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
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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,
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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.
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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.
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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]
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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