RES-9443 First Amendment to Cooperation Agreement Public Improvements at 345 E Chapman AveRESOLUTION NO. 9443
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT TO
COOPERATION AGREEMENT WITH THE
ORANGE REDEVELOPMENT AGENCY
RELATING TO PUBLIC IMPROVEMENTS
PUBLIC PARKING AND LANDSCAPING) AT 345
EAST CHAPMAN AVENUE.
WHEREAS, by Ordinance No. 37-84 adopted on November 20, 1984, the
City Council of the City of Orange adopted and approved a certain Redevelopment Plan (
the Redevelopment Plan") for the Southwest Redevelopment Project Area, which
was thereafter amended by (i) Ordinance No. 20-86 adopted on July 15, 1986, (
ii) Ordinance No. 24-88 adopted on July 12, 1988, and (iii) Ordinance No. 17-96
adopted on July 9,1996 (
the "Redevelopment Project"); and WHEREAS, pursuant to the Community Redevelopment Law
of the State of California (Health and Safety Code Sections 33000 et
seq.), the Orange Redevelopment Agency (the "Agency") is carrying out the Redevelopment
Plan for the Redevelopment Project in the redevelopment area (
the "Project Area"); and WHEREAS, in furtherance of the Redevelopment Project,
the Agency and the City entered into a Cooperation Agreement dated as of November
17, 1999 pursuant to which the City agreed to cause to be designed, installed,
and constructed certain public parking and landscaping improvements on real property owned by the
City at 345 East Chapman Avenue (the "Improvements"), and the Agency agreed to
pay the City for certain costs
of such Improvements; and WHEREAS, the City Council and the Board of Directors
of the Agency adopted Resolutions No. 9193 and ORA-0359, respectively, at
their regular meeting held on November 9, 1999, approving the Cooperation
Agreement and making certain findings under Section 33445 of the California Health and Safety Code
in support thereof; to wit,that (1) the Improvements would be of benefit to the Project Area
in that they will enhance the area and contribute to the elimination of blight throughout
the Project Area; (2) no other reasonable means of financing such Improvements
was available to the cornmunity in that the cost of the Improvements exceeded the financial ability of
the City to pay, no private sources of funding were available, and all state
and federal grant alternatives had been exhausted; and (3) the payment of funds for the
cost of the Improvements would assist in the elimination of one or more blighting conditions
inside the Project Area, and were consistent with the Implementation Plan adopted by the
Agency
WHEREAS, the City recently ascertained that the cost of the Improvements
would exceed the estimate available to it when the Cooperation Agreement was approved
and no other reasonable means of financing the increased cost of such Improvements are
available to the community in that the increased cost exceeds the financial ability of the
City to pay, no private sources of funding are available, and all state and federal grant
alternatives have been exhausted; and
WHEREAS, the Agency and the City desire to enter into a First Amendment to
Cooperation Agreement in the form presented at this meeting, pursuant to which the City
will complete the construction of the Improvements, and the Agency will pay the City an
additional sum of money for the increased costs of such Improvements; and
WHEREAS, the City Council has duly considered all of the terms and conditions of
the proposed First Amendment to Cooperation Agreement and believes that it is in the best
interests of 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange as follows:
Section 1. The City Council hereby determines that no other reasonable means of
financing the additional costs of the Improvements are available to the community except
as provided in the First Amendment to Cooperation Agreement.
Section 2. The provisions of Resolution No. 9193, except to the extent
inconsistent with the provisions ofthis Resolution, are hereby ratified and confirmed.
Section 3. The Mayor is hereby authorized to execute, and the City Clerk to attest,
the First Amendment to Cooperation Agreement on behalf of the City.
Section 4. The Mayor is hereby further authorized and directed to execute on
behalf of the City any and all documents necessary and appropriate to carry out and
implement the First Amendment to Cooperation Agreement and to administer the City's
obligations, responsibilities and duties to be performed thereunder.
ADOPTED this 8th day of May, 2001.
2
ATTEST:
fl:l-A:-t.u:
t'Cassandra J. Cath , City Clerk ofthe City of
Orange I hereby certify that the foregoing Resolution was duly and regularly adopted
by the City Council of the City of Orange at a regular meeting thereof held on the 8th day
of May, 2001 by the following
vote:AYES: COUNCIL MEMBERS: SLATER, ALVAREZ, MAYOR MURPHY,
COONTZ NOES: COUNCIL MEMBERS:
NONE ABSENT: COUNCIL MEMBERS:
NONE ABSTAIN: COUNCIL MEMBERS:
NONE