RES-ORA-0301 Cooperation Agreement Relating to Public Improvements at the Depot ParkRESOLUTION NO. ORA -0301
RESOLUTION OF THE ORANGE REDEVELOPMENT
AGENCY AUTHORIZING THE EXECUTION OF A
COOPERATION AGREEMENT WITH THE CITY OF
ORANGE RELATING TO PUBLIC IMPROVEMENTS -LANDSCAPE
AND HARDSCAPE IMPROVEMENTS AT THE DEPOT
PARK IN AN AMOUNT NOT TO EXCEED 100,
000.00.VHEREAS,
by Ordinance No. 37-84 adopted on November 20, 1984, amended by
Ordinance No. 20-86 adopted on July 15, 1986, and amended by Ordinance No.
24-88 adopted on July 12, 1988, the City Council of the City of Orange adopted and
approved a certain Redevelopment Plan (the "Redevelopment Plan") for the Southwest Project
Area, (the
Project"); and VHEREAS, pursuant to the Community Redevelopment Law .of the State
of California Health and Safety Code Section 33000, et seq.), the Orange Redevelopment
Agency (the Agency") is carrying out the Redevelopment Plan for the Project in the !'edevelopml~
nt area the "Project
Area"); and WHEREAS, in furtherance of the Project, the Agency and the City desire to
enter into a Cooperation Agreement in the form attached hereto (the" Agreement") pursuant to
which the City will construct landscape and hardscape improvements at the Depot
Park (the Improvements") as described in Exhibit A attached to said Agreement, and the
Agency will pay the City for certain costs of such Improvements as more particularly set forth
in the Agreement and in accordance with that certain Cooperation Agreement dated August
18, 1983,between the City and the Agency, by periodic payments over a period of
years; and WHEREAS, the Improvements are of benefit to the Project Area in that
they will enhance the area and contribute to the elimination of blight throughout the Project Area,
and in the immediate neighborhoods in which the Project Area is
located; and WHEREAS, no other reasonable means of financing such Improvements
are available to the community in that the cost of the Improvements 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;NOW, THEREFORE, THE ORANGE REDEVELOPMENT
AGENCY DOES HEREBY RESOLVE
AS FOLLOWS:1. The Agency hereby determines that the Improvements are of benefit
to the Project Area and the immediate neighborhoods in whkh the Project Area is located and
that no other reasonable means of financing such Improvements are available to the
as provided in the Agreement, and hereby consents to the undertaking of the Improvements in
accordance with the Agreement. The determination that the Improvements will benefit the
Project Area is based upon the fact that the Improvements will assist in providing substantial
circulation, safety and appearance improvements which will enhance growth in the entire
Project Area.
2.
Agency.
The Chairman is hereby authorized to execute the Agreement on behalf of the
ADOPTED this 9th day of Januarv
ent Agency
ATTEST:
Clerk, Orange R
I hereby certify that the foregoing Resolution was duly and regularly adopted by the
Orange Redevelopment Agency at a regular meeting thereof held on the 9th day of
January , 1996 by the following vote:
A YES: DIRECTORS: MURPHY, BARRERA, CHAIRMAN CCONTZ, SPURGEON, SLATER
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: NONE
ABSTAIN: DIRECTORS: NONE
0lJA /' /ld,./,/ 1'_
Clerk, Orange \ edevelopment Agency
IcIb:
reso-DPTPKa
COOPERATION AGREEMENT
I
I
THIS AGREEMENT is entered into as of the 9th day of January, 1996, between the
CITY OF ORANGE (the "City") and the ORANGE REDEVELOPMENT AGENCY (the
Agency").
A. WHEREAS, the City Council of the City of Orange, acting pursuant to the
provisions of the California Community Redevelopment Law (Health & Safety Code Section
33000, !~ gg.), has activated the Agency and declared itself to constitute the Agency; and
B. WHEREAS, the Community Redevelopment law authorizes redevelopment
agencies to enter into contracts for the reimbursement of the costs of certain public
improve:ments enumerated in redevelopment plans upon making finds that no other reasonable
means of financing such street improvements are available to the community; and
C. WHEREAS, the Redevelopment Plan (the "Redevelopment Plan") for the
Southw(~st Project Area (the "Project"), including materials referenced therein, enumerates
certain public improvements which may be provided or contributed to by the Agency,
including, without limitation, the provision of street improvements; and
D. WHEREAS, the Agency and the City have been acting according to that Certain
Coopef2Ltion Agreement dated August 18, 1983 (the "Cooperation Agreement"); and
E. WHEREAS, this Agreement is intended to affirm the Cooperation Agreement
and to clarify responsibilities as to the Improvements as: defined herein; and
F. WHEREAS, the Agency has determined that the provision of the Improvements
will be <Df benefit to the Project Area and the immediate neighborhoods in which the Project
Area is located; and
G. WHEREAS, the undertaking of the Improvements is a costly undertaking
requiring the financial support of the Agency; and
H.
available;
WHEREAS, no other reasonable means of financing such Improvements is
NOW,
THEREFORE, the City and the Agency agree as follows:
Section 1. The City agrees to provide for the Agency the Improvements, and each of
them, either as separate projects or otherwise. Agency shall be liable to city for any amounts
expended by City hereunder, but City shall have no obligation to proceed with such
Improvements prior to completion of all requisite public hearings, environmental reviews and
compliance with all laws relative to authorization of any of the Improvements. Such assistance __,
and services may include the services of officers and employees and special consultants.
Section 2. The City will keep records of activities and services undertaken pursuant to
this agre:ement and the costs thereof in order that an accurate record of the Agency's liability
to the City can be ascertained. The City shall periodically, but not less than annually, submit
to the Agency a statement of the costs incurred by the City in rendering activities and services
of the City to the Agency pursuant to this Agreement. Such statement of costs may include a
proration of the City's administrative and salary expense attributable to services of City
officials, employees and departments rendered for the Agency pursuant to this Agreement.
Section 3. The Agency agrees to reimburs€:: the City for all costs incurred for services
by the City pursuant to this Agreement from and to the extent that funds are available from the
Project to the Agency for such purpose pursuant to Section 33670 of the Health & Safety Code
or from other sources that may lawfully be used for SUi;;h repayment; provided, however, that
the Agency shall have the sole and exclusive right to pledge any such sources of funds to the
repayment of other indebtedness incurred by the Agency in carrying out the redevelopment
project. The costs of the City under this Agreement will be shown on statements submitted to
the Agency pursuant to Section 2
above.. Although the parties recognize that payment may not
occur for a few years and that repayment may also occur over a period of time, it is the
express intent of the parties that the City shall be entitled to repayment of the expenses
incurred by the City under this Agreement, consistent with the Agency's financial ability, in
order to malce the City whole as soon as practically possible.
S!~ction 4. The City agrees to include the Agency within the terms of the City's
insuranc(: policy if and to the extent such coverage is available. The Agency shall pay the City
its pro rata share of the costs of insurance applicable to its activities resulting from the
Agency's inclusion in the City's policy.
S!~ction 5. The obligations of the Agency under this Agreement shall constitute an
indebtedness of the Agency within the meaning of Section 33670, k1 ~. of the Community
Redevelopment Law, to be repaid to the City by the Agency with interest at the lesser of (i)
twelve pc::rcent (12%) per annum or (ii) the maximum rate allowed by law.ction
6. This Agreement shall not modify, amend or otherwise affect any other outstanding
agreement between the Agency and the City..
r
IN
WITNESS WHEREOF, the parties have executed this Agreement as of the date first above
written.ATTEST:
CITY OF ORANGE By:
City
Clerk ATTEST:
Mayor
CITY"
ORANGE
REDEVELOPMENT AGENCY By:
Agency
Clerk lclb:
reso-DP1rPKa
Chairman
AGENCY"
EXHIBIT "A"
Improvements
Landscape and hardscape improvements to be made a't the Depot Park in an amount not to -,exceed $
100,000.00.I
r"\
Iclb:
reso-
DPTPKa