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99-088 Cupertino Redevelopment Agency Reso 99-211COOPERATION AGREEMENT THIS AGREEMENT is entered into as of the 19th day of July 1999, by and between the CITY OF CUPERTINO (herein the "City") and the CUPERTINO REDEVELOPMENT AGENCY (herein the "Agency"). RPr_itals 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_ Six percent ( 6%) per annum. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CH "CITY" CUPERTINO REDEVELOPMENT "AGENCY" CUP/CoopAgmt 3 7/15/99 RESOLUTION 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 to: WHEREAS, the City and the Agency desire to enter into an agreement in order (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 I 91h day of July, 1999, by the following vote: Vote Members of the City Council AYES: Burnett, Chang, James, Statton, Dean NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: ityer Mayor, uperti ity ounce