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RES-ORA-0441 Cooperation Agreement On Demolition of Certain BuildingsRESOLUTION NO. ORA- 0441 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE REDEVELOPMENT AGENCY APPROVING A COOPERATION AGREEMENT WITH THE CITY OF ORANGE RELATING TO THE DEMOLITION OF CERTAIN BUILDINGS ON PROPERTY LOCATED AT 164 AND 170 SOUTH WATER STREET, AND RELATED WORK.WHEREAS, the City Council of the City of Orange, acting pursuant to the provisions of the Community Redevelopment Law of the State of California (Health & Safety Code Section 33000 et seq.; herein referred to as the Law), has activated the Orange Redevelopment Agency, a public body, corporate and politic (the Agency), and declared itself to constitute the Agency; and WHEREAS, pursuant to the Law, the Agency is carrying out the Redevelopment Plan for the Orange Merged and Amended Redevelopment Project Area (the Redevelopment Project); and WHEREAS, the Agency owns certain real property, including six (6) buildings,parking areas, landscaping and other permanent improvements, commonly known as 164 and 170 South Water Street in the City of Orange (the Agency Property), which Agency Property was formerly owned and used by the Orange County Fire Authority for, among other things; a fire station personnel training center, a communications center, offices and a warehouse; and WHEREAS, the Agency Property is located within the Agency"s Orange Merged and Amended Redevelopment Project Area (the Redevelopment Project); and WHEREAS, the City owns certain real property located across South Water Street from the Agency's Property, generally consisting of ten (10) buildings, parking areas,landscaping and other permanent improvements and commonly known as 105, 125 and 145 South Water Street (the City Property), which City Property was formerly owned and used by the Orange County Fire Authority for, among other things, vehicle/equipment repair and storage facilities, offices, warehouse and offices; and WHEREAS, the Agency desires to demolish four of the six buildings on the Agency Property for health and safety reasons pending its redevelopment; and WHEREAS, the City desires to demolish six of the ten buildings on the City Property for health and safety reasons pending the preparation of plans to redevelop a portion of the City Property as a fire station and the balance thereof for the expansion of the City's Water Division facilities; WHEREAS, the City is willing to cooperate with the Agency by contracting for demolition of the aforementioned buildings on the Agency Property and related work in conjunction with similar work to be performed by the City on the City Property, after competitive bidding, upon the condition that the Agency reimburse or pay the City for the Agency's proportionate share ofthe cost thereof; and WHEREAS, the City Council acknowledges that undertaking the desired demolition work for both the Agency Property and the City Property at the same time may be more cost- effective than if the City and the Agency were to separately undertake said work after competitive bidding; and WHEREAS, Section 33220 of the Community Redevelopment Law authorizes any public body, including the City, to aid, assist and cooperate in the planning, undertaking, construction and operation of redevelopment projects by, among other things, entering into agreements with the Agency respecting action to be taken pursuant to any of the powers granted to the Agency by the California Community Redevelopment Law; and WHEREAS, among the powers granted to the Agency by the Community Redevelopment Law is the power to demolish structures for the purpose of implementing the Redevelopment Plan for the Redevelopment Project; and WHEREAS, the City desires to conduct the demolition of certain buildings and improvements on the City Property and the Agency Property, in accordance with specifications prepared therefor by the City and more particularly described in the bid package for Bid Number 045-20 (Special Project 3502) prepared by the City and circulated to bid proposers,which bid package is on file as a public record in the Office of the City Clerk and is incorporated herein by this reference (herein referred to as the Project) ; and WHEREAS, in furtherance of the Redevelopment Project, the Agency and the City desire to enter into a Cooperation Agreement in the form presented at this meeting ( the Cooperation Agreement), pursuant to which the City wilI cause the Project to be performed and completed, and the Agency wilI pay the City for its proportionate share of the costs of the Project, as more particularly set forth in the Cooperation Agreement between the City and the Agency; and WHEREAS, as the lead agency under the California Environmental Quality Act CEQA"), the City Council has previously determined that the Project is within that class of projects which consists of a minor alteration of existing public structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing and that, therefore, pursuant to Section 15301 of the State CEQA Guidelines,the construction of the Project wilI not cause a significant effect on the environment and is,therefore, categorically exempt from the provisions of CEQA; and ORA-0441 WHEREAS, the Board of Directors of the Agency has duly considered all of the terms and conditions of the proposed Cooperation Agreement and believes that the Cooperation Agreement is in the best interests of the Agency and the health, safety, morals and welfare of the residents of the City, and in accord with the public purposes and provisions of the Law or any other applicable State and local law and requirements; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Orange Redevelopment Agency as follows: Section 1.The foregoing recitals are true and correct. Section 2. The Board of Directors hereby consents to the undertaking of the Project in accordance with the Cooperation Agreement. Section 3. The Board of Directors hereby finds and determines that the terms and provisions of the Cooperation Agreement between the City and the Agency, in the form as submitted by the Executive Director of the Agency, are approved and that the Chairman is authorized to execute, and the Agency Clerk to attest, the Cooperation Agreement on behalf of the Agency. Section 4. 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 Cooperation Agreement are ratified and approved. ADOPTED this 14th day of December, 2004. ItfN Mark A. Murphy, Chairman ORA-0441 3 ATTEST: rb;--(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 14th day of December, 2004, by the following vote:AYES: NOES: ABSENT: ABSTAIN: DIRECTORS: Smith, Ambriz, Murphy, Cavecche, Dumitru DIRECTORS: None DIRECTORS: None DIRECTORS: None M~~~ ORA- 0441 4 TJR