RES-ORA-0230 Public Works Cooperation Agreement Relating to Public Impovements in the Southwest Project AreaRESOLUTION NO. ORA-
0230 RESOLUTION OF THE ORANGE
REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTION OF
A PUBLIC WORKS COOPERATION AGREEMENT
WITH THE CITY OF ORANGE RELATING TO
PUBLIC IMPROVEMENTS IN THE SOUTHWEST
PROJECT AREA (MANCHESTER COMPLEX FIRE
STATION)WHEREAS, by Ordinance No. 37-84 adopte.d 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 Redf:velopment 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, thf~ Agency and the City
desire to enter into a 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 ORANGE
REDEVELOPMENT AGENCY DOES HEREBY
1. The Agency 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 Agency hereby determines that this Resolution supercedes the references
made to Fire Station No. 6 in Resolution No. ORA-0204 and No. ORA-0205 adopted
by the Agency Board of Directors on June
26,
1990.
3.Agency.The Chairman is hereby authorized to execute the Agreement on behalf
of the ADOPTEDthis -D.I.b. day
of
septemher
1991.ATTEST:Orang edev
pm~ 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 ~
day of September , 1991 by the
following vote:AYES: DIRECTORS: STEINER, BARRERA, CHAIRMAN BEYER,
COONTZ, SPURGEON NOES:
DIRECTORS: NONE ABSENT:
DIRECTORS: NONE ABSTAIN:
DIRECTORS: NONE 9/
z4~ O-~lerk, Orange R vel~
e Agency mab: c:
resos: firesta6
PUBLIC WORKS COOPERATION AGREEMENT
Manchester
Complex Fire Station Station
No.6)THIS
AGREEMENT is entered into as of the 17th day of September ,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 improvc~
ments 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,enumer:
ates 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 darify 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 [mprovements 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 ORA-0230 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
sen,ices 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, ~ ~. 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.ection
6. 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 26,
1990.
I
I
J
I
r
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
ATTEST:
l/t/d4'r/-)?- G-~~~./City Clerk {/
ATTEST:0z,
u &"
j? 5~'dVt/Agen~y
Cler " ,CITY OF
ORANGE By:CITY"
ORANGE
REDEVELOPMENT
AGENCY BY:~r "
AGENCY"
r
ri.
L
EXHIBIT"
A"Improvements
The
City shall undertake the construction of the Manchester Complex Fire Station, also j referredtoasStationNo. ~, 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. , \ ·J