Resolution 12117CITY OF ALAMEDA RESOLUTION NO. 12117
AUTHORIZING THE EXECUTION OF A COOPERATION AGREEMENT
BETWEEN THE CITY OF ALAMEDA AND THE
COMMUNITY IMPROVEMENT COMMISSION
WHEREAS, the City Council of the City of Alameda, acting
pursuant to the provisions of the California Community
Redevelopment Law (Health and Safety Code Section 33000 et seq.),
has activated the Community Improvement Commission of the City of
Alameda (the "Agency ") and has declared itself to constitute the
Agency by Ordinance No. 2103, adopted on August 4, 1982; and
WHEREAS, pursuant
Agency is performing a
access to services and
WHEREAS, the City
agreement in order to:
to the Community Redevelopment Law, the
public function of the City and may have
facilities of the City; and
and the Agency desire to enter into an
(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
actions undertaken and costs and expenses incurred by it, for
on behalf of the Agency;
for
and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The "Cooperation Agreement" between the City of
Alameda and the Community Improvement Commission of the City of
Alameda, in the form attached to this resolution and incorporated
herein by reference, is hereby approved, and the Mayor and City
Clerk are hereby directed and authorized to execute said
Cooperation Agreement on behalf of the City.
Section 2. The City Council hereby appropriates, and
directs and authorizes the Finance Director of the City to
establish a budget encumbrance for the City's obligations under
the Cooperation Agreement in the amount of $315,283.
COOPERATION AGREEMENT
THIS AGREEMENT is entered into as of the day of
, 19 , by and between the CITY OF ALAMEDA
(herein the "City") and the COMMUNITY IMPROVEMENT COMMISSION
(herein the "Commission").
Recitals
A. The City Council of the City of Alameda, acting
pursuant to the provisions of the California Community
Redevelopment Law (Health & Safety Code Section 33000 et sea.),
activated the Commission and declared itself to constitute the
Commission, by Ordinance No. 2103 N.S., adopted on August 3,
1982.
B. Pursuant to the Community Redevelopment Law, the
Commission is performing a public function of the City and may
have access to services and facilities of the City.
C. Pursuant to the Community Redevelopment Law, the
Commission is vested with the responsibility for and is carrying
out within the City, the West End Community Improvement Project
(the "WECIP") and the Business and the Waterfront Improvement
Project ("BWIP").
D. The City and Commission have previously entered into
annual Agreements to Repay Funds (the "Existing Agreements")
which set forth the terms and conditions of repayment by the
Commission of funds loaned by the City to the Commission for
redevelopment purposes.
E. The City has approved advances to the Commission
contained in the City's annual budget which were to be repaid
pursuant to the existing agreements.
F. The City and the Commission 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
Commission in furtherance of the activities and functions of the
Commission under the Community Redevelopment Law; and
(2) To affirm that the Commission will reimburse the
City for actions undertaken and costs and expenses incurred by it
for and on behalf of the Commission; and
(3) To consolidate the terms and conditions of all the
Existing Agreements with the terms and conditions of repayment of
funds advanced or any future funds loaned or advanced to the
Commission by the City into one agreement.
3.
Agreements
1. The City agrees to provide for the Commission the staff
assistance, supplies, technical services and other services and
facilities of the City as the Commission may require in carrying
out its functions under the Community Redevelopment Law. This
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 Commission or expend funds on behalf of the
commission for the preparation and implementation of a
redevelopment plan, including, but not limited to, staff, and
administrative costs, attorney's fees, the costs of surveys,
planning, studies and environmental assessments for the adoption
of a redevelopment plan, the costs of acquisition of 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. The City shall annually designate
the amount of funds to be loaned or advanced to the Commission by
resolution.
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 Commission's liability to
the City can be ascertained. The City shall periodically, but
not less that annually, submit to the Commission a statement of
the costs incurred by the City in rendering activities and
services of the city to the Commission 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 Commission.
4. The Commission agrees to reimburse the City for all
costs incurred for services by the City pursuant to this
Agreement form and to the extent that funds are available to the
Commission for such purpose pursuant to Section 33670 of the
Health & Safety Code or from other sources; provided, however,
that the Commission shall have the sole and exclusive right to
pledge any such sources of funds to the repayment of other
indebtedness incurred by the Commission in carrying out the
redevelopment project. The costs of the City under this
Agreement will be shown on statements submitted to the Commission
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 Commission's financial ability. The City shall be
repaid in accordance with the annual budget approved by the
Community Improvement Commission.
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5. It is understood by both the Commission and the City
that such repayment shall be a debt of the Commission shall be
repaid solely from tax-increment funds generated within the
Alameda County Improvement Project Area, in any. It is
understood that in the event such tax-increment revenues fail to
yield enough revenue to repay this obligation, the Commission is
under no obligation to the City to make such repayment from any
further funds or resources it may acquire.
6. The City agrees to include the Commission within the
terms of the City's insurance policy. The Commission shall pay
to the City its pro rata share of the costs of insurance
applicable to its activities resulting from the Commission's
inclusion in the City's policy.
7. The obligations of the Commission under this Agreement
shall constitute and indebtedness of the Commission within the
meaning of Section 33670 et sea. of the Community Redevelopment
Law, to be repaid to the City by the Commission with interest at
twelve percent (12%) per annum for amounts owed under the
Existing Agreements and twelve percent (12%) for amounts owed
other than the amounts owed under the Existing Agreements.
7. Upon execution of this Agreement by both the Commission
and the City, the Existing Agreements shall be void and no longer
of any effect and the repayment of the amounts under the Existing
Agreements shall be set forth in this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date first above written.
ATTEST:
City Clerk
CITY OF ALAMEDA
By
Mayor
-AND-
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"CITY"
ATTEST:
Secretary
Approved as to Form
City Attorney
COMMUNITY IMPROVEMENT COMMISSION
CITY OF ALAMEDA
By
Chairman
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"COMMISSION"
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the eighteenth of
June, 1991, by the following vote to wit:
AYES: Councilmembers Arnerich, Camicia, Lucas, Roth
and President Withrow - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this nineteenth day of June, 1991.
Patricia Calbreath, Deputy City Clerk
City of Alameda