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1990-023-Execution Of A Cooperation Agreement Between The Town And The Redevelopment Agency Of The Town Of Los GatosRESOLUTION 1990 - 23 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF A COOPERATION AGREEMENT BETWEEN THE TOWN AND THE REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS WHEREAS, the Town Council of the Town of Los Gatos, acting pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000 et sea. has activated the Redevelopment Agency of the Town of Los Gatos (the "Agency ") and has declared itself to constitute the Agency by Ordinance No. 1806, adopted on December 4, 1989; and WHEREAS, pursuant to the Community Redevelopment Law, the Agency is performing a public function of the Town and may have access to services and facilities of the Town; and WHEREAS, the Town and the Agency desire to enter into an agreement in order to: (1) Set forth activities, services and facilities which the Town 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 Town for actions undertaken and costs and expenses incurred by it, for and on behalf of the Agency; NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The "Cooperation Agreement" between the Town of Los Gatos and the Redevelopment Agency of the Town of Los Gatos, in the form attached to this resolution and incorporated herein by reference, is hereby approved, and the Mayor and Town Clerk are hereby directed and authorized to execute said Cooperation Agreement on behalf of the Town. Section 2. The Town Council hereby appropriates, and directs and authorizes the Town Finance Manager to establish a budget encumbrance for the Town's obligations under the Cooperation Agreement in the amount of $200,000.00. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 22nd day of January, 1990, by the following vote: COUNCIL MEMBERS AYES: Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton, Brent N. Ventura Mayor Thomas J. Ferrito NAYES: None ABSENT: None ABSTAIN: None SIGNED r MAYOR OF-THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST / CLERK OF THE TOWN OF LOS 66S LOS GATOS, CALIFORNIA f clk:d5:012290.23 COOPERATION AGREEMENT THIS AGREEMENT is entered into as of the 22nd day of January, 1990, by and between the TOWN OF LOS GATOS (herein the "Town ") and the REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS (herein the "Agency"). Recitals A. The Town Council of the Town of Los Gatos, acting pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seg.), has activated the Agency and has declared itself to constitute the Agency, by Ordinance No. 1806, adopted on December 4, 1989. B . Pursuant to the Community Redevelopment Law, the Agency is performing a public function of the Town and may have access to services and facilities of the Town. C. The Town and the Agency desire to enter into this Agreement: (1) To set forth activities, services and facilities which the Town 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 Town for actions undertaken and costs and expenses incurred by it for and on behalf of the Agency. Agreements 1. The Town agrees to provide for the Agency such staff assistance, supplies, technical services and other services and facilities of the Town as the Agency may require in carrying out its functions under the Community Redevelopment Law. Such assistance and services may include the services of officers and employees and special consultants. 2. The Town 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 LCA /CoopAgmt /CDC 1/9/90 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. 3. The Town 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 Town can be ascertained. The Town shall periodically, but not less than annually, submit to the Agency a statement of the costs incurred by the Town in rendering activities and services of the Town to the Agency pursuant to this Agreement. Such statement of costs may include a proration of the Town's administrative and salary expense attributable to services of Town officials, employees and departments rendered for the Agency. 4. The Agency agrees to reimburse the Town for all costs incurred for services by the Town 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 source of funds to the repayment of other indebtedness incurred by the Agency in carrying out the redevelopment project. The costs of the Town 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 Town shall be entitled to repayment of the expenses incurred by the Town under this Agreement, consistent with the Agency's financial ability, in order to make the Town whole as soon as practically possible. 5. The Town agrees to include the Agency within the terms of the Town's insurance policy. The Agency shall pay to the Town its pro rata share of the costs of insurance applicable to its activities resulting from the Agency's inclusion in the Town'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 Town by the Agency with interest at ten percent (10 %) per annum. LGA /CoopAgmt /CDC 2 1/9/90 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first ab-ve written. ATTEST: Z- TC By Town Clerk (- ATTEST Secretary "TOWN" REDEVELOPMENT AGENCY OF THE TOWN OF�LO5 GATOS M I "AGENCY" LGA/CoopAgmt/CDC 3 1/9/9()