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RES-ORA-0460 Cooperation & Reimbursement Agreements for Street Improvements within Amended Redevelopment Project AreaRESOLUTION NO. ORA- 0460 RESOLUTION OF THE ORANGE REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE EXECUTION OF A COOPERATION AND REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF ORANGE AND THE ORANGE REDEVELOPMENT AGENCY FOR CERTAIN STREET IMPROVEMENTS WITHIN THE ORANGE MERGED AND AMENDED REDEVELOPMENT PROJECT AREA WHEREAS, the Orange Redevelopment Agency, a public body, corporate and politic 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 lhe State of California and herein referred to as the Redevelopment Law); and WHEREAS, the City of Orange (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 Amended and Restated Redevelopment Plan (the Redevelopment Plan) for the Orange Merged and Amended Redevelopment Project Area ( the Redevelopment Project Area) was duly approved by the City Council on November 13, 2001 by Ordinance No. 210 I, pursuant to the Redevelopment Law; and WHEREAS, pursuant to the Redevelopment Law, the Agency is engaged in activities necessary to carry out and implement the Redevelopment Plan for the Redevelopment Project Area; and WHEREAS, the City desires to construct, or cause to be constructed, two street improvement projects. The first project is proposed within the Taft Avenue right-of-way from Glassell Street to Shaffer Street and within the Glassell Street right-of-way from its intersection with Taft Avenue to a point approximately 330 feet south. The second project is proposed at the northeast corner of the intersection of Taft Avenue and Tustin Street.Included within the work to be performed will be the installation of sidewalk access ramps that will be compliant with the Americans with Disabilities Act. Both projects are described on Exhibit A to the "Agreement" (as defined herein below) and are collectively referred to herein WHEREAS, Section 33445 of the Redevelopment Law authorizes the Agency, with the consent of the City Council, to pay all or a part of the cost of the installation and construction of the Public Improvements if the City Council determines that (a) the Public Improvements are of benefit to the Redevelopment Project Area; (b) no other reasonable means of financing the Public Improvements are available to the City; (c) the payment of funds for the Public Improvements will assist in the elimination of one or more blighting conditions inside the Redevelopment Project Area; and (d) the Public Improvements are consistent with the Agency's adopted Implementation Plan; and WHEREAS, the City Council has heretofore found and determined that (a) the Public Improvements are of benefit to the Redevelopment Project Area; (b) there are no other reasonable means available to the City for funding the Agency's portion of the costs of the construction of the Public Improvements other than the funds provided by the Agency; (c) the payment of funds for the Public Improvements will assist in the elimination of one or more blighting conditions inside the Redevelopment Project Area; and (d) the Public Improvements are consistent with the Agency's adopted Implementation Plan; and WHEREAS, 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, the Board of Directors of the Agency finds and determines that (a) the Public Improvements are of benefit to the Redevelopment Project Area; (b) there are no other reasonable means available to the City for funding the Agency's portion of the costs of the construction of the Public Improvements other than the funds provided by the Agency; (c) the payment of funds for the Public Improvements will assist in the elimination of one or more blighting conditions inside the Redevelopment Project Area; and (d) the Public Improvements are consistent with the Agency's adopted Implementation Plan; and WHEREAS, in furtherance of the Redevelopment Plan for the Redevelopment Project Area, the Agency and the City desire to enter into a Cooperation Agreement in the form presented at the meeting at which this Resolution is adopted (the "Agreement") pursuant to which the City will cause the Public Improvements to be installed and constructed and thereafter maintained, and the Agency will payor reimburse the City for the Agency's portion of the costs of such Public Improvements in the amount not to exceed One Hundred Forty Thousand and No/lOO Dollars ($140,000.00), as more particularly set forth in the Agreement; and WHEREAS, the Board of Directors has duly considered all of the terms and conditions of the proposed Agreement and believes that the Agreement is in the best interests of the Agency and 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 NOW, THEREFORE, the Board of Directors of the Orange Redevelopment Agency resolves, finds and determines, on the basis ofthe 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: 2 Section I: The foregoing recitals are true and correct. Section II: The Public Improvements are of benefit to the Redevelopment Project Area, there are no other reasonable means available to the City for funding the Agency's portion of the costs of the construction of the Public Improvements other than the funds provided by the Agency, the payment of funds for the Public Improvements will assist in the elimination of one or more blighting conditions inside the Redevelopment Project Area, and the Public Improvements are consistent with the Agency's adopted Implementation Plan. Section III: The Agreement between the Agency and the City, a copy of which is on file with the Agency Clerk, is hereby approved, and the Agency Chairman is authorized and directed to execute, and the Agency Clerk to attest, said Agreement on behalf ofthe Agency. Section IV: The officers and employees of the Agency are authorized and directed, jointly and severally, to do any and all things necessary or advisable in order to effectuate the purposes of this resolulion and to administer the Agency's obligations, responsibilities and duties to be performed hereunder, and all actions previously taken by such officers and employees in connection with the Agreement are ratified and approved. ADOPTED this 23rd day of January, 2007. Carolyn . avec9he Chair t e Oral1ge, Redevelopment Agency 3 ATTEST: I, MARY E. MURPHY, Clerk of the Orange Redevelopment Agency, Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the Orange Redevelopment Agency at a regular meeting thereof held on the 23rd day of January, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DIRECTORS: Smith, Murphy, Cavecche, Dumitru, Bilodeau DIRECTORS: None DIRECTORS: None DIRECTORS: None tf{~,~cL~ Mary E. 1Vfurp y Clerk of the Orange Redevelopme Agency 4 COOPERATION AND REIMBURSEMENT AGREEMENT FOR THE PROVISION OF PUBLIC IMPROVEMENTS OF BENEFIT TO THE ORANGE MERGED AND AMENDED REDEVELOPMENT PROJECT AREA Glassell/Taft and Taft/Tustin Street Improvements) THIS COOPERATION AND REIMBURSEMENT AGREEMENT, dated for identification purposes only as of , 2007, is entered into by and between the CITY OF ORANGE, a municipal corporation (the City), and the ORANGE REDEVELOPMENT AGENCY, a public body, corporate and politic (the Agency), with reference to the following: A. The Agency is undertaking certain activities necessary for redevelopment of the Orange Merged and Amended Redevelopment Project Area (the Project Area) in accordance with provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) and pursuant to the Redevelopment Plan for the Project Area. B. The City desires to construct or cause to be constructed two street improvement projects. The first project is proposed within the Taft Avenue right-of-way from Glassell Street to Shaffer Street and within the Glassell Street right-of-way from its intersection with Taft A venue to a point approximately 330 feet south. The second project is proposed at the northeast corner of the intersection of Taft Avenue and Tustin Street. Included within the work to be performed will be the installation of sidewalk access ramps that will be compliant with the Americans with Disabilities Act. Both projects are described on Exhibit A attached hereto and are collectively referred to herein as the "Public Improvements".C. The Agency is willing in connection with the construction of the Public Improvements by the City to reimburse the City for that portion of the cost of the construction of the Public Improvements undertaken for the specific benefit of the Project Area and which are located within the boundaries of the Project Area.D. The Agency and the City have determined that the Public Improvements are of benefit to the Project Area.E. The Agency and the City have determined that the Public Improvements will assist in the elimination of one or more blighting conditions inside the Project Area and are consistent with the Agency's adopted Implementation Plan for the Project Area.F. The Agency and City have determined that no other reasonable source of financing said portion of the Public Improvements is available to the City.G. The Agency and the City have determined that the Agency's financial participation in the construction of the Public Improvements will benefit the City and that the City has or will have the ability to NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. SCOPE OF WORK The City shall cause the Public Improvements to be constructed in a satisfactory and proper manner pursuant to plans and specifications prepared by the City. The Agency agrees to reimburse the City for a portion of its costs as set forth in Section 3 hereof. 2. TIME OF PERFORMANCE The work required pursuant to Section I hereof shall commence and be completed in accordance with a schedule to be determined by the City's Director of Public Works/City Engineer. 3. COMPENSATION AND METHOD OF PAYMENT a. Maximum Compensation The Agency shall reimburse the City in an amount not to exceed ONE HUNDRED FORTY THOUSAND AND NO/lOO DOLLARS ($140,000.00) for its share of the construction costs associated with undertaking the Public Improvements. b. Method of Payment The amount to be reimbursed by the Agency hereunder shall become due in full ten (10) days after receipt of a written reimbursement request from the City. The City shall submit reimbursement requests to the Agency on a quarterly basis within thirty (30) days of the end of each calendar quarter requesting that the City be reimbursed for that portion of the Public Improvements completed and paid for by the City during the preceding calendar quarter. The payment obligation of the Agency hereunder shall be made at the option of the Agency, from the tax increment revenues of the Project Area, bond proceeds, and any other funds of the Agency legally available therefor. The payment obligation of the Agency hereunder does not constitute a pledge of any particular funds and is and shall be subordinate to any pledge or other commitment of the Agency made in connection with any Agency bonds, now or hereafter issued. The Agency recognizes and agrees that its commitment under this Agreement constitutes an obligation to pay the City and, as such, creates debt for which tax increment revenues may be allocated to the Agency. Said indebtedness shall be considered as an indebtedness of the Agency as the same is intended for purposes of the filing of a statement of indebtedness with the County of Orange pursuant to Section 33675 of the California Community Redevelopment Law. 4. LIABILITY AND INDEMNIFICATION In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Sections 895.4 and 895.6 of said Code, will each assume the full liability imposed on it, or any of its officers, agents or employees by law for injury caused by negligent or wrongful act or omission occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above-stated purposes, each party indemnifies and holds harmless the other party for any loss, costs or expense that may be imposed upon such other party solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made part hereof as if fully set forth herein.5. EFFECTIVE DATE OF AGREEMENT This Agreement shall take effect from and after the date of adoption and approval by both the City and the Agency pursuant to official action of the governing bodies thereof, and shall be effective for a duration not to exceed the time necessary to fully pay the City the principal amount due hereunder from time to time. Upon such final payment, or five (5) years from the date of this Agreement, whichever is earlier, this Agreement (other than the provisions of Article 4. LIABILITY AND INDEMNIFICATION") shall terminate.remainder of page intentionally left blank; signatures on next IN WITNESS HEREOF, the parties have executed this Agreement as of the date first set forth herein. CITY OF ORANGE, a mu icipal corporation Mt:i.~t;~ty ~ er ORANGE REDEVELOPMENT AGENCY, a public body, corporate and politic L~ Mary E. , City Cle EXHIBIT A DESCRIPTION OF PUBLIC IMPROVEMENTS A) TAFT A VENUE AND GLASSELL STREET IMPROVEMENTS: The City will be contracting for the construction of street improvements within the Taft A venue right-of-way from Glassell Street to Shaffer Street and within the Glassell Street right-of-way from its intersection with Taft Avenue to a point approximately 330 south. The improvements will consist of traffic control, sawcutting, removal and disposal of existing storm drain improvements, trenching, shoring, sheeting, bracing, the installation of 48", 36", and 30"-diameter reinforced concrete pipe storm drain main line, 24" and 18"-diameter reinforced concrete pipe storm drain laterals, backfill and compaction, junction structures, manholes, catch basins and local depressions, and trench resurfacing, the construction of asphalt concrete deep lift section, concrete sidewalk, curb and gutter, driveway, sidewalk access ramps that will be compliant with the Americans with Disabilities Act ("ADA"), water valves and manholes adjustments to grade, replacement of traffic striping, traffic loops and pavement markings.These improvements are more particularly described on the plans and specifications entitled Taft Avenue and Glassell Street Storm Drain Improvements, Project D- 146", prepared by the City of Orange Public Works Department, dated as of July 6, 2006 and consisting of sheets I through 7, which plans and specifications are on file with said Department.A portion of the work will be located within the boundaries of the Orange Merged and Amended Redevelopment Project Area. It is that work which the Orange Redevelopment Agency will fund or for which the City will be reimbursed by the Agency.B) TAFT AVENUE AND TUSTIN STREET IMPROVEMENTS:The City will be contracting for the construction of street improvements to be done on the northeast intersection of Taft Avenue and Tustin Street. The improvements will consist of traffic control, sawcutting, removal and modification of interfering portions of an existing storm drain,the trenching and installation of a 12" -diameter reinforced concrete pipe storm drain lateral, its connection to an existing inlet, backfill and compaction, trench resurfacing, construction of ADA-compliant sidewalk access ramps, removal and replacement of interfering concrete sidewalk, and curb and gutter.These improvements are more particularly described on the plan entitled "Storm Drain Improvement Plan for Tustin Avenue/Taft Avenue Northeast Corner D-155" prepared by the City of Orange Public Works Department, dated December 11, 2006 and consisting of one shect,which plan is on file with said Department.All of the work will be located within the boundaries of the Orange Merged and Amended Redevelopment Project Area. The Orange Redevelopment Agency will fund the entire cost of that work or,