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RES-ORA-0470 Cooperation & Reimbursement Agreement Rehabilitation of Meats Ave.RESOLUTION NO. ORA- 0470 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 THE REHABILITATION OF THAT PORTION OF MEA TS AVENUE BETWEEN ORANGE-OLIVE ROAD AND NORDIC STREET 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 the 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, pursuant to the Redevelopment Law, 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 by the adoption of Ordinance No. 21-01 on November 27,2001; 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 rehabilitate that portion of Meats Avenue between Orange-Olive Road and Nordic Street, which will consist of, among other work, the removal and reconstruction of failed pavement areas, adjusting utility covers to grade, the replacement of loop detectors, and upgrading/construction of 26 access ramps to comply with the Americans with Disabilities Act. To that end and under the supervision of the Director of Public Works/City Engineer, the Office of the Director of Public Works/City Engineer has prepared those certain Street Improvement Plan for Meats Avenue from Orange-Olive Road to Nordic Street consisting of seven (7) sheets (herein referred to as the Plans). The Plans have been approved by the City Council of the City of Orange and are on file as a public record in the Office of the Director of Public Works/City Engineer. The work to be performed under the Plans is referred to herein as the Public Improvements and will include the installation of sidewalk access ramps at every intersection within the limits of the project that will be compliant with the 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; and (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 is 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 is 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 is 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 ofthe costs of such Public Improvements in the amount not to exceed One Hundred Eighty-four Thousand and Noll 00 Dollars ($184,000.00), 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 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: 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 is 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 resolution 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 25th day of September, 2007. ATTEST: M~ler 3 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 Orange Redevelopment Agency at a regular meeting thereof held on the 25th day of September, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DIRECTORS: Smith, Murphy, Cavecche, Dumitru, Bilodeau DIRECTORS: None DIRECTORS: None DIRECTORS: None 4