R-7135
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RESOLUTION NUMBER 7135 (ces)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA DETERMINING CERTAIN PARKING fu~D PUBLIC
IMPROVEMENTS TO BE OF BENEFIT TO THE DOwNTOwN
REDEVELOPMENT PROJECT AREA AND DETERMI~ING THAT NO
OIHER REASONABLE MEANS OF FINANCING SAID PARKING AND PUBLIC
IMPROVEMENTS IS AVAILABLE TO THE CITY;
CONSENTING TO THE PAYMENT BY
THE SANTA MONICA REDEVELOPMENT AGENCY OF THE COST
OF CONSTRUCTION AND INSTALLATION OF SUCH PARKING
AND PUBLIC IMPROVEMENTS; AND APPROVING AND AUTHORIZING
EXECUTION OF A COOPERATION AND REIMBURSEMENT
AGREEMENT BETWEEN THE AGENCY AND THE CITY
WHEREAS, the Cl.ty desl.res to enter into a Cooperation and
Reimbursement Agreement (attached hf'reto as Exhibit "A") with thp
Santa Monica Redevelopmf'nt Agency rf'garding paymf'nts to thf' City
for the value and cost of certain parking and public improveme:>nts
of b€'nf'f i t to the:> Downtown Rf'df'velopment ProJect Area; and
WHEREAS, californla Health and SafPty Code Section 33445 re-
qUires the City Council to consent to said payments and to de te r-
mine that thE' parking and public improvements are of benef i t to
thE' Redevelopment ProJect Area and that no other reasonable means
of finanCing said parking and publIC improvements is available to
the C1 ty pnor to sa id payments being made by the Agency; and
WHEREAS, Health and Safety Code Sec tl.on 33679 requ 1 re s that
pr~or to thp comm1 tment by thE' Agency to uSP tax incrempnt fund s
for the purpose of pay l.ng all or part of the value of thp land
for and the cost of the installation and construct1on of publlCly
owned bUild1ngs, the City Council hold a publ1C hparing to con-
Sider the making of sllch payments by the Age ncy , the benef1t of
such improvements to the Rpdevplopmpnt ProJPct Area, and the
ava1lab1l1ty to the Clty of alternat1ve m€'ans of f1nanc1ng such
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lmprOVl?me>ntsi
WHEREAS, on Dl?cember 17, 1985, thE' clty Council ana thp Agl?n-
cy hE'ld a duly notlcE'd pu b 11 C hearing on thE' propospd paymE'nts by
thl? AgencYi
WHEREAS, the lSSUe> of bpne>flt to the> proJPct Are>a, and the
alte>rnatlve> IDe>ans of flnanclng the> lmprovements havp be>E'n con-
slae>red In the> Report E'ntltlE'a "Summary Report PE'rtalnlng to thE'
Proposed Payment by thp Santa Monica Re>dE'velopmE'nt Age>ncy for thE'
Cost of Certaln Parklng and Public ImproVE'mE'nts for thE' Benpflt
of thE' Downtown Redevploprnpnt ProJect", attachpd hpreto as Ex-
hlblt .'BII ana lncorporatE'd hereln by referl?ncei and
WHEREAS, the> value and cost of sald parklng and publlC lrn-
provements has be>pn, or wlll be, pald for lnltlally by the Clty r
NOW, THEREFORE, THE CHi:' COUNCIL OF THE CITY OF SANTA 110N I CA
DOES HEREBY RESOLVE AS FOLLO\1S:
SECTION l. It lS hE'rE'by detprmlne>d for the rE'asons s<"t forth
ln Part IIIA of Ex hibl t "Bu that thp parklng and publIc lmprovp-
mpnts constructed and lnstal-1E'd by the Clty pursuant to thE'
Cooperatlon ana RplmbursE'ment AgreeffiE'nt be>twpen the Clty and
AgE'ncy, are> of benpf 1 t to the Downtown Rl?dpvploprnent ProJPct
ArE'a.
SECTION 2. Thp City Councll hl?re>by determlnps for the rpa-
sons set forth 1n Part IIIB of Exhlbit liB", that no othp r rpa-
sonabIe mE'ans of f1nanclng sald parklng and pubI1C lmprovPffipnts
is avallablE> to the Cay.
SECTION 3. Thf' Cl ty COunCIl hprpby conspnts to and approves
paympnt from thp Sant3 Monlca Rpdpvl?lopmpnt Agpncy to the Clty as
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r~ imbur sement to thf' City for thf' valu\'" and cost of the- installa-
tion and construction of thE' improvE'mf'nts, as SE't forth 1n thE'
abovE'-rE'ferenced Coopf'ration and RE'lrnbursemE'nt Agrf'emE'nt (Ex h1bit
"A" ) .
SECTION 4. The CoOpE'ratlon and Re1rnbur spment AgrE'empnt 1S
hereby approved; and thE' Mayor is h~rpby authorized to pxpcutp
said AgreernE'nt on bE'half of the Clty.
SECTION 5. The C1ty Clerk shall cf'rt1fy to the adoptlon of
th1S Resolut1on, and thencpforth and therpaftE'r thE' samE' shall bE'
in full forcE' and E'ffect.
APPROVED AS TO FORM:
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By:
ROBERl' l1. HYERS
C1 ty Attornf'Y
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Adopted and approved this 17th day of December, 1985.
U~Jc.k~ -
/ Mayor
I hereby certify that the foregOIng Resolution No. 7135(CCS)
was duly adopted by the City Council of the City of Santa Monica
at a meeting thereof held on December 17, 1985 by the following
Council vote:
Ayes: Councilmembers: EpsteIn, A. Katz, H. Katz and
Mayor Reed
Noes: Councilmembers: Conn, Jennings and Zane
AbstaIn: Councllmembers: None
Absent: Councilmembers: None
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ATTEST: .~ -
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Ci ty:, CJ.er/5. .--.
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, . . EXHI3IT A
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COOPERATION AND REI:.IBCRSE:YIENT AGREEMENT
FOR THE CONSTRUCTION OF PUBLIC ThIPROVE:-'lE}lTS
BY THE SANTA ~lONICA REDEVELOPMENT AGE}lCY
DOWNTOWN REDEVELOPMENT PROJECT
BY AND BETWEEN
CITY OF SANT A ~lONICA
AND
SANTA }1O~11CA REDEVELOP:VIENT AGENCY
THIS AGREE:Y1ENT is entered into this day of ,198 , by
and between SANTA MONICA REDEVELOP~IENT AGENCY, a publ1c body corporate
and politic (the "Agency"), and the CITY OF SANTA MONICA, a municipal corporation
(the "City"), wIth reference to the following:
A. The Age:1cy is undertaking certain activities necessary for the execution of
the Downtown Redevelopment ProJect (the "Project") uncer the provisions of the
Califol'llia Commlllli.ty Redevelopment La''/' and pursuant to the Redevelopment Plan
for the Project, which Redevelopment Plan was adopted on January 13, 1976 by
Ordinance No. 1021 of the City Council of the City of Santa ~iIonica;
B. The Agency desires to contract with the City to perform certain public
improvements and facIlitIes described herein in connection with the Project;
C. The Agency and the City Council have deter"":1ined that said public
improvements and facilities described in this Agreement are of benefit to the Project
and that no other reasonable means of financmg said improvements is available to the
City;
D. The City has paid or will pay for saId pubhc improvements on condition
that the Agency reimburse the City for its costs.
NOW. THEREFORE, the parties hereto do mutually agree as follows:
I. [~ 100] SCOPE OF SERVICES
The City shall cause to be designed. constructed and installed the following
public facilities and improvements in a satisfactory and proper manner pursuant to
plans and specIficatlons to be pre;;Jared by the City and submItted to the Agency for its
approval:
The Third Street Mall Par'dng and Public Improvements Plan. as generally
descrlbed in that certaIn Summary Report dated November 29, 1985, attached hereto,
labelled "ExhIbIt An and incorporated herem by thIS reference.
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ll. I5 2001 'I111E OF PERFOR:'lANCE
'The services requi,ed pursUfu"1t to Section 100 shall commence within a
reasonable time after P-..gency aDproval of plans therefor and shall be diligently
prosecuted by the City.
ill. I5 300] COMPENSATION A}:[D METHOD OF PAYMENT
A. [5 301] O:>mpensation
The Agency shall pay the City for the actual as-buUt costs incurred by the City
for the public improvement worl{ set forth in Section 100 together with simple interest
at the rate of Ten Percent (10%) per annum calculated from the time of the City's
payment of such costs. The City's preparation of !;'lans and s!;'ecifications and
performance of all City supervisory and engmeering work shall be reimbursed by the
Agency at the City's actual costs including payroll costs, materral, travel, and other
related expenses, together with sir.Jple interest at the rate of Ten Percent (1()%) from
the time of the City's accrual of such City staff costs, or the effective date of this
Agreement, whichever occurs last.
, B. [5 302] MaxlT!lum Comoensation
The total compensation for all work performed uncer Section loa shall not
exceed the sum of Seventeen Million Do12.a..'"S ($17,000,000), (19B5 Dollars), plus interest
calculated in accordl!.nce with Section eel above, without further Agency approval.
c. [5 303] Method of Payrr::ent
The Agency shall, consistent with the proper and orderly implementation of the
Redevelopment Plan, pay the City from any funds which may then be legally available
to Agency therefor, including tax inc:er:1ent payments and proceeds from the sale of
bonds.
D. [S 304] ~bcrdination of City Indebtedness
The indebtedness of the Agency to the City created by this Agreement is
subordinate to any plecge of tax mc:-ements to the bondholders of any tax increment
bonds whic..'1 are or may be issued by the Agency and to any other indebtedness
incurred by the Agency as reasonably necessary for the prope!' and orderly
implementation of the Redevelopment Plan.
IV. [5 4001 IlABILITY A}:[D mDE~>1NIFICATION
In contemplation of the provisions of Section 895.2 of the Government Code of
the State of California imposing certain tort liabJ.1ity jointly upon public entities solely
by reason of such entities being parties to an agreement as defined by Section 895 of
said Code, the parties hereto, as between themselves, pursuant to the authorization
contained in Section 895.4 and 895.0 of said Code, will each assume the full liability
imposed upon it, or any of its ofncers, agents or employees by law for inJury caused by
negligent or wrongful act or om15SlOn occurring In the performance of thIS Agreement
to the sa1"le extent that such liability ".'I'ould be im~osed in the abse!1ce of SectlOn 895.2
of said Code. To aChIe'le the above-stated purpose each patty incemmfies and holds
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h~:nless the other party for any loss, costs or expense that may be imposed upon such
other party solely by virtue of said Section 895.2. The [)rOViSlOns of Section 2778 of
the Califorma Civil Code are made a part hereof as if fully set forth herem,
IN WITNESS WHEREOF. the parties have executed the Agreement as of the date
first set out herein,
ATTEST: CITY OF SANTA MONICA
By:
City Clerk Mayor
APPROVED AJ3 TO FORM:
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City Attorney
ATTEST: SANTA MONICA REDEVELOPMENT
AGENCY
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Agency Secretary E."ecutlve Director
APPROVED:
AgerJ.cy Counsel
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By:
235(2-2 Robert M. Myers
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IMPQOVEMENT CONCEPT Ir .., 1 &~U.- - -'I ~.;;~;;~
1200 1300 14CO SLOCKS L.::I ~ -;~AUO"'C"""'<:.E I ~ "''''::~
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EXHIBIT C
CONST~UCTION COST ESTI}~TES
PAJL,ING A,\~ PUBLIC
(1985 DOLLARS)
First Phase - Mall and Related (1986)
0 Existing ~all passageway improvements $ 63,938
0 Construction of two block length alley segments 193,575 -
0 Selection of one block length ~all segment 949,485
0 Off-street park~ng (300 sP?ces) 3,375,000
Subtotal $ 4,581,998
Second Phase - Mall and Related (1987)
0 Second block le~gth of Mall $ 949,485
0 Two or more alley block lengths 193,575
0 One new Mall passageway 306,250
Subtotal $ 1,449,310
Th~rd Phase - ~all and Related (1988)
0 Third block length of Mall $ 949,485
0 Two more alley block lengths 193,575
0 Ar~zona promenade 303,063
Subtotal $ 1,446,123
Fourth Phase - Mall and Related-(1989)
0 Two new Mall passageways $ 612,500
0 Plaza 545,400
0 Street intersect~ons (four) 286,795
0 Three streetscapes (Broadway, Wilshire,
Santa Mon~ca Boulevard) 517,500
Subtotal S 1,960,195
Fifth Phase - Mall and Related (1990 =)
0 Off-street park~ng (600 spaces) $ 6,750,000
TOTAL $16,187,626
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