CC Resolution No. 99-211RESOLUTION NO. 99-211
RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING AND AUTHORIZING THE EXECUTION OF A
COOPERATION AGREEMENT WITH THE CUPERTINO
REDEVELOPMENT AGENCY
WHEREAS, the City Council of the City of Cupertino, acting pursuant to the
provisions of the California Community Redevelopment Law (Health and Safety Code
Section 33000 et seq.), has activated the Cupertino Redevelopment Agency (the
"Agency") and has declared itself to constitute the Agency by Ordinance No. 1421,
adopted on June 1, 1987; and
WHEREAS, pursuant to the Community Redevelopment Law, the Agency is
performing a public function of the City and may have access to services and facilities
of the City; and
WHEREAS, the City and the Agency desire to enter into an agreement in order
to:
(1) Set forth activities, services and facilities which the City will render
for and make available to the Agency in furtherance of the activities and functions of the
Agency under the Community Redevelopment Law; and
(2) Provide that the Agency will reimburse the City for actions
undertaken and costs and expenses incurred by it, for and on behalf of the Agency;
NOW, THEREFORE, BE IT RESOLVED BY THE CUPERTINO CITY COUNCIL
that the "Cooperation Agreement" between the City of Cupertino and the Cupertino
Redevelopment Agency, in the form attached to this resolution and incorporated herein
by this reference, is hereby approved, and the City Manager is hereby directed and
authorized to execute said Cooperation Agreement on behalf of the City Council.
PASSED AND ADOPTED at a regular adjourned meeting of the Cupertino City
Council this 19~h day of July, 1999, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Burnett, Chang, James, Statton, Dean
None
None
None
ATTEST:
City ~
APPROVED:
Mayor, Cupertir}~ City Council
COOPERATION AGREEMENT
THIS AGREEMENT is entered into as of the day of
1999, by and between the CITY OF CUPERTINO (herein the "City") and
CUPERTINO REDEVELOPMENT AGENCY (herein the "Agency").
the
Recitals
A. The City Council of the City of Cupertino, acting pursuant to the provisions
of the California Community Redevelopment Law (Health and Safety Code Section
33000 et seq.), has activated the Agency and has declared itself to constitute the
Agency, by Ordinance No. 1421, adopted on June 1, 1987.
B. Pursuant to the Community Redevelopment Law, the Agency is
performing a public function of the City and may have access to services and facilities
of the City.
C. The City and the Agency desire to enter into this Agreement:
(1) To set forth activities, services and facilities which the City will
render for and make available to the Agency in furtherance of the activities and
functions of the Agency under the Community Redevelopment Law; and
(2) To provide that the Agency will reimburse the City for actions
undertaken and costs and expenses incurred by it for and on behalf of the Agency.
Agreements
NOW, THEREFORE, THE CITY AND THE AGENCY AGREE AS FOLLOWS:
1. The City agrees to provide for the Agency such staff assistance, supplies,
technical services and other services and facilities of the City as the Agency may
require in carrying out its functions under the Community Redevelopment Law.
CUP/CoopAgmt 7/15/99
Such assistance and services may include the services of officers and employees and
special consultants.
2. The City may, but is not required to, advance necessary funds to the
Agency or to expend funds on behalf of the Agency for the preparation and
implementation of a redevelopment plan, including, but not limited to, the costs of
surveys, planning, studies and environmental assessments for the adoption of a
redevelopment plan, the costs of acquisition of the property within the project area,
demolition and clearance of properties acquired, building and site preparation, public
improvements and relocation assistance to displaced residential and nonresidential
occupants as required by law.
3. The City will keep records of activities and services undertaken pursuant
to this Agreement and the costs thereof in order that an accurate record of the Agency's
liability to the City can be ascertained. The City shall periodically, but not less than
annually, submit to the Agency a statement of the costs incurred by the City in
rendering activities and services of the City to the Agency pursuant to this Agreement.
Such statement of costs may include a proration of the City's administrative and salary
expense attributable to services of City officials, employees and departments rendered
for the Agency.
4. The Agency agrees to reimburse the City for all costs incurred for services
by the City pursuant to this Agreement from and to the extent that funds are available to
the Agency for such purpose pursuant to Section 33670 of the Health and Safety Code
or from other sources; provided, however, that the Agency shall have the sole and
exclusive right to pledge any such sources of funds to the repayment of other
indebtedness incurred by the Agency in carrying out the redevelopment project. The
costs of the City under this Agreement will be shown on statements submitted to the
Agency pursuant to Section 3 above. Although the parties recognize that payment may
not occur for a few years and that repayment may also occur over a period of time, it is
the express intent of the parties that the City shall be entitled to repayment of the
expenses incurred by the City under this Agreement, consistent with the Agency's
financial ability, in order to make the City whole as soon as practically possible.
5. The City agrees to include the Agency within the terms of the City's
insurance policy. The Agency shall pay to the City its pro rata share of the costs of
CUP/CoopAgmt 2 7/15/99
insurance applicable to its activities resulting from the Agency's inclusion in the City's
policy.
6. The obligations of the Agency under this Agreement shall constitute an
indebtedness of the Agency within the meaning of Section 33670 et seq. of the
Community Redevelopment Law, to be repaid to the City by the Agency with interest at
percent ( %) per annum.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
CITY OF CUPERTINO
By
City Manager
"CITY"
CUPERTINO REDEVELOPMENT
AGENCY
By
Executive Director
"AGENCY"
CUP/CoopAgmt 3 7/15/99