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HomeMy WebLinkAboutC-2624COOPERATIVE AGREEMENT (PUBLIC IMPROVEMENTS) BY AND BETWEEN ARCADIA REDEVELOPMENT AGENCY AND CITY OF ARCADIA This Cooperative Agreement (Public Improvements) is entered into this 6th day of April, 2011 by and between the Arcadia Redevelopment Agency, a public body, corporate and politic ( "Agency ") and the City of Arcadia, a California municipal corporation and charter city ( "City "). The Agency and the City each may be referred to as "Party" or collectively as the "Parties" in this Agreement. RECITALS WHEREAS, the City Council ( "City Council ") of the City of Arcadia ( "City ") approved and adopted a redevelopment plan ( "Redevelopment Plan ") for a redevelopment project area known as the Downtown Arcadia Central Redevelopment Project Area ( "Project Area ") on December 26, 1973; and WHEREAS, the Agency is engaged in activities to execute and implement the Redevelopment Plan pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code § 33000, et seq.) ( "CRL "); and WHEREAS, the Agency desires to transfer that certain amount of redevelopment tax increment funds ( "Agency Funds "), set forth in Exhibit "A" attached hereto and incorporated herein by reference, to the City, and the City desires to accept such funds for the City to conduct the following public improvements within the Project Area as further described in Exhibit "A" attached hereto ( "Public Improvements "): (1) pedestrian and transit plaza improvements to the area adjacent to the Metro Gold Line station ( "Gold Line Improvements "); and (2) sidewalk repair, landscaping, tree maintenance and lighting in Arcadia's downtown and Huntington Drive Capacity Improvements ( "Downtown Improvements "); and WHEREAS, CRL Section 33445 provides that the Agency may use tax increment funds, received pursuant to CRL Section 33670 ( "Tax Increment Funds "), to pay all or a part of the value of the cost of the installation and construction of public improvements located inside or contiguous to the Project Area if the City Council makes certain findings; and WHEREAS, in City Council Resolution No. 6761, on April 5, 2011, the City Council has made the following necessary findings pursuant to CRL Section 33445 with regard to the Gold Line Improvements. The improvements will add enhancements to the Gold Line area that will upgrade the quality of the overall Gold Line appearance and experience in Arcadia for visitors, businesses and residents. These improvements will enhance circulation which facilitates access to the Project Area and benefits local businesses through bringing new customers to Downtown Arcadia. The Transit Plaza 1 project is located on a triangular piece of property at the northwest corner of Santa Clara Street and First Avenue, adjacent to the Gold Line station and parking structure. The project will create an important public gathering place and will install landscaping, benches, trash receptacles, lighting fixtures, public art, and wayfinding elements. The Gold Line Pedestrian Linkage Project includes an area up to '/ mile radius from the planned Gold Line station on streets radiating from or approaching the station including Santa Clara Street, First Avenue, and Wheeler Street. The project will create 1.45 miles of pedestrian enhancements by installing pedestrian scaled lighting, wayfinding signage, landscaping, benches, trash receptacles, sidewalk widening, curb ramps, crosswalk enhancements, pedestrian timed signals, and curb extensions: (a) The Agency's provision of tax increment funds to be used as matching funds for the grant of funds for the construction of the Gold Line Improvements is of benefit to the Project Area because: (1) the Gold Line Improvements will improve public safety and travel to and from and within the Project Area; (2) more people will be drawn into the Project Area as a result of the Metro Gold Line station; (3) and long -term economic and property development will be encouraged as a result of the ease of travel to and from the Project Area. (b) There are no other reasonable means of financing the Gold Line Improvements available to the City because: (1) the City's general fund moneys are fully committed to other programs, projects and financial obligations and may not be used as match funds necessary to receive a grant to complete the Gold Line Improvements; (2) the City's reserve funds must remain in reserve and may not be used toward the completion of the Gold Line Improvements; (3) there are no other funds available to be used as match funds to obtain the grants to complete the Gold Line Improvements; (4) there are no revenues from City taxes available for use in completing the Gold Line Improvements. (c) The Gold Line Improvements will assist in the elimination of one or more blighting conditions in the Project Area by: (1) improving travel and public transportation flow to and from the Project Area; and (2) encouraging new development near the Metro Gold Line station in particular as well as throughout the Project Area as a result of improved travel and the associated influx of people into the Project Area as a result of the Gold Line Improvements. (d) The payment of funds for constructing the Gold Line Improvements is consistent with the Implementation Plan adopted pursuant to CRL Section 33490 and the Redevelopment Plan. WHEREAS, in City Council Resolution No. 6761, on April 5, 2011, the City Council has made the following necessary findings pursuant to CRL Section 33445 with regard to the Downtown Improvements. These improvements are crucial to the appearance and function of the Project Area. The street improvements along Huntington Drive are critical in expanding capacity along the Project Area's major thoroughfare. Huntington Drive provides the major east -west corridor through the Project Area and currently a "bottleneck" exists at the intersection of Huntington Drive, 2 Colorado Place, and Santa Clara Street. This project will add turn lanes, complete signal improvements, upgrade sidewalks, and enhance driver safety in this area. Landscaping improvements at the "gateway" into the Project Area at the 1 -210 Freeway and Santa Anita Avenue are another long planned project that will greatly aid in the creation of a positive aesthetic image of the Project Area. These on -ramps are currently a visual blight and are not maintained by Caltrans due to budget concerns. This project will be the first impression visitors and residents will have as they enter the Proejct Area from the Freeway or from the north. The public improvements along Huntington Drive and First Avenue will be an extension of the Gold Line Pedestrian linkage improvements and will enhance the Project Area through the removal of damaging trees, the planting of new trees and landscaping, the addition of pedestrian lighting, sidewalk repair, and maintenance of the streetscapes on these two vital streets within the Project Area (a) The Agency's provision of tax increment funds to be used for the construction of the Downtown Improvements is of benefit to the Project Area because: (1) the Downtown Improvements will improve public safety and travel within the Project Area as a result of improved sidewalks and lighting; (2) the appearance, viability, safety and qualify of life within the Project Area will be enhanced; (3) more people will be drawn into the Project Area as a result of the Downtown Improvements; (4) and long- term economic and property development will be encouraged as a result of the improved appearance of the Downtown area. (b) There are no other reasonable means of financing the Downtown Improvements available to the City because: (1) the City's general fund moneys are fully committed to other programs, projects and financial obligations and may not be used to complete the Downtown Improvements; (2) the City's reserve funds must remain in reserve and may not be used toward the completion of the Downtown Improvements; (3) there are no other funds available to be used to complete the Downtown Improvements; (4) there are no revenues from City taxes available for use in completing the Downtown Improvements. (c) The Downtown Improvements will assist in the elimination of one or more blighting conditions in the Project Area by: (1) improving pedestrian travel and public safety within the Project Area; (2) providing much needed aesthetic treatments to underutilized and under maintained public areas; and (3) encouraging new development near in the Downtown area in particular as well as throughout the Project Area as a result of improved pedestrian travel and the associated influx of people into the Downtown area as a result of the Downtown Improvements. (d) The payment of funds for constructing the Downtown Improvements is consistent with the Implementation Plan adopted pursuant to CRL Section 33490 and the Redevelopment Plan. 3 AGREEMENT NOW, THEREFORE, in consideration of the promises contained below and other good and sufficient consideration, the Agency and the City agree as follows: 1. Recitals. The Recitals set forth above are incorporated into this Agreement by this reference. 2. Agency's Obligations. 2.1 The Agency agrees to pay Tax Increment Funds to the City to provide the City with funds to construct the Public Improvements. To the extent the Agency does not have Tax Increment Funds available on the date of this Agreement, the Agency shall pay to the City the first of any and all existing or future funds due to or received by the Agency including, without limitation, Tax Increment Funds, for the purpose of acquiring land or constructing the Public Improvements. 3. Indebtedness. 3.1 The Agency's obligations under this Agreement, including without limitation the Agency's obligation to make the payments to the City required by this Agreement, shall constitute an indebtedness of the Agency for the purpose of carrying out the redevelopment of the Project Areas and are obligations to make payments authorized and incurred pursuant to CRL and other applicable statutes including, but not limited to, Section 33445 of the CRL. The obligations of the Agency set forth in this Agreement are contractual obligations that, if breached, will subject the Agency to damages and other liabilities or remedies. 3.2 Notwithstanding the provisions of Section 3.1, the obligations of the Agency under this Agreement shall be subordinate to the rights of the holder or holders of any existing bonds, notes or other instruments of indebtedness of the Agency incurred or issued to finance the Project Area. 4. City's Obligations. 4.1 The City shall undertake the Public Improvements upon receipt of Agency Funds, or as soon thereafter as reasonably practicable. 4.2 The City shall use Agency Funds solely for the purpose of constructing the Public Improvements associated with such Agency Funds as set forth in Exhibit "A ". 5. General Terms. 5.1 Modification and Amendments. This Agreement may be modified or amended only by a written instrument signed by both Parties to this Agreement. 4 5.2 Default. If either party fails to perform or adequately perform an obligation required by this Agreement within thirty (30) calendar days of receiving written notice from the non - defaulting party, the party failing to perform shall be in default hereunder. In the event of default, the non - defaulting party will have all the rights and remedies available to it at law or in equity to enforce the provisions of this contract, including without limitation the right to sue for damages for breach of contract. The rights and remedies of the non - defaulting party enumerated in this paragraph are cumulative and shall not limit the non - defaulting party's rights under any other provision of this Agreement, or otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of the Agreement or hereinafter enacted or established, that may be available to the non - defaulting party against the defaulting party. 5.3 Binding on Successors. This Agreement shall be binding on and shall inure to the benefit of all successors and assigns of the parties, whether by agreement or operation of law. 5.4 Severability. If any term, provision, or section of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, the Agency and the City agree that the invalid term, portion or section may be severed from this Agreement and the remainder of this Agreement may be enforced in its entirety and the remaining provisions of the Agreement shall not in any way be affected or impaired thereby. 5.5 Waiver. No waiver by either Party of any breach of or default under this Agreement shall be deemed to be a waiver of any other or subsequent breach hereunder. 5.6 No Third Party Beneficiary. This Agreement is intended solely for the benefit of the City and the Agency. Notwithstanding any reference in this Agreement to persons or entities other than the City and the Agency, there shall be no third party beneficiaries under this Agreement. 5.7 Section Headings. The section headings used in this Agreement are for the purposes of convenience only and shall not in any way alter or amend the express terms of each section. [SIGNATURES ON THE FOLLOWING PAGE] 5 SIGNATURE PAGE TO COOPERATIVE AGREEMENT (PUBLIC IMPROVEMENTS) BY AND BETWEEN ARCADIA REDEVELOPMENT AGENCY AND CITY OF ARCADIA IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives as of the date first hereinabove written. AGENCY: ARCADIA REDEVELOPMENT AGENCY, a public body, corporate and politic CITY: CITY OF ARCADIA, a California municipal corporation and charter city By: By: �orr• -f-�p Donald Penman, Executive Director Donald Penman, City Manager ATTEST: EN 1 � .. , .. �t, , Nj WN A . . Secretary APPROVED AS TO FORM ATTEST: APPROVED AS TO FORM By: PA r f - f By: RqJ4L P, 1 Step en P. Deitsch, Agency Counsel Steph n P. Deitsch, City Attorney G EXHIBIT "A" Description and Cost of Public Improvements Arcadia Redevelopment Agency Public Improvements — HSC Section 33445 Gold Line Improvements • Design of Gold Line Transit Plaza $ 50,000 • Gold Line Pedestrian Linkage Improvements (matching funds for MTA Grant) $ 833,000 • Transit Plaza Improvements (matching funds for MTA Grant) $ 136,000 Downtown Improvements • Streetscape — Landscaping Improvements o Downtown 2000 Streetscape Improvements $ 500,000 o Gateway Landscape Beautification Project $ 300,000 • Street Circulation/Traffic Improvements o Huntington Drive Capacity Improvements $ 600,000 Total Costs of Projects Exhibit "A" $2,419,000