amount of $15,695,000 (the "2001 Bonds"), pursuant to an Indenture of Trust, dated as of November 1, 2001, by and between the Financing Authority and BNY Westem Trust Company, as trustee (the "Trustee"). B. Pursuant to the Loan Agreement, dated as of November 1, 2001 (the "Loan Agreement"), by and among the Financing Authority, the former Palm Desert Redevelopment Agency (the "Former RDA"), and the Trustee, proceeds of the 2001 Bonds were lent to the Former RDA as a loan (the "Loan"). C. The Former RDA caused a portion of the proceeds of the 2001 Bonds received as part of the Loan to be deposited into a Project Fund (the "2001 Project Fund"), which was established, and is held, by the Trustee pursuant to the Loan Agreement. D. Pursuant to the Loan Agreement, moneys in the 2001 Project Fund shall be disbursed from time to time to finance the cost of redevelopment projects in or of benefit to the Former Agency's Project Area No. 4 (the "Project Area"). E. As documented by the Official Statement, dated November 15, 2001, and the Certificate Regarding Compliance with Certain Tax Matters, dated as of November 28, 2001 (the "Tax Certificate"), it was intended, at the issuance of the 2001 Bonds, that the projects to be financed from moneys deposited in the 2001 Project Fund include, among others, the Freedom Dog Park project (including fence modifications, landscaping, lighting and other related improvements) (the "Freedom Dog Park ProjecY'). F. Pursuant to AB X1 26 (which became effective at the end of June 2011) and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal.4th 231(2011), the Former RDA was dissolved as of February 1, 2012, and the Successor Agency was constituted. G. AB 1484, which became effective at the end of June 2012, amended and supplemented the provisions of AB X1 26. Together, AB X1 26 and AB 1484 are referred to in this Agreement as the "Dissolution Act." �zs�2-000��ib�osoo.� 1 RESOLUTION NO. SA-RDA o23 H. Pursuant to Section 34175(b) of the Califomia Health and Safety Code ("HSC"), all assets, properties, contracts, leases, books and records, buildings, and equipment of the Former RDA, including all unspent proceeds of the 2001 Bonds remaining in the 2001 Project Fund (the "2001 Bond Proceeds"), transferred to the control of the Successor Agency by operation of law. I. According to HSC Section 34191.4, after the receipt by the Successor Agency of a finding of completion (the "Finding of Completion") issued by the California State Department of Finance (the "DOF") pursuant to HSC Section 34179.7, the 2001 Bond Proceeds shall be used for the purposes for which the 2001 Bonds were sold, in a manner consistent with the original bond covenants. J. By DOF's letter, dated May 15, 2013, the DOF informed the Successor Agency that the DOF has issued a Finding of Completion to the Successor Agency. K. There remains a balance of 2001 Bond Proceeds in the 2001 Project Fund (in the amount of$4,673,654 as of December 31, 2013). L. The Successor Agency desires to use a portion of the 2001 Bond Proceeds for completion of work with respect to the Freedom Dog Park Project. M. Because of the limited staffing of the Successor Agency and the traditional role and the established procedures of the City of Palm Desert (the "City') with respect to the awarding of public works contracts, the Successor Agency and the City desire to enter into the Freedom Dog Park Project Bond Proceeds Funding Agreement, pursuant to which the City will agree to perform or cause to be performed all work required to complete the Freedom Dog Park Project, with payment therefor to be made from the 2001 Bond Proceeds. P. Pursuant to HSC Sections 34178(a) and 34180(h), with the approval of the Oversight Board of the Successor Agency (the "Oversight Board"), the Successor Agency may enter into agreements with the City. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. The above recitals, and each of them, are true and correct. Section 2. Freedom Doa Park Project Bond Proceeds Fundina Aareement. The Freedom Dog Park Project Bond Proceeds Funding Agreement, in the form attached hereto as Exhibit A, is hereby approved. Each of the Chair of this Board, the Vice Chair of this Board and the Executive Director of the Successor Agency (each, an Authorized Officer"), individually, is hereby authorized to execute and deliver, for and in the name of the Successor Agency, the Freedom Dog Park Project Bond Proceeds G:�CityNgr�,Ryan Strndell'Staff Reporis�2014'Janumy 23'�SA rao re Frcodom Dog Perk Project PA 4 2001 Bond Procecds Fu�ding Agramc- 1-23'I 4.d�C.7t RESOLUTION NO. SA-RDA o23 Funding Agreement, in substantially such form, with changes therein as the Authorized Officer executing the same may approve (such approval to be conclusively evidenced by the execution and delivery thereof). Section 3. Reauest for Oversight Board Approval. The Oversight Board is hereby requested to approve the Successor Agency's execution and delivery of the Freedom Dog Park Project Bond Proceeds Funding Agreement. The Secretary of the Successor Agency is hereby directed to transmit this Resolution to the Oversight Board for consideration at the earliest possible date. Section 4. Other Acts. The Authorized Officers and all other officers of the Successor Agency are hereby authorized, jointly and severally, to execute and deliver any and all necessary documents and instruments and to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution and the Freedom Dog Park Project Band Proceeds Funding Agreement. Section 5. Effective Date. This Resolution shall take effect immediately upon adoption. APPROVED and ADOPTED this day of , 2014. AYES: NOES: ABSENT: ABSTAI N: VAN G. TANNER, CHAIR ATTEST: RACHELLE D. KLASSEN, SECRETARY SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY G:��CityMgrRyan Stcudell'•StafTRc�orts'�20t4Ummary 23`SA reco rc Frwdom Dog Park Project PA 4 2Q0!Bortd Procads Funding Agrceme- 1-23'14.dOCX Contract No. C33250B FREEDOM DOG PARK PROJECT BOND PROCEEDS FUNDING AGREEMENT This FREEDOM DOG PARK POJECT BOND PROCEEDS FUNDING AGREEMENT (this "Agreement"), dated as of , 2014, is entered into by and between the City of Palm Desert (the "City") and the Successor Agency to the Palm Desert Redevelopment Agency(the"Successor Agency," and together with the City, the"Parties"). RECITALS: A. The Palm Desert Financing Authority (the "Financing Authority") previously issued its Tax Allocation Revenue Bonds (Project Area No. 4), Series 2001, in the principal amount of $15,695,000 (the "2001 Bonds"), pursuant to an Indenture of Trust, dated as of November 1, 2001, by and between the Financing Authority and BNY Western Trust Company, as trustee(the"Trustee"). B. Pursuant to the Loan Agreement, dated as of November I, 2001 (the "Loan Agreement"), by and among the Financing Authority, the former Palm Desert Redevelopment Agency (the "Former RDA"), and the Trustee, proceeds of the 2001 Bonds were lent to the Former RDA as a loan (the"Loan"). C. The Former RDA caused a portion of the proceeds of the 2001 Bonds received as part of the Loan to be deposited into a Project Fund (the "2001 Project Fund"), which was established, and is held, by the Trustee pursuant to the Loan Agreement. D. Pursuant to the Loan Agreement, moneys in the 2001 Project Fund shall be disbursed from time to time to finance the cost of redevelopment projects in or of benefit to the Former Agency's Project Area No. 4 (the"Project Area"). E. As documented by the Official Statement, dated November 15, 2001, and the Certificate Regarding Compliance with Certain Tax Matters, dated as of November 28, 2001 (the "Tax Certifcate"), it was intended, at the issuance of the 2001 Bonds, that the projects to be financed from moneys deposited in the 2001 Project Fund include, among others, the Freedom Dog Park project (including fencing alterations, landscaping, lighting and other related improvements) (the"Freedom Dog Park Project"). F. Pursuant to AB X1 26 (which became effective at the end of June 2011) and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Ca1.4th 231(2011), the Former RDA was dissolved as of February 1, 2012, and the Successor Agency was constituted. G. AB 1484, which became effective at the end of June 2012, amended and supplemented the provisions of AB Xl 26. Together, AB X1 26 and AB 1484 are referred to in this Agreement as the"Dissolution Act." H. Pursuant to Section 34175(b) of the California Health and Safety Code ("HSC"), all assets, properties, contracts, leases, books and records, buildings, and equipment of the Former RDA, including all unspent proceeds of the 2001 Bonds remaining in the 2001 Project -1- G:\CityM rUtyan Stendell�.Staff Reporls�2014Vanuary 23�Palm Desen SA-Freedom Dog Park Project Bond Proceeds Funding Agreement 1- 23-14.�ocx Contract No. Fund (the "2001 Bond Proceeds"), transferred to the control of the Successor Agency by operation of law. I. According to HSC Section 34191.4, after the receipt by the Successor Agency of a finding of completion (the"Finding of Completion") issued by the California State Department of Finance (the "DOF") pursuant to HSC Section 34179.7, the 2001 Bond Proceeds shall be used for the purposes for which the 2001 Bonds were sold, in a manner consistent with the original bond covenants. J. By DOF's letter, dated May 15, 2013, the DOF informed the Successor Agency that the DOF has issued a Finding of Completion to the Successor Agency. K. There remains a balance of 2001 Bond Proceeds in the 2001 Project Fund (in the amount of$4,673,654 as of December 31, 2013). L. The Successor Agency desires to use a portion of the 2001 Bond Proceeds for completion of work with respect to the Freedom Dog Park Project. M. Pursuant to HSC Section 34177(1), the Successor Agency must prepare a Recognized Obligation Payment Schedule ("ROPS") for each six-month fiscal period ("ROPS Period"). The ROPS must be submitted to the Oversight Board of the Successor Agency (the "Oversight Board") and the DOF for approval. N. Pursuant to HSC Section 34191.4(c)(2), the expenditure of 2001 Bond Proceeds for an obligation must be listed on a ROPS. O. Because of the limited staffing of the Successor Agency and the traditional role and the established procedures of the City of Palm Desert (the "City") with respect to the awarding of public works contracts, the Successor Agency and the City desire to enter into this Agreement, for the City to perform or cause to be performed all work required to complete the Freedom Dog Park Project, with payment therefor to be made from the 2001 Bond Proceeds. P. Pursuant to HSC Sections 34178(a) and 34180(h), with the approval of the Oversight Board, the Successor Agency may enter into agreements with the City. Q. Resolution No. adopted by the Oversight Board on , 2014 approving the Successor Agency's execution and delivery of this Agreement was approved [deemed approved] by the DOF pursuant to HSC Section 34179(h) on , 2414. NOW, THEREFORE,THE PARTIES DO HEREBY AGREE AS FOLLOWS: Section l. Subject to the provisions of this Agreement and with the funding provided pursuant to this Agreement, the City agrees to perform or cause to be performed all work required for the completion of the Freedom Dog Park Project, including but not limited to the preparation of designs, plans and specifications and all demolitions, construction and installations. The City shall perform such work in accordance with all applicable federal, state and local Iaws, rules and regulations. Subject to the covenants set forth herein, the City shall -2- G:\CityM rUtyan StendelAStaff Reports�2014Uanuary 23�Palm Desert SA-Freedom Dog Park Project Bond Proceeds Funding Agree�nent 1- 23-14.�ocx Contract No. have the sole discretion with respect to the design, planning, specification and the timing with respect to all components of the Freedom Dog Park Project. Section 2. (a) The City and the Successor Agency currently estimate that the dollar amount to be spent for the Freedom Dog Park Project during the period from January l, 2014 through June 30, 2014 (the "ROPS 13-14B Period") is $120,000 (the "ROPS 13-14B Project Estimate"). (b) The Successor Agency shall list the ROPS 13-14B Project Estimate on its ROPS for the ROPS 13-14B Period ("ROPS 13-14B"), in as many line items on ROPS 13-14B as the Successor Agency deems appropriate. (c) Subject to the approval (and any modification) by the Oversight Board and the DOF of the ROPS 13-14B item(s) described in Section 2(b), at the commencement of the ROPS 13-14B Period, the Successor Agency shall transfer or caused to be transferred to the City an amount equal to the ROPS 13-14B Project Estimate from the 2001 Bond Proceeds on deposit in the 2001 Project Fund. Section 3. (a) The Parties acknowledge and agree that the 2001 Bond Proceeds shall be the sole source of the Successor Agency's payment for the completion of the Freedom Dog Park Project pursuant to this Agreement. The Parties also agree that the City's obligation with respect to the work for the Freedom Dog Park Project under this Agreement shall be limited to the extent that funding therefor is available from the 2001 Bond Proceeds. (b) At any time, if the City determines that the amount previously transferred by the Successor Agency pursuant to this Agreement is insufficient for the completion of the Freedom Dog Park Project, the City's Finance Director shall notify the Successor Agency, specifying the estimated dollar amount necessary for the completion of the Freedom Dog Park Project (the "Additional Funding Amount"). To the extent that sufficient unspent 2001 Bond Proceeds remain available, the Successor Agency shall list the Additional Funding Amount on the ROPS for the next available ROPS Period. Upon obtaining the Oversight Board's and the DOF's approval for such ROPS item(s), the Successor Agency shall transfer or caused to be transferred to the City the Additional Funding Amount from the 2001 Bond Proceeds as soon as practicable upon the commencement of the applicable ROPS Period. (c) Before the transfer of any Additional Funding Amount pursuant to Section 3(b) above, the City may, but is not obligated to, advance funds from sources available to City for the work necessary for the Freedom Dog Park Project (each such advance being a "City Advance"). Any Additional Funding Amount transferred by the Successor Agency pursuant to Section 4(b) shall first be used to reimburse the City for outstanding City Advances, and then to pay for other expenditures of the Freedom Dog Park Project. Section 4. To the extent the City still holds unspent 2001 Bond Proceeds transferred pursuant to this Agreement after the completion of the Freedom Dog Park Project(as determined by the legislative body of the City), the City shall return such unspent 2001 Bond Proceeds to the Successor Agency within a reasonable time after such determination. -3- G:\CityM rUtyan Stendell\Staff Reports�2014Vanuary 23�Palm Desert SA-Freedom Dog Park Project Bond Proceeds Funding Agreement 1- 23-14.�docx Contract No. Section 5. The City covenants that it shall use the 2001 Bond Proceeds in a manner consistent with the covenants in the Loan Agreement and the Tax Certificate, including, but not limited to, any covenants regarding the tax-exempt status of interest on the 2001 Bonds under the Internal Revenue Code of 1986, as amended, and any regulations promulgated thereunder. Section 6. 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 7. The Parties 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 8. This Agreement may be amended from time to time by written instrument executed by both Parties. Section 9. No official, agent, or employee of the Successor Agency or the City, or members of the City Council, or members of the Successor Agency Board of Directors or Oversight Board shall be individually or personally liable for any payment hereunder in the event of any default or breach by the Successor Agency or the City, or for any amount which may otherwise become due to the City or Successor Agency, or successor thereto, or on any obligations under the terms of this Agreement. Section 10. 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. �EMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURES TO FOLLOW] -4- G:\CityM rUtyan Stendell\Staff Reports�2014Vanuary 23�Palm Desert SA-Freedom Dog Park Project Bond Pmceeds Funding Agreement 1- 23-14.�ocx Contract No. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers. SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY By JOHN M.WOHLMUTH,EXECUTNE DIRECTOR ATTEST: RACHELLE D. KLASSEN, SECRETARY SUCCESSOR AGENCY OF THE PALM DESERT REDEVELOPMENT AGENCY CITY OF PALM DESERT By VAN G. TANNER, MAYOR ATTEST: RACHELLE D. KLASSEN,CITY CLERK APPROVED: OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY By ROBERT A. SPIEGEL, CHAIR Date: -5- G:\CiryM rUtyan Stendell�Staff Reports�2014Uanuary 23�Palm Desert SA-Freedom Dog Park Projact Bond Proceeds Funding Agreement 1- 23-14.�ocx uogdposea dew Jalu3 z \ 00 Ico p ■ ■ ■ § 2 Q @ o co w f % CD § . Em9£ —o JE j kkj% ©Eo. , z �IR 2� �§4g 0