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RES-ORA-0272 Public Works Cooperation AgreementRESOLUTION NO. ORA- 0272 RESOLUTION OF THE ORANGE REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTION OF A PUBLIC WORKS COOPERATION AGREEMENT WITH THE CITY OF ORANGE RELATING TO PUBLIC IMPROVEMENTS - FINANCE BUILDING ROOF IN AN AMOUNT NOT TO EXCEED $51,000. WHEREAS, 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 WHEREAS, 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 redevelopment 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 a new Finance Building Roof (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 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 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 26thdayof October 1993. ATTEST: t#~~~} ~k'7/AI'/-4/ Clerk, Oran Red 10 ent Agency 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 26th day of October , 1993 by the following vote: AYES: DIRECTORS: C t,a.Jc\ \l'('JUf' SPURGEON. BARRERA. -~ BEYER, COONTZ, MURPHY NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE ABST AlN: DIRECTORS: NONE lclb: reso-I/0272 PUBLIC WORKS COOPERATION AGREEMENT r THIS AGREEMENT is entered into as C)f the 26th day of October, 1993, 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 seq.), 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 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 Southwest 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 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 I. 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 Cityitsproratashareofthecostsofinsuranceapplicabletoitsactivitiesresultingfromthe 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 seq. of the Community Redevelopment Law, to be repaid to the City by the Agency with interest at the lesser of (i) twelve percent (12%) per annum or (ii) the maximum rate allowed by law. Section 6. This Agreement shall not modify, amend or otherwise affect any other outstanding agreement between the Agency and the City. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. r- A TIEST:CITY OF ORANGE OF!l-GlNAL SIGN~D BY MA.~IL YN J. JF.~ ISEN"City Clerk ORIGINAL SIGNED BY By: G~NE BEYER Mayor CITY"A TIEST:l.>>~~iJ 'ii' l1,:1,::;;;. 'tr~ .i. .ta' UN"Agency Clerk ORANGE REDEVELOPMENT AGENCY ORIGINJ,l SIGNED BY By: -.--GENE BEYER Chairman AGENCY" IcIb:reso-I/ 0272 EXHIBIT" A" Improvements A new roof on the Finance Building in an amount not to exceed $51,000.00. I I