RES-9940 Amendment to Financial Assistance Agreement Grijalva Park Phase II ConstructionI
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RESOLUTION NO. 9940
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE RATIFYING EXECUTION OF
AN AMENDMENT TO FINANCIAL ASSISTANCE
AGREEMENT WITH THE COUNTY OF ORANGE
RELATED TO THE CONSTRUCTION OF
GRIJALVA PARK PHASE II, SPORTS
CENTER/GYMNASIUM
WHEREAS, on July 13, 2004, the City Council of the City of Orange approved that
certain Amendment to Financial Assistance Agreement between the City of Orange (the City)
and the County of Orange (the County), dated October 18, 2004, a copy of which is attached
hereto as Attachment 1 (the First Amendment); and
WHEREAS, the purpose of the First Amendment was to substitute the funding
source for the $1,000,000 grant amount identified in that certain Financial Assistance
Agreement, dated April 8, 2003 between the City and the County (the Original Agreement)
from the Per Capita Grant Program under the Safe Neighborhood Parks, Clean Water, Clean
Air and Coastal Protection Bond Act of 2000 (the State Park Bond Act of 2000) to the Per
Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood
Parks, and Coastal Protection Act of 2002 (the 2002 Resources Bond Act); and
WHEREAS, the City has executed and delivered the First Amendment to the County
in the form attached hereto as Attachment 1; and
WHEREAS, this City Council now desires to ratifY the action taken by the City
Council at its regular meeting held on July 13, 2004 regarding the approval, execution and
delivery of the First Amendment by the Mayor.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Ratification of Approval, Execution and Delivery of First Amendment
to Financial Assistance Agreement. The approval of the First Amendment by the City
Council at its regular meeting held on July 13, 2004, the subsequent execution of the First
Amendment by the Mayor, and the attestation of the Mayor's signature by the City Clerk, for
and on behalf of the City, and the delivery of the First Amendment to the County, are hereby
ratified and confirmed.
Section 2. Actions Approved. All actions heretofore taken by the officers and
agents of the City with respect to the Original Agreement, as amended by the First
Amendment, are hereby approved, confirmed and ratified, and the proper officers of the City
are hereby authorized and directed to do any and all things and take any and all actions and
execute any and all certificates, agreements and other documents, which they, or any of them,
may deem necessary or advisable in order to consummate the duties and obligations of the
City under the Original Agreement, as amended by the First Amendment.
Section 3. Effective Date. This Resolution shall take effect immediately upon its
adoption.
ADOPTED this 25th day of January, 2005.
ATTEST:
of Orange
L<---,~Mary
E. Murphy; 'ty Clerk, City 0 ~ge 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 25th day of January, 2005, by the following
vote:AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
Smith, Ambriz, Murphy, Cavecche, Dumitru COUNCILMEMBERS:
None COUNCILMEMBERS:
None COUNCILMEMBERS:
None 4'~
C{~ -/Mary E.
Mu y, City Clerk, City <i,Orange Reso. No.
9940 2 TJR
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City vf O.-ange
Grijalva Park Phase II, Sports Center/Gymnasium
Ag.
Y//. /7; /
e-
I AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENTt
t"THIS AMENDMENT TO AGREEMENT, is made and entered into this ~ day of OCT. ,
2004.BY AND
BETWEEN
AND The City of Orange, a municipal corporation, hereinafter referred to as "
CITY,"The County of Orange, a subdivision of the State of California, hereinafter referred to
as
COUNTY".CITY and COUNTY are sometimes hereinafter jointly referred to as the "parties" and individually as "
party".
RECITALS WHEREAS, CITY and COUNTY entered into an Agreement dated April 8, 2003, hereinafter referred
to as the "Original Agreement," and by this reference made part of this Amendment, to construct Grijalva Park
Phase II, Sports Center/Gymnasium, hereinafter referred to as "PROJECT" by December 31,2006,
and WHEREAS, the people of the State of California have enacted the Per Capita Grant Program under
the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of2002 (2002
Resources Bond Act) which provides funds for the acquisition and development of neighborhood, community, and
regional parks and recreation lands and facilities;
and WHEREAS, the CITY has started construction planning of the specified improvements by the
date originally planned and CITY and COUNTY are agreeable to substitute the funding source from the State Park
Bond Act of 2000 of the Original Agreement, to the 2002 Resources Bond Act;
and WHEREAS, with the exception of the substitution ofthe funding source, the CITY is willing to be
bound by all other terms and conditions of the Original
Agreement.NOW THEREFORE, CITY and COUNTY do hereby agree as
follows:1. EFFECT OF AMENDMENT TO
AGREEMENT This Amendment shall only substitute the funding source from the State Park Bond Act of 2000 in the
Original Agreement, to the 2002 Resources Bond
Act.2. SECTION 5. "MAXIMUM FINANCIAL
OBLIGATION"Section 5 of the Original Agreement is hereby amended to read in full as
follows:COUNTY shall provide funding assistance in an amount not to exceed $1,000,000 from the assignment
of COUNTY's altocation from the 2002 Resources Bond Act grant program, accomplished by
DEPARTMENT amending COUNTY's Funding Contract to decrease it in the amount of $1,000,000, in favor of CITY and by
the DEPARTMENT concurrently amending CITY's Funding Contract, increasing it in the amount of $1,000,
000.a. Such fmancial assistance shall be used by CITY solely for the PROJECT'S costs that are
determined eligible by the DEPARTMENT in its administration of the
grant.3. "STATE PARK BOND ACT" SUBSTITUTION WITH "2002 RESOURCES BOND
ACT."All references in Original Agreement to "State Park Bond Act" shall be substituted with "2002 Resources
Bond
Act."1 of
City of Orange
Grijalva Park Phase II, Sports Center/Gymnasium
Agreement No. 003-
036 4. OTHER PROVISIONS, TERMS AND
CONDITIONS,All other provisions, terms and conditions of Ihe Original AgreemenJ shall remain unchanged and in full force
and
effect.
III
II/IN WITNESS WHEREOF, each party herelo has executed this AGREEMENT by a duly authorized
representative as of the date set forth
above.COUNTY F ORANGE, a subdivision ofthe
Stale
ofCali~DATE: /0-12 -
bi BY:APPROVED AS
TO FORM:BENJAMIN P.
deMA YO
COUNTY COUNSEL ORANGE
COUNTY, CALIFORNIA DATE:BY:rrayyvl- A. Nl.'
1 k Thomas
Miller, Deputy ATIEST:CITY OF ORANGE, a
municipal corporation
DATE:BY:
DATE:BY:MARK
A.
MURP Mayor
City Clerk
DATE: