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CITY OF COLTON <br />AGENDA REPORT <br />FOR THE CITY COUNCIL MEETING OF OCTOBER 3,2006 <br />TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS <br />FROM: AMER JAKHER, P.E., PW DIRECTORICITY ENGINEER <br />SUBJECT: AUTHORIZE EXECUTION AND RECORDATION OF THE <br />NOTICE OF COMPLETION FOR THE ASHLEY WAY <br />LANDSCAPING PROJECT. <br />DATE: SEPTEMBER 21,2006 <br />BACKGROUND <br />On August 13, 1998 the Redevelopment Agency and City Council jointly approved a Participation <br />Agreement with East Valley Land Company (EVLC) for the development of a 75 -acre property in <br />the Cooley Ranch Project Area. That agreement obligated the Agency and City to make certain <br />contributions toward the cost of public improvements related to the development of the site. In <br />return, the Developer was obligated to secure commitments from commercial and industrial users <br />and construct the necessary public and private improvements in a timely manner. <br />On July 17, 2001, Amendment No. I to the Participation Agreement was approved. The <br />Amendment redefined public improvements to include utility relocations and rail spur construction <br />and advanced the date of reimbursement for certain eligible expenses totaling $461,214. <br />The Developer thereafter requested that the Agency and City consider alternative approaches to <br />raise the necessary public improvement capital. The Agency and City indicated an openness to <br />consider alternatives provided the modified terms were at least equal and preferably better than the <br />existing terms. The Developer pursued and the City successfully received an EDA (Economic <br />Development Authority) Grant to help fund the total construction of Ashley Way and <br />reconstruction of Cooley Drive. In order to obtain the $1 million EDA Grant, the City/Agency had <br />to provide a matching contribution of not less than $1 million. Subsequently, the Agency received <br />a $2 million loan from the California Infrastructure and Economic Development Bank, which was <br />secured by tax increment from the Cooley Ranch project area. On December 4, 2001 Amendment <br />No. 2 was approved, reaffirming and revising the Participation Agreement. <br />DISCUSSION <br />Pursuant to the Participation Agreement, the City is obligated to construct certain public <br />improvements. One of the required improvements was the completion of the Ashley Way <br />Landscaping Project. The City Council authorized the award of the design and construction for this <br />project on June 7, 2005, in the amount of $228,000. The scope of work for this project included: <br />