RES-ORA-0460 Cooperation & Reimbursement Agreements for Street Improvements within Amended Redevelopment Project AreaRESOLUTION NO. ORA-
0460 RESOLUTION OF THE
ORANGE REDEVELOPMENT AGENCY APPROVING
AND AUTHORIZING THE EXECUTION OF
A COOPERATION AND
REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY
OF ORANGE AND THE ORANGE
REDEVELOPMENT AGENCY FOR CERTAIN
STREET IMPROVEMENTS WITHIN THE
ORANGE MERGED AND AMENDED
REDEVELOPMENT PROJECT
AREA WHEREAS, the Orange Redevelopment Agency, a public body, corporate and
politic the Agency), has been duly created, established and authorized to transact business and
exercise its powers under and pursuant to the Community Redevelopment Law (commencing
with Section 33000 of the Health and Safety Code of lhe State of California and herein referred to
as the Redevelopment Law);
and WHEREAS, the City of Orange (the City) is a municipal corporation, which
exercises governmental functions and powers and is organized and existing under the laws of the State
of California;
and WHEREAS, the Amended and Restated Redevelopment Plan (the
Redevelopment Plan) for the Orange Merged and Amended Redevelopment Project Area (
the Redevelopment Project Area) was duly approved by the City Council on November 13,
2001 by Ordinance No. 210 I, pursuant to the Redevelopment Law;
and WHEREAS, pursuant to the Redevelopment Law, the Agency is engaged
in activities necessary to carry out and implement the Redevelopment Plan for
the Redevelopment Project Area;
and WHEREAS, the City desires to construct, or cause to be constructed, two
street improvement projects. The first project is proposed within the Taft Avenue
right-of-way from Glassell Street to Shaffer Street and within the Glassell Street
right-of-way from its intersection with Taft Avenue to a point approximately 330 feet
south. The second project is proposed at the northeast corner of the intersection of
Taft Avenue and Tustin Street.Included within the work to be performed will be the
installation of sidewalk access ramps that will be compliant with the Americans with Disabilities
Act. Both projects are described on Exhibit A to the "Agreement" (as defined herein below)
and are collectively referred to herein
WHEREAS, Section 33445 of the Redevelopment Law authorizes the Agency, with the
consent of the City Council, to pay all or a part of the cost of the installation and construction of
the Public Improvements if the City Council determines that (a) the Public Improvements are of
benefit to the Redevelopment Project Area; (b) no other reasonable means of financing the
Public Improvements are available to the City; (c) the payment of funds for the Public
Improvements will assist in the elimination of one or more blighting conditions inside the
Redevelopment Project Area; and (d) the Public Improvements are consistent with the Agency's
adopted Implementation Plan; and
WHEREAS, the City Council has heretofore found and determined that (a) the Public
Improvements are of benefit to the Redevelopment Project Area; (b) there are no other
reasonable means available to the City for funding the Agency's portion of the costs of the
construction of the Public Improvements other than the funds provided by the Agency; (c) the
payment of funds for the Public Improvements will assist in the elimination of one or more
blighting conditions inside the Redevelopment Project Area; and (d) the Public Improvements
are consistent with the Agency's adopted Implementation Plan; and
WHEREAS, on the basis of the facts set forth in the agenda report presented to it and
any testimony received at the meeting at which this matter was considered, the Board of
Directors of the Agency finds and determines that (a) the Public Improvements are of benefit to
the Redevelopment Project Area; (b) there are no other reasonable means available to the City
for funding the Agency's portion of the costs of the construction of the Public Improvements
other than the funds provided by the Agency; (c) the payment of funds for the Public
Improvements will assist in the elimination of one or more blighting conditions inside the
Redevelopment Project Area; and (d) the Public Improvements are consistent with the Agency's
adopted Implementation Plan; and
WHEREAS, in furtherance of the Redevelopment Plan for the Redevelopment Project
Area, the Agency and the City desire to enter into a Cooperation Agreement in the form
presented at the meeting at which this Resolution is adopted (the "Agreement") pursuant to
which the City will cause the Public Improvements to be installed and constructed and thereafter
maintained, and the Agency will payor reimburse the City for the Agency's portion of the costs
of such Public Improvements in the amount not to exceed One Hundred Forty Thousand and
No/lOO Dollars ($140,000.00), as more particularly set forth in the Agreement; and
WHEREAS, the Board of Directors has duly considered all of the terms and conditions
of the proposed Agreement and believes that the Agreement is in the best interests of the Agency
and the City and the health, safety, morals and welfare of its residents, and in accord with the
public purposes and provisions of applicable State and local law and requirements; and
NOW, THEREFORE, the Board of Directors of the Orange Redevelopment Agency
resolves, finds and determines, on the basis ofthe facts set forth in the agenda report presented to
it and any testimony received at the meeting at which this matter was considered, as follows:
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Section I:
The foregoing recitals are true and correct.
Section II:
The Public Improvements are of benefit to the Redevelopment Project Area, there are no
other reasonable means available to the City for funding the Agency's portion of the costs of the
construction of the Public Improvements other than the funds provided by the Agency, the
payment of funds for the Public Improvements will assist in the elimination of one or more
blighting conditions inside the Redevelopment Project Area, and the Public Improvements are
consistent with the Agency's adopted Implementation Plan.
Section III:
The Agreement between the Agency and the City, a copy of which is on file with the
Agency Clerk, is hereby approved, and the Agency Chairman is authorized and directed to
execute, and the Agency Clerk to attest, said Agreement on behalf ofthe Agency.
Section IV:
The officers and employees of the Agency are authorized and directed, jointly and
severally, to do any and all things necessary or advisable in order to effectuate the purposes of
this resolulion and to administer the Agency's obligations, responsibilities and duties to be
performed hereunder, and all actions previously taken by such officers and employees in
connection with the Agreement are ratified and approved.
ADOPTED this 23rd day of January, 2007.
Carolyn . avec9he
Chair t e Oral1ge, Redevelopment Agency
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ATTEST:
I, MARY E. MURPHY, Clerk of the Orange Redevelopment Agency, Orange,
California, do hereby certify that the foregoing Resolution was duly and regularly adopted by
the Orange Redevelopment Agency at a regular meeting thereof held on the 23rd day of
January, 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DIRECTORS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
DIRECTORS: None
DIRECTORS: None
DIRECTORS: None
tf{~,~cL~
Mary E. 1Vfurp y
Clerk of the Orange Redevelopme Agency
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COOPERATION AND REIMBURSEMENT
AGREEMENT FOR THE PROVISION OF PUBLIC
IMPROVEMENTS OF BENEFIT TO THE ORANGE
MERGED AND AMENDED REDEVELOPMENT
PROJECT AREA
Glassell/Taft and Taft/Tustin Street Improvements)
THIS COOPERATION AND REIMBURSEMENT AGREEMENT, dated for
identification purposes only as of , 2007, is entered into by and between the CITY
OF ORANGE, a municipal corporation (the City), and the ORANGE REDEVELOPMENT
AGENCY, a public body, corporate and politic (the Agency), with reference to the following:
A. The Agency is undertaking certain activities necessary for redevelopment of the
Orange Merged and Amended Redevelopment Project Area (the Project Area) in accordance
with provisions of the California Community Redevelopment Law (Health and Safety Code
Section 33000 et seq.) and pursuant to the Redevelopment Plan for the Project Area.
B. The City desires to construct or cause to be constructed two street improvement
projects. The first project is proposed within the Taft Avenue right-of-way from
Glassell Street to Shaffer Street and within the Glassell Street right-of-way from
its intersection with Taft A venue to a point approximately 330 feet south. The second project is
proposed at the northeast corner of the intersection of Taft Avenue and Tustin Street. Included within
the work to be performed will be the installation of sidewalk access ramps that will
be compliant with the Americans with Disabilities Act. Both projects are described on Exhibit
A attached hereto and are collectively referred to herein
as the "Public Improvements".C. The Agency is willing in connection with the
construction of the Public Improvements by the City to reimburse the City for that portion of the cost
of the construction of the Public Improvements undertaken for the specific benefit of the Project
Area and which are located within the boundaries
of the Project Area.D. The Agency and the City have determined that the
Public Improvements are of benefit
to the Project Area.E. The Agency and the City have determined that
the Public Improvements will assist in the elimination of one or more blighting conditions inside the
Project Area and are consistent with the Agency's adopted Implementation Plan
for the Project Area.F. The Agency and City have determined that no
other reasonable source of financing said portion of the Public Improvements is
available to the City.G. The Agency and the City have determined that
the Agency's financial participation in the construction of the Public Improvements will benefit the
City and that the City has or will have the ability to
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. SCOPE OF WORK
The City shall cause the Public Improvements to be constructed in a satisfactory and
proper manner pursuant to plans and specifications prepared by the City. The Agency agrees to
reimburse the City for a portion of its costs as set forth in Section 3 hereof.
2. TIME OF PERFORMANCE
The work required pursuant to Section I hereof shall commence and be completed in
accordance with a schedule to be determined by the City's Director of Public Works/City
Engineer.
3. COMPENSATION AND METHOD OF PAYMENT
a. Maximum Compensation
The Agency shall reimburse the City in an amount not to exceed ONE
HUNDRED FORTY THOUSAND AND NO/lOO DOLLARS ($140,000.00) for
its share of the construction costs associated with undertaking the Public
Improvements.
b. Method of Payment
The amount to be reimbursed by the Agency hereunder shall become due in full
ten (10) days after receipt of a written reimbursement request from the City. The
City shall submit reimbursement requests to the Agency on a quarterly basis
within thirty (30) days of the end of each calendar quarter requesting that the City
be reimbursed for that portion of the Public Improvements completed and paid for
by the City during the preceding calendar quarter.
The payment obligation of the Agency hereunder shall be made at the option of
the Agency, from the tax increment revenues of the Project Area, bond proceeds,
and any other funds of the Agency legally available therefor. The payment
obligation of the Agency hereunder does not constitute a pledge of any particular
funds and is and shall be subordinate to any pledge or other commitment of the
Agency made in connection with any Agency bonds, now or hereafter issued.
The Agency recognizes and agrees that its commitment under this Agreement
constitutes an obligation to pay the City and, as such, creates debt for which tax
increment revenues may be allocated to the Agency. Said indebtedness shall be
considered as an indebtedness of the Agency as the same is intended for purposes
of the filing of a statement of indebtedness with the County of Orange pursuant to
Section 33675 of the California Community Redevelopment Law.
4. LIABILITY AND INDEMNIFICATION
In contemplation of the provisions of Section 895.2 of the Government Code of the State
of California imposing certain tort liability jointly upon public entities solely by reason of such
entities being parties to an agreement as defined by Section 895 of said Code, the parties hereto,
as between themselves, pursuant to the authorization contained in Sections 895.4 and 895.6 of
said Code, will each assume the full liability imposed on it, or any of its officers, agents or
employees by law for injury caused by negligent or wrongful act or omission occurring in the
performance of this Agreement to the same extent that such liability would be imposed in the
absence of Section 895.2 of said Code. To achieve the above-stated purposes, each
party indemnifies and holds harmless the other party for any loss, costs or expense that may
be imposed upon such other party solely by virtue of said Section 895.2. The provisions of
Section 2778 of the California Civil Code are made part hereof as if fully set forth
herein.5. EFFECTIVE DATE OF
AGREEMENT This Agreement shall take effect from and after the date of adoption and approval by
both the City and the Agency pursuant to official action of the governing bodies thereof, and shall
be effective for a duration not to exceed the time necessary to fully pay the City the
principal amount due hereunder from time to time. Upon such final payment, or five (5) years from
the date of this Agreement, whichever is earlier, this Agreement (other than the provisions of
Article 4. LIABILITY AND INDEMNIFICATION") shall
terminate.remainder of page intentionally left blank; signatures on next
IN WITNESS HEREOF, the parties have executed this Agreement as of the date first
set forth herein.
CITY OF ORANGE, a mu icipal corporation
Mt:i.~t;~ty ~ er
ORANGE REDEVELOPMENT
AGENCY, a public body, corporate and
politic
L~
Mary E. , City Cle
EXHIBIT A
DESCRIPTION OF PUBLIC IMPROVEMENTS
A) TAFT A VENUE AND GLASSELL STREET IMPROVEMENTS:
The City will be contracting for the construction of street improvements within the Taft A venue
right-of-way from Glassell Street to Shaffer Street and within the Glassell
Street right-of-way from its intersection with Taft Avenue to a point approximately
330 south. The improvements will consist of traffic control, sawcutting, removal and disposal
of existing storm drain improvements, trenching, shoring, sheeting, bracing, the installation of 48",
36", and 30"-diameter reinforced concrete pipe storm drain main line, 24" and
18"-diameter reinforced concrete pipe storm drain laterals, backfill and compaction, junction
structures, manholes, catch basins and local depressions, and trench resurfacing, the construction of
asphalt concrete deep lift section, concrete sidewalk, curb and gutter, driveway, sidewalk access ramps
that will be compliant with the Americans with Disabilities Act ("ADA"), water
valves and manholes adjustments to grade, replacement of traffic striping, traffic loops
and pavement markings.These improvements are more particularly described on the plans
and specifications entitled Taft Avenue and Glassell Street Storm Drain Improvements, Project D-
146", prepared by the City of Orange Public Works Department, dated as of July 6, 2006 and
consisting of sheets I through 7, which plans and specifications are on
file with said Department.A portion of the work will be located within the boundaries of the
Orange Merged and Amended Redevelopment Project Area. It is that work which the
Orange Redevelopment Agency will fund or for which the City will be
reimbursed by the Agency.B) TAFT AVENUE
AND TUSTIN STREET IMPROVEMENTS:The City will be contracting for the construction of street improvements to
be done on the northeast intersection of Taft Avenue and Tustin Street. The improvements
will consist of traffic control, sawcutting, removal and modification of interfering portions of
an existing storm drain,the trenching and installation of a 12" -diameter reinforced concrete pipe
storm drain lateral, its connection to an existing inlet, backfill and compaction,
trench resurfacing, construction of ADA-compliant sidewalk access ramps, removal
and replacement of interfering concrete
sidewalk, and curb and gutter.These improvements are more particularly described on
the plan entitled "Storm Drain Improvement Plan for Tustin Avenue/Taft Avenue Northeast
Corner D-155" prepared by the City of Orange Public Works Department, dated December 11,
2006 and consisting of one shect,which plan
is on file with said Department.All of the work will be located within the boundaries
of the Orange Merged and Amended Redevelopment Project Area. The Orange Redevelopment Agency
will fund the entire cost of that work or,