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Home My WebLink AboutRES 97-40RESOLUTION NO. 97-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 4 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY The City Council of the City of Diamond Bar hereby finds, determines, resolves and orders as follows: SECTION 1. The Advance and Reimbursement Agreement Number 4 for Administrative and Overhead Expenses, attached hereto as Exhibit "A", is hereby approved. The Mayor is hereby authorized and directed to execute such Advance and Reimbursement Agreement Number 4 for and on behalf of the City. PASSED, APPROVED AND ADOPTED this 17th day of June , 1997. Nm'��- Mayor Pro Tem ATTEST: 1, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of theDiamond City Council of the City of Diamond Bar held on the 17 th day of June , 1997, by the following vote: AYES: COUNCIL MEMBERS: Ansari, Werner, MPT/Herrera NOES: COUNCIL MEMBERS: Harmony ABSENT: COUNCIL MEMBERS: M/Huff ABSTAINED: COUNCIL MEMBERS: None i� T� Lynda Burgess, City C'.erk 97-40 EXHIBIT "A" ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 4 FOR ADMINISTRATIVE AND OVERHEAD EXPENSES This Agreement is made as of the 17th day of June , 1997, by and between the CITY OF DIAMOND BAR (the "City") and the DIAMOND BAR REDEVELOPMENT AGENCY (the "Agency"). A. RECITALS: A. Pursuant to the Community Redevelopment Law (California Health and Safety Code Section 33000, gI sem.) the City is undertaking a program for the redevelopment of blighted areas in the City. B. The Agency is utilizing the staff and other resources of the City. The City Manager of the City serves as Executive Director of the Agency and it is anticipated that the staff of the Community Development Department and staff of the Public Works Department will devote substantial time in gathering information relating to redevelopment of blighted areas within the City, conferring with developers and potential developers of land within such blighted areas or the survey area, and conferring with public officials representing the taxing agencies and other governmental agencies regarding redevelopment. C. By providing and making available to the Agency the staff and other resources of the City, and by providing and making available to the Agency office space, equipment, supplies, insurance, and other City services and facilities, the City has advanced and will continue to advance the cost of the foregoing to the Agency. D. The City and the Agency desire to enter into this Agreement to acknowledge the foregoing recitals and to provide for an appropriate method of reimbursement of such advances by the Agency to the City. 97-40 NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS: Section 1. The City shall make available to the Agency its staff resources, office space, equipment, supplies, insurance and other services and facilities. The Agency shall have access to the services and facilities of the Planning Commission, the Community Development Department, the Public Works Department, the City Engineer, the other departments and offices of the City and the City Attorney. Section 2. The value of the staff resources, office space, equipment, supplies, insurance and other services and facilities, as determined by the City Manager pursuant to Section 4 hereof, shall constitute a loan for the administrative expenses and overhead of the Agency to be repaid in accordance with this Agreement. Section 3. On or prior to July 1 st of each year, each of the department heads shall prepare and submit to the City Manager a detailed accounting of time spent during the immediately preceding fiscal year by department personnel on matters for or related to the Agency, the implementation of the overall program for the redevelopment of blighted areas within the City, and any undertaking in furtherance of an redevelopment plan by the City, the Agency, or any related or subordinate public entity of the foregoing. Each department head shall also prepare and submit to the City Manager a detailed accounting of the use of all office space, equipment supplies, insurance, and other City services and facilities used by department personnel in connection with time spent on the foregoing. Section 4. Based upon the foregoing detailed accounting prepared and submitted by each of the department heads, the City Manager shall calculate the total of such time. The City Manager shall further calculate the total aggregate time spent by all City personnel during such fiscal year, and shall then determine the percentage of time spent on matters related to redevelopment as described above. The City Manager shall further determine the fair rental value of the office space and equipment, and the value of supplies, insurance, and other City services and facilities used during such fiscal year. Based upon the percentage of staff time spent on 2 97-40 matters related re redevelopment, as calculated above, the City Manager shall determine a fair, reasonable and appropriate rental amount to charge to the Agency for the use thereof during such fiscal year. Section 5. The Agency shall pay to the City, upon demand, the time charges, and the fair rental value of office space, equipment, supplies, insurance and other City services and facilities used during such fiscal year, as determined by the City Manager in accordance with Section 2 above. The Agency shall pay such charges, rental value and other value from any funds of the Agency lawfully available therefor; provided, however, that the obligation of the Agency shall be subordinate to any bonds, notes or other obligations of the Agency issued pursuant to law, and to any other obligation of the Agency incurred prior to the date of adoption of this Agreement. Section 6. The City Manager shall review, from time to time, amounts previously paid by the Agency to the City, which amounts were intended to reimburse the City for the time spent by staff of the City, and for the use of office space, equipment, supplies, insurance and other City services and facilities by the Agency. In the event that the City Manager determines following such review that additional moneys are due and owing to the City, the City Manager shall make immediate demand therefor. In the event that the City Manager determines following such review that the City has overcharged the Agency for such use, the City Manager shall apply a credit in the amount of such overcharge to the next demand or demands made to the Agency pursuant to this Agreement. Section 7. In addition to the City making available to the Agency its staff resources, office space, equipment, supplies, insurance and other services and facilities pursuant to Section 2 hereof, the City shall, from time to time and at the request of the Executive Director of the Agency, advance funds to the Agency in such amounts as the City Manager deems necessary for the administrative expenses and overhead of the Agency, including, but not limited to, expenses of redevelopment planning and dissemination of redevelopment information. Such amounts shall constitute a loan for the administrative and overhead of the City. The aggregate 97-40 amount which may be advanced to the Agency pursuant to this Section 7 shall not exceed $48,000 without an amendment of this Agreement. Section 8. Amounts not paid by the Agency to the City within 30 days of demand therefor pursuant to this Agreement shall bear interest at the average daily rate as determined by the Treasurer of the City paid to the City on its funds invested in the Local Agency Investment Fund from the date of such demand to the date of repayment. ATTEST: f do- i�&2 City Clerk ATTEST: Secretary 11 CITY OF DIAMOND BAR By ��J 44V� Mayor Pro Tem DIAMOND BAR REDEVELOPMENT AGENCY 97-40