RES-ORA-0276 Authorizing Execution of Public Works Cooperation Agreement Relating to Public ImprovementsRESOLUTION NO. ORA-
0276
A RESOLUTION OF THE ORANGE REDEVELOPMENT
AGENCY AUTHORIZING THE EXECUTION OF A PUBLIC
WORKS COOPERATION AGREEMENT WITH THE CITY OF
ORANGE RELATING TO PUBLIC IMPROVEMENTS (FIRE
HYDRANT AND RELATED WATER LINE
IMPROVEMENTS AT ORANGE MOBILEHOME PARK)
WHEREAS, by Ordinance No. 49-83, and amended by Ordinance No. 20-
88 adopted on June 28, 1988, the City Council of the City of Orange adopted and approved
a certain Redevelopment Plan (the "Redevelopment Plan") for the Tustin Street Project
Area, (the
Project"); and WHEREAS, pursuant to the Community Redevelopment Law of the State
of California Health and Safety Code Section 33000, et ~.), the Orange Redevelopment
Agency (the Agency") is carrying out the Redevelopment Plan for the Project in the
redevelopment area the "Project
Area"); and WHEREAS, in furtherance of the Project, the Agency and the City desire to
enter into a Public Works Cooperation Agreement in the form attached hereto (
the "Agreement")pursuant to which the City will cause to be designed, installed, and constructed
certain public facility improvements (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 improve public safety and contribute to the elimination of blight throughout the
Project Area,and in the immediate neighborhoods in which the Project Area is
located; and Vv'HEREAS, 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 which the Project Area is located and
that no other reasonable means of financing such Improvements are available to the
community except 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
Project Area is based upon the fact that the Improvements will assist in providing substantialsafetyimprovementswhichwillenhancegrowthintheentireProjectArea.
2.
Agency.
The Chairman is hereby authorized to execute the Agreement on behalf of the
ADOPTED this 28th day of June 1994.
A ITEST:
GENP BEYER
Chairman, Orange Redevelopment Agency
y: G9/:Ca ~qChalan
1j;.?flA~~/}1'AU~
Clerk, Oran R el ent Agency
I hereby certify that the foregoing Resolution was duly and regularly adopted by theOrangeRedevelopmentAgencyataregularmeetingthereofheldonthe28thdayofJune , 1994 by the following vote:
AYES: DIRECTORS: SPURGEON, BARRERA, COONTZ, MURPHY
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: BEYER
ABSTAIN: DIRECTORS: NONE
lc/gd:b:reso-l/
0276
PUBLIC WORKS COOPERATION AGREEMENT
Fire Hydrant and Related Water Line Improvements at Orange Mobilhome Park
THIS
AGREEMENT is entered into as of the _ day of 1992,
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,
et ~.), 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 improvements
enumerated in redevelopment plans upon making finds that: (i) the public facility
improvements are of benefit to the Project Area and the immediate neighborhood in which
the Project Area is located, and (ii) no other reasonable means of financing such buildings,
facilities, structures or other improvements are available to the community; and C.
WHEREAS, the Redevelopment Plan (the "Redevelopment Plan") for the Tustin
Street 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 Cooperation
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 of benefit to the Project Area and the immediate neighborhoods in which the Project Area
is located; and r'
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
agreement 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 reimburse 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 such 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 make the City whole as soon as practically possible.Section
4. The City agrees to include the Agency within the terms of the City's insurance
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.Section
5. The obligations of the Agency under this Agreement shall constitute an indebtedness
of the Agency within the meaning of Section 33670, et ~. of the Community Redevelopment
Law, to be repaid to the City by the Agency with interest at the lesser of (i)r-
twelve percent (12%) per annum or (ii) the maximum rate allowed by law.I '
r
i'\
i '
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
A TIEST:CITY OF ORANGE
By:
City Clerk
A TIEST:
Mayor
CITY"
ORANGE REDEVELOPMENT AGENCY
By:
Agency Clerk Chairman
AGENCY"
EXHmIT "
A"Imorovements
The
City shall undertake the design, construction, and installation of fire hydrants and related water
line improvements to Orange Mobilehome Park located at 1931 E. Meats Avenue and will
be reimbursed by the Redevelopment Agency, to the extent that funds are available, a maximum
of $100,000 from the Tustin Street Redevelopment Project Area.Ic/
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