RES-7877 Authorizing Execution of Public Works Cooperation Agreement Relating to Public ImprovementsRESOLUTION NO. 7877
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE AUTHORIZING THE EXECUTION OF A
PUBLIC WORKS COOPERATION AGREEMENT WITH
THE ORANGE REDEVELOPMENT AGENCY RELATING
TO PUBLIC IMPROVEMENTS IN THE SOUTHWEST
PROJECT AREA (MANCHESTER COMPLEX FIRE
STATION)
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 (
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 City and the Agency 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 street,sidewalk, curbing and gutter, and 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 enhance the area and contribute to the elimination of blight throughout the Project
Area, and in the immediate neighborhood 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 CITY COUNCIL OF THE CITY
OF ORANGE DOES HEREBY
1. The City hereby determines that the Improvements are of benefit to the Project
Area and the immediate neighborhood 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 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. The City hereby determines that this Resolution supercedes the references made
to Fire Station No. 6 in Resolution No. 7592 and No. 7593 adopted by the City Council on
June 26, 1990.
3, The Mayor is hereby authorized to execute the Agreement on behalf of the City.
ADOPTED this 17th day of September , 1991.
Ci~-:f~ArrEST:
Clerk,
City 0 ran 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 1 7th day of September ,
1991 by the following vote:AYES:
COUNCIL MEMBERS:STEINER, BARRERA, MAYOR BEYER, COONTZ, SPURGEON NOES:
COUNCIL MEMBERS:NONE ABSENT:
COUNCIL MEMBERS:NONE ABSTAIN:
COUNCIL MEMBERS:NONE a.~
Clerk, City of ange V'mab:
c:resos:firesta6
PUBLIC WORKS COOPERATION AGREEMENT
Manchester Complex Fire Station
Station No. 6)
THIS AGREEMENT is entered into as of the J.li.b.. day of ",pptpmhpr ,
1991, 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, ~ ~.), 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 street,
sidewalk, curbing and gutter, and 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
Southwest Redevelopment 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 neighborhood 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:
Attachment of RESO 7877
Original Record Mgr.
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, !1 ~. 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.lSection6. This Agreement shall supercede the references made to Fire Station No. 6
in the Cooperation Agreement approved by City Council Resolution No. 7592 and No. 7593
and Orange Redevelopment Agency Resolution No. ORA-0204 and No. ORA-
0205 adopted on June
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above wri tten.
ATTEST:CITY OF ORANGE
1'#1L&.d;r/ r::A?~./
City Clerk' . C7
By:
CITY"
ATTEST:ORANGE REDEVELOPMENT AGENCY
9Jz&~- ~;?~~Agency
Clerk . {/By:
AGENCY" ,
EXHIBIT "A"
Improvements
1
i
ITheCityshallundertaketheconstructionoftheManchesterComplexFireStation, also
referred to as Station No.6, and will be reimbursed by the Agency, to the extent that funds
are available, a maximum of $1,273,758 from the Southwest Project Area. "
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