RES-10133 Approving Second Amendment Financial Assistance Agreement for Construction Grijalva Park Sports Center GymnasiumRESOLUTION NO. 10133
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING A SECOND
AMENDMENT TO FINANCIAL ASSISTANCE
AGREEMENT WITH THE COUNTY OF ORANGE
RELATED TO CERTAIN FUNDING ASSISTANCE
FOR THE CONSTRUCTION OF THE SPORTS
CENTER/GYMANSIUM AT GRIJALVA PARK.
WHEREAS, by its adoption of Resolution 9714 on March 11,2003, the City Council
of the City of Orange (the City Council) approved the terms and provisions of that certain
Financial Assistance Agreement, dated as of April 8, 2003 between the City of Orange (the
City) and the County of Orange (County) (the Original Agreement), whereby the County
assigned to the City a portion of the County's allocation of grant funds from the Per Capita
Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal
Protection Bond Act of 2000 (the Prop 12 Bond Act) in the amount of $1,000,000 for use by
the City to pay for a portion of the cost of construction of a sports center/gymnasium at
Grijalva Park (the Project); and
WHEREAS, the City Council also authorized the City Manager to request the
Department of Parks and Recreation of the State of California (DPR) to amend the City's Grant
Contract for Per Capita Program Funds to reflect the assignment by the County of a portion of
the County's Prop 12 Bond Act allocation to the City in the amount of $1,000,000.00; and
WHEREAS, the City and the County thereafter entered into that certain Amendment to
Financial Assistance Agreement, dated as of October 18, 2004 (the First Amendment), for the
purpose of substituting the funding source for the $1,000,000 grant amount identified in the
Original Agreement from the Per Capita Grant Program under the Prop 12 Bond Act to the Per
Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Act of 2002 (the Prop 40 Bond Act); and
WHEREAS, by its adoption of Resolution No. 10043 on December 13,2005, the City
Council authorized the City Manager to request DPR to amend the City's Grant Contract with
DPR to reflect the terms and provisions of the First Amendment; that is, to reflect the
assignment by the County of a portion of its Prop 40 Bond Act allocation to the City in the
amount of$I,OOO,OOO; and
WHEREAS, the City Council desires to further amend the Original Agreement to
allow for a three-year extension of time within which to complete construction of the
Project from December 31,2006 to December 31, 2009 and fully utilize the funds allocated to the
City,and the County is willing to further amend the Original Agreement to accommodate said
three-year
extension.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange as
Section 1.The foregoing recitals are true and correct.
Section 2. Amendment 2 to Financial Assistance Agreement, in the form as
submitted by the City Manager, is hereby approved, and the City Manager is authorized to
execute Amendment 2 to Financial Assistance Agreement and such other documentation as the
County may require to implement the terms and provisions thereof, and to submit same to the
County on behalf of the City.
Section 3. The City Manager (or his designee) is authorized and directed to
transmit to DPR a certified copy of this Resolution along with a request that the City's Grant
Contract with DPR be amended to reflect the terms and provisions of Amendment 2 to
Financial Assistance Agreement.
Section 4. The City Council hereby appoints the City Manager (or his designee) as
the agent for and on behalf of the City to conduct all negotiations and execute and submit all
documents necessary and appropriate to consummate the transaction contemplated by the
adoption of this Resolution, including, but not limited to, the amendment to the City's Grant
Contract with DPR and other such documentation, agreements and amendments as the City
Manager deems necessary and appropriate to consummate the transaction contemplated by the
adoption of this Resolution, and to administer the City's obligations, responsibilities and duties
to be performed hereunder and under the Financial Assistance Agreement, as amended, the
City's Grant Contract, as amended, and any other agreements entered into with the County and
DPR in connection with the Per Capita Grant Program under the Prop 40 Bond Act; and all
actions previously taken by the City Manager or the employees of the City in connection
therewith are ratified and approved.
ADOPTED this 28th day of November, 2006.
ATTEST:
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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 28th day of November, 2006, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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