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RDA Agmt 2011 City
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RDA Agmt 2011 City
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Last modified
1/21/2011 12:24:05 PM
Creation date
1/21/2011 12:24:04 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
1/17/2011
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PERM
Document Relationships
RDA Reso 2011-001
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2011
Reso 2011-002
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2011
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agrees to pay City for the cost of such staffing and other services in the amounts and in <br /> accordance with the schedule described in the attached Exhibit A. <br /> 3. Agency to Pay for Public Improvements. The Agency agrees to pay to the City the amounts <br /> set forth in Exhibit A for the cost of construction of the public improvements therein identified <br /> and in accordance with the schedule set forth therein. <br /> 4. Indebtedness. The obligations of the Agency to make payment to City pursuant to this <br /> Agreement shall constitute an indebtedness of the Agency within the meaning of Article XVI, <br /> Section 16 of the California Constitution and CRL Section 33670, and shall be payable from tax <br /> increment paid to the Agency pursuant to Article XVI, Section 16 of the California Constitution <br /> and CRL Section 33670 or from any other source legally available to the Agency for such <br /> payment, and shall constitute an indebtedness of the Agency until paid in full. The Agency shall <br /> include its obligations to the City under this Agreement as an indebtedness on the Agency's <br /> statement of indebtedness filed with the County Auditor pursuant to CRL Section 33675. <br /> 5. Subordination. The obligations of the Agency to make payments to City pursuant to this <br /> Agreement shall be subordinate to any obligation of the Agency to pay debt service on bonds <br /> heretofore or hereafter issued by the Agency and to pay any other contractual indebtedness of the <br /> Agency incurred prior to the date of this Agreement. <br /> 6. Project Approvals; Environmental Review. This Agreement is not intended to limit in any <br /> manner the discretion of City or the Agency, as applicable, in connection with the issuance of <br /> approvals and entitlements for the projects described in this Agreement, including without <br /> limitation, the undertaking and completion of any required environmental review pursuant to <br /> CEQA and NEPA, as applicable, and the review and approval of plans and specifications. <br /> 7. Severability. If any term, provision, covenant, or condition set forth in this Agreement is <br /> held by the final judgment of a court of competent jurisdiction to be invalid, void, or <br /> unenforceable, the remaining provisions, covenants, and conditions shall continue in full force <br /> and effect to the extent that the basic intent of the Parties as expressed herein can be <br /> accomplished. In addition, the Parties shall cooperate in good faith in an effort to amend or <br /> modify this Agreement in a manner such that the purpose of any invalidated or voided provision, <br /> covenant, or condition can be accomplished to the maximum extent legally permissible. <br /> 8. No Third -Party Beneficiaries; Assignments. Nothing in this Agreement is intended to <br /> create any third -party beneficiaries to this Agreement, and no person or entity other than the <br /> Agency and the City, and the permitted successors and assigns of either of them, shall be <br /> authorized to enforce the provisions of this Agreement. <br /> 9. Further Assurances. Each Party agrees to execute, acknowledge and deliver all additional <br /> documents and instruments, and to take such other actions as may be reasonably necessary to <br /> carry out the intent of the transactions contemplated by this Agreement. <br /> 1576130.1 3 <br />
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