RES-8318 Approving an Owner Participation AgreementRESOLUTION NO. 8318
RESOLlITlON OF THE CITY OF ORANGE APPROVING
AND AUTHORIZING EXEClITlON OF AN OWNER
PARTICIPATION AGREEMENT BY AND AMONG THE
ORANGE REDEVELOPMENT AGENCY, THE CITY OF
ORANGE AND THE GARNER-RICHMOND TRUST
AND MAKING CERTAIN FINDINGS
THEREWITH WHEREAS, the Orange Redevelopment Agency (the 'Agency') is a duly
constituted redevelopmen' agency and is undertaking certain activities necessary for redevelopment under
the provisions of the California Community Redevelopment Law (Health and Safety Code
Sections 33000 et seq.) and pursuant to the Redevelopment Plan (the "Plan") for the
Southwest Redevelopment Project (the "Project"):
and WHEREAS, the Agency has the general purpose of redevelopment and the elimination
of blight and the provision of public facilities as set forth in the Plan;
and WHEREAS, pursuant to Health and Safety Code Section 33445, the Agency
is authorized. as provided in its redevelopment plan, to assist in the installation and construction
of public improvements within the Project Area of the Project (the "Project Area");
and WHEREAS, the Agency, the City of Orange (the "City") and The
Garner-Richmond Trust (the "Participant") propose to enter an Owner Participation Agreement (
the" Agreement")in the form submitted herewith wherein the Agency will purchase from the
Participant certain property (the "Property") located at the northwest corner of Main Street and
Chapman Avenue,which Property is located within the Project Area, and which Property the Participant
will convey to the City, Additionally, pursuant to the terms of the Agreement, the participant
proposes to construct private, commercial improvements on a an adjacent site (the "
Site"); and WHEREAS, pursuant to the terms of the Agreement the Agency, in consideration
of the conveyance of the Property from the Participant to the City and the development
undertakings by the Participant, will provide financial assistance in the form of a grant to defray the cost
of the Transportation Systems Improvement Programs Fees ("TSIP Fees") imposed by the
City in connection with the development of the Site and landscaping comparable to that of
the southwest corner of Main and Chapman (.Landscaping.). The grant for TSIP Fees shall
not exceed 33,100 and the total grant inclusive of TSIP Fees shall not exceed $68,
000: and WHEREAS, the Participant proposes to install and construct certain
public improvements the 'Public Improvements") on the Property to the extent more particularly described
in the
Agreement; and WHEREAS, the City and the Agency have similar purposes for the
installation and construction of the Public Improvements located within the Project
Area;
WHEREAS, in furtherance of the public purposes of the Agency and the City, the
Agency and the City desire to enter into the Agreement, pursuant to which the Agency will make
certain payments as therein provided; and
WHEREAS, the Public Improvements would assist in the elimination of blight by
providing for enhanced thoroughfares and other improvements of benefit to the Project Area; and
WHEREAS, there are no other reasonable means of funding the portion of the costs of
construction and installation of the Public Improvements other than the funds of the Agency; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
as follows:
Section 1. The City Council hereby determines that: (a) the Agreement is of benefit
to the Project Area; (b) no other reasonable means of financing the actions contemplated by the
Agreement are available to the community; and (c) the payment of funds for the acquisition of
land or the cost ,of buildings, facilities, structures, or other improvements in connection with the
provision of the Public Improvements will assist in the elimination of one or more blighting
conditions inside the Project Area by alleviating inadequate public improvements,
Section 2, The Agreement between the Agency and the City, a copy of which is on
file with the City Clerk is hereby approved, and the City Manager is authorized and directed to
execute said Agreement and a deed acceptance on behalf of the City.
Section 3. City staff is hereby authorized and directed to take any appropriate action
consistent with the purposes of this Resolution and the Agreement approved hereby to carry out
the Agreement on behalf of the City.
ADOPTED this 17th day of May 1994.
ATTEST:
r::F.l\1R RRVRR
Mayor of the City of Orange
B.~ .
yor Pro em
f
Cit~Ci~:~~f ~he ~i~:~f Orange (I, () I--I---A ~By:" 4.f.
dL'd{.{I h b 'fy
h h". cassandt'a. J. C he,arJ:'; 'CoM.C. ,Deputy
City Clerk ere y certl t at t e loregomg ResolutIon was auly and gUlarly adoptea
by tne City Council of the City of Orange at a regular meeting thereof held on the 17th
day of May , 1994, by the
following vote:AYES: COUNCIL MEMBERS: SPURGEON, BARRERA, MAYOR BEYER,
COONTZ, MURPHY NOES: COUNCIL
MEMBERS NONE ABSENT: COUNCIL
MEMBERS NONE Marilyn
J. Jensen City Clerk of the City
of Orange Resa No. 8318
2 By:Cassandra J. heart, C.
M.C.Deputy
City