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File Number: 12 -230 <br />the "Public Improvements "), by resolutions adopted on January 17, 2011; <br />WHEREAS, the City of San Leandro ( "City ") and the Redevelopment Agency entered into <br />that certain Cooperative Agreement dated as of January 17, 2011 (the "Original Cooperative <br />Agreement "), pursuant to which the City agreed to undertake the construction and installation <br />of the Public Improvements and certain other public improvements, and the Redevelopment <br />Agency agreed to provide funding for such work; <br />WHEREAS, in accordance with AB 26, the City, acting in its capacity as Successor <br />Agency, prepared a Recognized Obligation Payment Schedule ( "ROPS ") setting forth the <br />schedule of existing Redevelopment Agency obligations, including among others, the Original <br />Cooperative Agreement; <br />WHEREAS, an oversight board for the Successor Agency was established pursuant to AB <br />26 (the "Oversight Board "); <br />WHEREAS, the Oversight Board approved the ROPS on April 6, 2012; <br />WHEREAS, the State Department of Finance reviewed the ROPS, but by letter dated April <br />11, 2012, indicated that it objected to the Original Cooperative Agreement; <br />WHEREAS, Health and Safety Code Section 34178(a) provides that, with specified <br />exceptions, commencing upon February 1, 2012, agreements, contracts and arrangements <br />between a redevelopment agency and the city that formed the redevelopment agency are <br />invalid; provided however, a successor agency that wishes to reenter into agreements with the <br />city that formed the agency may do so upon obtaining approval of the oversight board; <br />WHEREAS, the City has made a significant investment in the Public Improvements, <br />including the purchase of right -of -way and completion of project design for the Eden Road <br />Improvements, and the establishment of procedures for the formation of an assessment <br />district to secure additional funds required for the Eden Road Improvements; <br />WHEREAS, the City's Transit Oriented Development Strategy identified the Town Hall <br />Square location as a key opportunity site for future development, and the City has determined <br />that development of this site would be severely hindered without reconfiguration of Hays <br />Street; <br />WHEREAS, completion of the Public Improvements will be of benefit to all taxing entities <br />that share in the property tax revenue generated by property located within the redevelopment <br />project areas because such improvements will remove impediments to development, <br />eliminate adverse conditions in the project areas, improve vehicular circulation, provide safer <br />routes for pedestrians, and catalyze private development, thus resulting in an increase in <br />assessed valuation and property tax revenue; <br />WHEREAS, the City and the Successor Agency desire to enter into an Amended and <br />Restated Cooperative Agreement (the "Agreement ") to set forth the construction activities <br />and services that the City will undertake or make available in furtherance of the completion of <br />the Public Improvements, and to provide that the Successor Agency will pay for or reimburse <br />City of San Leandro Page 2 Printed on 51112012 <br />