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RES-9728 Cooperation & Reimbursement Agreement For Public Improvement ConstructionRESOLUTION NO. 9728 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING RESOLUTION NO. 9702 AND RATIFYING THE EXECUTION OF A COOPERATION AND REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF ORANGE AND THE ORANGE REDEVELOPMENT AGENCY FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS WIDENING OF WEST CHAPMAN AVENUE BETWEEN THE ORANGE FREEWAY (SR57) AND MAIN STREET WHEREAS, on February 25,2003, this City Council adopted Resolution No. 9702 (the Prior Resolution) approving the execution and delivery of that certain, Cooperation and Reimbursement Agreement, By and Between the City of Orange and the Orange Redevelopment Agency for the Construction of Public Improvements of Benefit to the Orange Merged and Amended Redevelopment Project Area (West Chapman Avenue Widening) hen:in referred to as the, Agreement) and making certain findings in connection therewith; and WHEREAS, while the Agreement and the agenda report presented to the City Council in support of the recommendation that the City Council approve the Agreement authorized the Orange Redevelopment Agency (the Agency) to reimburse the City of Orange for the Agency's share of the costs of the Public Improvements (as defined in the Agreement) in the not- to-exc(:ed amount of $821,036.88, the City Manager has determined that the Prior Resolution is not consistent with the intent of the City Council and contains a mistake in that it identifies a diff<:rent not-to- exceed amount; and WHEREAS, this City Council now desires to correct the mistake set forth in the Prior Resolution and to ratify the execution and delivery of the Agreement.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY RESOLVE AS FOLLOWS:Section 1. Amendment of Prior Resolution. Resolution No. 9702 is hereby amended to provide that the not-to-exceed amount set forth in that Prior Resolution ( i.e., the amount that the Agency will reimburse the City for the Agency's share of the costs of the Public Improvements) shall be as set forth in the Agreement; to wit, the sum of$821,036.88.Section 2. Ratification of Prior Resolution. The provisions of the Prior Resolution,except to the extent inconsistent with the provisions of this Resolution, Sectlion 3. Ratification of Execution of Agreement. The execution of the Agreement by the Mayor, and the attestation of the Mayor's signature by the City Clerk, for and on behalf of the City, are hereby ratified. ADOPTED this 13th day of May, 2003. ju;) / Mark A Murphy, May , ATTEST: f3t4.1AAj~ ~...:rAA ~d:-Cassandra J. Catli , City Clerk, City of Orange I, CASSANDRA J. CATHCART, 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 13th day of May, 2003, by the following vote:AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None Cassandra J. Cath ,City Clerk, City of Orange 2