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HomeMy WebLinkAboutRprt - Portola Ave - I-10 Intrchng Prjct BPFACITY OF PALM DESERT/SUCCESSOR AGENCY OF THE PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: RECEIVE AND FILE MEMORANDUM OF UNDERSTADING BETWEEN COACHELLA VALLEY ASSOCIATION OF SUBMITTED BY: DATE: CONTENTS: Recommendation TO EXECUTE RELATED DOCUMENTS GOVERNMENTS, THE CITY OF PALM DESERT AND THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND AUTHORIZE CITY MANAGER Paul S. Gibson, Director of Finance July 10, 2014 Memorandum of Understanding By Minute Motion that the City Council and Successor Agency Board receive and file the Memorandum of Understanding Related to the Bond Proceeds Funding Agreement ("Agreement") for the Portola Avenue/I-10 Interchange Project by and among the Coachella Valley Association of Governments ("CVAG"), the Successor Agency to the Palm Desert Redevelopment Agency ("Successor Agency") and the City of Palm Desert and authorize City Manager to execute related documents. Backqround On February 28, 2008, City Council approved Contract No. C27330B with Coachella Valley Association of Governments (CVAG) to participate in the funding of the future construction of the Portola Avenue/I-10 Interchange. On March 13, 2014, City Council and the Successor Agency Board approved the Bond Proceeds Funding Agreement, substantially as to form, approving funding of the local portion of this project. Section 2(b) of the agreement provides CVAG the ability to deposit the funds in an interest bearing Escrow Account at any City selected financial institution. Based on staff's research relative to the conditions and requirements applied to these funds, staff believes the most advantageous institution for these funds to be the California Asset Management Program ("CAMP"). The MOU clarifies the agreement to include CAMP as an approved for this purpose. As part of the finalization of the agreement, the approved the Memorandum of Understanding with CVAG to clarify the Portola/I-10 Interchange Project. financial institution City Manager has the agreement for G:\rda\Veronica Tapia\Word Files\Staff Reports\Successor Agency\Bond Proceed Agreements\Completed BPFAs\Portola @ I-10\SR-CVAG PoAola @ I-10 Bond Proceeds MOU 6-10-14.docx Staff Report Portola Avenue/I-10 Interchange CVAG Agreement MOU Page2of2 July 10, 2014 Fiscal Analvsis $15,000,000 of the City's share has been approved for payment by the Successor Agency from available bond proceeds. CVAG has agreed to fund up to 75% of the estimated total project cost of $72,100,000. Pursuant to Sections 6 and 7 of the agreement, the remaining portion may be funded by Measure A Funds, unless additional bond proceeds are available for use. Only in the event there are no funding sources available from Measure A, Successor Agency, or CVAG would the City have to consider utilizing monies available in the Capital Projects Fund to pay for any of the costs. Prepa ed By: � ;� f .�' ,_ Paul S. G bson, Director of Finance provaL �` �hn M. Wohlmuth ity Manager/Executive Director of the Successor Agency of the Palm Desert Redevelopment Agency G:\rdalVeronica Tapia\Word Files\Staff Reports\Successor Agency\Bond Proceed Agreements\Completed BPFAs\Portola @ I-10\SR-CVAG Portola @ I-10 Bond Proceeds MOU 6-10-14.docx MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (the "MOU") is dated as of , 2014, by and among the Coachella Valley Association of Governments ("CVAG"), the City of Palm Desert (the "City"), and the Successor Agency to the Palm Desert Redevelopment Agency (collectively, with the City and CVAG, the "Parties"). WHEREAS, the Parties have entered into that certain Bond Proceeds Funding Agreement Regarding Portola Avenue/I-10 Interchange Project (the "Agreement"), dated as of April 24, 2014; and WHEREAS, the Parties desire to clarify the Parties' intent and agreement regarding certain terms of the Agreement; NOW THEREFORE, the Parties hereby jointly acknowledge and declare as follows: 1. With respect to Section 2(b) of the Agreement, the term "Bank" includes the California Asset Management Program ("CAMP"), a joint powers authority established pursuant to California Government Code Section 6500 et seq., and the term "interest bearing account" includes shares in any investment trust established by or under CAMP. 2. The foregoing is intended to clarify the inclusion of CAMP, as among the financial institutions at which the City may designate the maintenance of the SA Account. It is not intended, and shall not be construed as, a limitation on City's designation under Section 2(b) of the Agreement. 3. This MOU may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same. COACHELLA VALLEY ASSOCIATION OF CITY OF PALM DESERT GOVERNMENTS By: Print Name: Title: By: Print Name: Title: SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY By: Print Name: Title: -1- 12812-0001\1723750v1.doc