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RES-10442 Construction & Acquisition of Public RoadwayRESOLUTION NO. 10442 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE MAKING CERTAIN FINDINGS UNDER THE COMMUNITY REDEVELOPMENT LAW RELATING TO THE CONSTRUCTION AND ACQUISITION OF A PUBLIC ROADWAY SERVING A RETAIL SHOPPING CENTER COMMONLY KNOWN AS THE BLOCK AT ORANGE WITHIN THE ORANGE MERGED AND AMENDED REDEVELOPMENT PROJECT AREA; AND APPROVING AND AUTHORIZING EXECUTION OF A COOPERATION AGREEMENT WITH THE ORANGE REDEVELOPMENT AGENCY. WHEREAS, the City of Orange (herein referred to as the "City") is a municipal corporation, which exercises governmental functions and powers and is organized and existing under the laws of the State of California; and WHEREAS, the Orange Redevelopment Agency, a public body, corporate and politic herein referred to as the "Agency"), has been duly created, established and authorized to transact business and exercise its powers under and pursuant to the Community Redevelopment Law (commencing with Section 33000 of the Health and Safety Code of the State of California); and WHEREAS, by Ordinance No. 21-01 adopted on November 27, 2001, the City Council of the City of Orange adopted and approved the Amended and Restated Redevelopment Plan (herein referred to as the "Redevelopment Plan") for the Orange Merged and Amended Redevelopment Project Area (herein referred to as the Redevelopment Project Area"); and WHEREAS, the Agency is engaged in activities necessary to carry out and implement the Redevelopment Plan for the Redevelopment Project Area; and WHEREAS, Orange City Mills Limited Partnership, a Delaware limited partnership herein referred to as "OCMLP"), Orange City Mills II Limited Partnership, a Delaware limited partnership (herein referred to as "OCMIILP"), and Orange City Mills III Limited Partnership, a Delaware limited partnership (herein referred to, individually, as " OCMIIILP"and, collectively, with OCMLP and OCMIILP as the "Developer") are, collectively, the owner of an entertainment/retail commercial shopping center in the Redevelopment Project Area that is commonly known as "The Block at Orange" (herein referred to as the " Shopping Center"); WHEREAS, the Developer has submitted an application to the City to develop certain additional private development improvements at the Shopping Center (herein referred to as the "Retail Expansion"), which has been approved by the City subject to the satisfaction of certain conditions of regulatory approval; and WHEREAS, among the conditions of regulatory approval for the Retail Expansion is the requirement for the construction of an internal roadway linking the inner ring road at the Shopping Center to the Metropolitan Drive/State Route 22 off- and on-ramp intersection herein referred to as the "Fourth Leg Improvements") and the conveyance to the Agency of the Fourth Leg Improvements and the land upon which the Fourth Leg Improvements are constructed (herein referred to as the "Fourth Leg Site"); and WHEREAS, OCMLP has proposed to enter into an Acquisition Agreement with the Agency, pursuant to which OCMLP agrees to construct the Fourth Leg Improvements and,upon completion thereof, to sell and convey the Fourth Leg Site and the Fourth Leg Improvements to the Agency, and the Agency agrees to reimburse OCMLP up to $4,700, 000 for the substantiated cost of the Fourth Leg Improvements; and WHEREAS, OCMLP has executed and submitted to the Agency copies of the Acquisition Agreement in a form that is acceptable to OCMLP; and WHEREAS, Section 33445 of the Community Redevelopment Law authorizes the Agency, with the consent of the City Council, to, among other things, pay all or a part of the value of the land for and the cost of installation and construction of any building, facility,structure, or other improvement, which are or will, upon completion, become publicly owned, and are located in or contiguous to the Redevelopment Project Area, upon the making of the following findings:a) That the acquisition of land or the installation or construction of the buildings,facilities, structures, or other improvements are of benefit to the redevelopment project area by helping to eliminate blight within the redevelopment project area or providing housing for low- or moderate-income persons; and b) That no other reasonable means of financing the acquisition of the land or installation or construction of the buildings, facilities, structures, or other improvements are available to the community; and c) That the payment of funds for the acquisition of land or the cost of the buildings,facilities, structures, or other improvements is consistent with the implementation plan adopted by the redevelopment agency pursuant to Section 33490 of the Community Redevelopment Law (herein referred to collectively as the " 33445 WHEREAS, by its adoption of Resolution No. ORA-0512, the Board of Directors of the Agency (herein referred to as the "Agency Board") has determined that there were sufficient facts supporting the 33445 Findings and the reimbursement by the Agency to OCMLP of up to $4,700,000 for the substantiated cost of the Fourth Leg Improvements in accordance with the terms of the Acquisition Agreement; and WHEREAS, the City is authorized by Section 33220 of the Community Redevelopment Law to aid and cooperate with the Agency in the planning, undertaking,construction or operation of redevelopment projects within the Redevelopment Project Area,upon the terms and with or without consideration as it determines; and WHEREAS, in furtherance of the Redevelopment Plan for the Redevelopment Project Area, the Agency has requested that the City aid and cooperate in the undertaking of the redevelopment of the Shopping Center with the Retail Expansion by entering into a Cooperation Agreement with the Agency, pursuant to which the City will inspect and supervise the construction of the Fourth Leg Improvements in accordance with the terms and provisions of the Acquisition Agreement. Moreover, the Cooperation Agreement provides that, following theAgency's acceptance of title to the Fourth Leg Improvements and the Fourth Leg Site from OCMLP, the City will, itself, accept an easement from the Agency for street and highway purposes (including an easement for public utilities or other public improvements) in and to the Fourth Leg Improvements and the Fourth Leg Site, which will permit the City to properly own, operate and maintain the Fourth Leg Improvements and the Fourth Leg Site; subiect, however, to the on-going maintenance, repair, upkeep,rehabilitation, reconstruction and replacement obligations of the Developer pursuant to the terms and provisions of the Acquisition Agreement; and WHEREAS, the City is willing to aid and cooperate with the Agency in the undertaking of the redevelopment of the Shopping Center with the Retail Expansion by supervising and inspecting OCMLP's construction of the Fourth Leg Improvements; and WHEREAS, in consideration ofthe City's willingness to aid and cooperate in the undertaking of the redevelopment of the Shopping Center with the Retail Expansion by supervising and inspecting OCMLP's construction of the Fourth Leg Improvements, the Agency desires to contribute the sum of not more than $100,000.00 to the City to be used by the City solely for inspection and supervision services to be provided by City staff or a consultant(s) (if any) retained, or to be retained, by the City for that purpose; and WHEREAS, this City Council desires to enter into a Cooperation Agreement with the Agency, in the form presented to this City Council, pursuant to which the City will supervise and inspect OCMLP's construction of the Fourth Leg Improvements in consideration for the payment by the Agency for such services in an amount not in excessof 100, 000; and WHEREAS, this City Council has duly considered all of the terms and conditions of the Cooperation Agreement and believes that its services to be rendered thereunder and the conveyance of an easement to the City in and to the Fourth Leg Site is in the best interest the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law and requirements, and that such activities promote the objectives of the Community Redevelopment Law, as well as the Redevelopment Plan for the Redevelopment Project Area. NOW, THEREFORE, the City Council of the City of Orange resolves, finds and determines, on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows: 1. The foregoing recitals are true and correct. 2. The Agency's financial participation in the construction of the Fourth Leg Improvements and the acquisition of the Fourth Leg Site and the Fourth Leg Improvements and the subsequent conveyance by the Agency to the City of an easement for street and highway purposes (including an easement for public utilities or other public improvements) in and to the Fourth Leg Improvements and the Fourth Leg Site will benefit the City and are of benefit to the Redevelopment Project Area. 3. Other than the agreement of the Agency to fund the cost of the Fourth Leg Improvements and to acquire the Fourth Leg Site and the Fourth Leg Improvements, no other reasonable means of financing the Fourth Leg Improvements or acquiring the Fourth Leg Site and Fourth Leg Improvements are available to the community. 4. The Agency's payment of funds for the cost of the Fourth Leg Improvements in accordance with the terms of the Acquisition Agreement and the construction of the Fourth Leg Improvements will assist in the elimination of one or more blighting conditions inside the Redevelopment Project Area, and is consistent with the Implementation Plan adopted by the Agency for the Redevelopment Project Area pursuant to Section 33490 of the of the Community Redevelopment Law. 5. The terms and provisions of the Cooperation Agreement in the form presented to this City Council, is approved and the Mayor is authorized and directed to execute, and the City Clerk to attest, the Cooperation Agreement on behalf of the City. 6. Except as may otherwise be provided in the Cooperation Agreement, the City Manager is authorized and directed to execute on behalf of the City all documents necessary and appropriate to carry out and implement the Cooperation Agreement and to administer the City's obligations, responsibilities and duties to be performed thereunder. ADOPTED this 8`" day of June, 2010. 4 ATTEST: Mary E. City Clerk, Cit range I, MARY E. MURPHY, City Clerk of the City of Orange, California, do 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 8t'' day of June, 2010, by the following vote: AYES: COUNCILMEMBERS: Murphy, Cavecche, Dumitru, Bilodeau NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN (RECUSED): COUNCILMEMBERS: Smith Mary E.~, City Clerk, City~of Orange 5