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RDA RES 1990-019 RESOLUTION NO. RDA 90-19 A RESOLUTION OF THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF LOS ANGELES IN CONNECTION WITH COUNTY IMPROVEMENT NO. 2651-M (ABALONE COVE) RECITALS: A. In accordance with the Horan Reimbursement and Settlement Agreement dated October 13, 1987, by and among the City, the Agency and the County of Los Angeles, the Board of Supervisors of the County of Los Angeles proposes to undertake proceedings for the formation of an assessment district, County Improvement No. 2651-M (Abalone Cove) , pursuant to the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code, commencing with Section 10000) for the acquisition of rights-of-way and the acquisition, installation and construction of landslide abatement improvements in the Abalone Cove area. B. In connection with the formation of the assessment district described in paragraph A, above, the Reimbursement and Settlement Agreement provides that the County of Los Angeles and the Agency shall enter into a contract for the above-described stabilization work substantially in the form set forth in Exhibit C to such Reimbursement and Settlement Agreement. NOW, THEREFORE, THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1 . The Agreement for Implementation of Stabilization Report between the Agency and the County of Los Angeles, which has been presented to the Agency at this meeting and which is now on file in the office of the Executive Director of the Agency, is hereby approved substantially in the form and content presented to the Agency and the Chairman is hereby authorized and directed for and on behalf of the Agency to execute and deliver such Agreement for and on behalf of the Agency. The Executive Director is hereby authorized and directed to make such modifications to the foregoing as may be appropriate in the circumstances and are approved by the Agency Counsel . Section 2. The Secretary of the Agency is hereby authorized and directed to certify to the adoption of this -1- Resolution and to deliver two certified copies hereof to the Los Angeles County Director of Public Works. PASSED, APPROVED AND ADOPTED this 4th day of September, 1990 . AYES: McTAGGART, BACHARACH AND CHAIRMAN HUGHES NOES: NONE ABSENT: NONE ABSTAIN: HINCHLIFFE AND RYAN lf / ,AIM f._,„ ,, ,,, , . . , ,,-/ .1,d CHAIfA ATTEST: Of 40 •GENCY SECRETARY 'TATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I , JO PURCELL, Agency Secretary of the Rancho Palos Verdes Redevelopment Agency hereby certify that the above Resolution No. RDA 90-19 was duly and regularly passed and adopted by the said Redevelopment Agency at a regular meeting thereof held on September 4, 1990. 114 , 1 i i , A ., A..L. ......._ IfAGENCY SECRETARY I/ RDA RESOL. 90-19 -2- RANCHO PALOS VERDES REDEVELOPMENT AGENCY AGREEMENT FOR IMPLEMENTATION OF STABILIZATION REPORT THIS AGREEMENT is made and entered into this 4th day of September , 1990 , by and between the RANCHO PALOS VERDES REDEVELOPMENT AGENCY ( "Agency" ) and the COUNTY OF LOS ANGELES ( "County" ) . W I T N E S S E T H WHEREAS, the Agency has approved and adopted the Redevelopment Plan for Project Area No. 1 of the Agency; and WHEREAS, County filed a lawsuit challenging the Redevelopment Plan; and WHEREAS, the Agency and County settled the lawsuit and thereby agreed on the terms and conditions by which the County and Agency would undertake a County Improvement District within Project Area No. 1 for the purpose of stabilizing and abating the landslide activity in the area of Abalone Cove within Project Area No. 1; and WHEREAS , a Panel of Experts consisting of geotechnical professionals has produced a Report entitled "Feasibility of Stabilizing Abalone Cove Landslide, Report of the Technical Panel" which contains recommendations for a plan to halt , stabilize or abate the impending peril to persons and property as a result of gradual earth movement; and WHEREAS, Agency and County would not have entered into the settlement if Agency and County were not informed by geotechnical professionals that the implementation of this particular stabilization program is the appropriate remedial action to halt, stabilize or abate an impending' peril to persons and property as a result of gradual earth movement; and WHEREAS, County has prepared the necessary documents for establishment of a County Improvement District within the Abalone Cove area pursuant to the Municipal Improvement Act of 1913 and the City Council of the City of Rancho Palos Verdes has reviewed the documents and adopted an unqualified resolution of consent to the project as authorized by Streets and Highways Code Section 5118 ; and WHEREAS, subsequent to receipt of the City' s consent, the. Board of Supervisors of the County has scheduled a duly noticed hearing to consider formation of the County Improvement District. 30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES, CA 90274-5391 / (213) 377-0360 NOW, THEREFORE , Agency and County agree as follows : Section 1 . The terms used herein shall have the meanings set forth in that Reimbursement and Settlement Agreement ( hereinafter "Reimbursement Agreement" ) dated October 13 , 1987 , by and among the City of Rancho Palos Verdes , the Rancho Palos Verdes Redevelopment Agency and the County of Los Angeles and all proceedings undertaken in connection with the County Improvement District shall be in accordance with the Reimbursement Agreement. Section 2 . Agency agrees to acquire right-of-way for, plan, design and construct the County Improvement District improvements as set forth in the December 28 , 1984 Feasibility of Stabilizing Abalone Cove Landslide, Report of the Technical Panel (or modifications to such report as my have been made or may be made by the Panel of Experts pursuant to the terms of the Reimbursement Agreement ) . Agency shall retain the Panel of Experts , and such other contractors as may be required to complete, operate and maintain said improvements. Administrative expenses shall be limited to the reasonable and necessary out-of- pocket administrative and overhead costs. Section 3 . County shall convey the County Improvement District improvements and all easements and rights-of-way acquired in connection therewith or necessary thereto to the Agency or any successor entity thereto upon completion of such improvements . Section 4 . County shall assure the sale of assessment bonds and shall provide the proceeds of sale to Agency within one hundred eighty ( 180 ) business days of the date of sale. County and City may agree . to a reasonable extension of time based on market conditions . Agency shall be responsible for the proper deposit of the funds and their disbursement for the completion of the County Improvement District improvements using generally accepted accounting principles . Section 5 . The total obligation to perform landslide abatement work, or to have such work performed, and to operate and maintain the improvements shall be the Agency ' s . County shall have no obligation arising under this Agreement other than the formation of the County Improvement District, the sale of assessment bonds and delivery of the funds to the Agency. Section 6 . Agency expressly acknowledges that County , its officers and employees shall have no liability arising from the performance of , or failure to perform, abatement work by Agency . The parties therefore in contemplation of liability pursuant to Government Code Section 895 . 2 have considered this issue and bargained for the Agency to bear all such liability pursuant to Government Code Section 895 . 4 as a material element of this Agreement. RESOL. NO. RDA 90-19 -2- • Section 7 . This Agreement is made by and between Agency and County and is not intended and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture or association as between Agency and County. Section 8 . No employee or contractor of Agency shall be deemed an employee or contractor of County for purposes of salary, workers ' compensation, or retirement benefits . Agency agrees to defend and indemnify County from all claims so filed by Agency' s employees and contractors . Section 9 . The Assumption of Liability Agreement executed by the parties to this Agreement and approved by the Board of Supervisors on December 27 , 1977 , is hereby expressly superseded and not applicable to this Agreement. Section 10 . Any notices of correspondence related to this Agreement shall be in writing and sent to the following addresses : COUNTY: CHIEF ADMINISTRATIVE OFFICER 713 Hall of Administration 500 West Temple Street Los Angeles , California 90012 AGENCY: EXECUTIVE DIRECTOR RANCHO PALOS VERDES REDEVELOPMENT AGENCY 30940 Hawthorne Boulevard Rancho Palos Verdes , California 90274 Section 11 . Agency shall require all consultants designing the improvements and contractors constructing the improvements to obtain comprehensive general liability insurance, to the extent reasonably available in the sole opinion of the Agency. The comprehensive general liability insurance shall comply with the standards set forth in the "Standard Specifications for Public Works Contracts" ; the professional liability insurance shall be in the amount of $500 , 000 per consultant. Each such policy shall name Agency and County as an additional insured and shall require that Agency and County be notified at least thirty ( 30 ) days prior to the termination or other expiration of the coverage( s ) . IN WITNESS WHEREOF, the Rancho Palos Verdes Redevelopment Agency has caused this Agreement to be executed and the County of Los Angeles, acting through its Board of Supervisors , has caused this Agreement to be executed on their RESOL. RDA NO. 90-19 • -3- behalf by their duly authorized representatives on the date first above written. RANCHO PALOS VERDES REDEVELOPMENT AGENCY By Its APPROVED AS TO FORM: Agency Counsel By ATTEST : COUNTY OF LOS ANGELES By ATTEST: LARRY J. MONTEILH Executive Officer Board of Supervisors By Deputy APPROVED AS TO' FORM: DeWitt W. Clinton County Counsel By Deputy RESOL. NO. RDA 90-19 -4-