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<br />These decisions are based upon the evidence submitted at the abovesaid <br />hearing, which includes but not is not limited to: the Request for Council Action dated <br />April 4, 2005 and exhibits attached thereto; and the public testimony written and oral, all <br />of which are incorporated herein by this reference. <br /> <br />Section 5. The City Council has read and considered Resolution No. CRA <br />2005~OO1 of the City of Santa Ana Community Redevelopment Agency, which is <br />incorporated herein by this reference. Pursuant to Health & Safety Code section 33445, <br />the City Cpl.Incil hereby con$ents to the construction .and installgtion project described in <br />this Resolution and thEJ uSe of AgEJncy prqject I>pecific tax increment, in an amqunt not <br />to exceed $5 million to pay for. $aid project. The City Council. authOrizEJs thl'i City <br />Manager anØ Clerk to. eXl'içute the. COopl'irative Agreement for Offsite Improvements <br />upon approval, if any, of the proposed Nexus project. The City Council finds that: <br /> <br />A. <br /> <br />Thl'i Community Redevelopml'ipt Agency of the City of Santa Ana <br />(herein"fter referred t9 as thI'J"Agençy") is engaged in activities necessary <br />to execute. and implement the . Redevelopment Plan for the South Main <br />Redevelopment Project Area (the Redevelopment Plan"). <br /> <br />B. <br /> <br />In order to irpplernl'il1t the Redevelopment Plan, the Agency has agreed, <br />subject to the approval of the City Council, to contingently approve a <br />Cooperative Agreement for Offsite Improvements between itself, the City <br />of S"nta Al1a, Sandpointe Neighþprhood ASsocigtion, Inc., 9 California, <br />non-profit Public Þenefit anq feqeral5Q1 (c)(3) cOrpOrgtiol1 ("$gnqpoil1te"), <br />thl'i Nexl.lS DevelPPrnent Cprpo(gtion/Cl'intrgl Division,. .Inc. 9 C;glifomig <br />corporgtion ¡;¡nd The Qranq Plan 2, LLC;, a Califomia Lill1iteq Liability <br />Compgny (collectively referred to. herl'iin as "Nexu::;"), andCog::;tgl Rim <br />Prppertil'iS, Inc.. a California corporation ("Geneva Commons") (hereafter <br />"the Agreement"). <br /> <br />C. <br /> <br />The Agreement contains all of the provisions, terms, conditions and <br />obligations required by the state and local laws. <br /> <br />D. <br /> <br />The Agreement provides, that if the Nexus and Geneva Commons <br />projects receive all discretionary approvals from the City Council, that the <br />Agency will commit up to $5 million in project specific tax increment to <br />construct underground utilitiel> on. portions of Main Street, MacArthur <br />Boulevard, and Sunflower Avl'inue (hl'ireinafter "the undergrounding <br />project"). If no event, however, will the Agency be obliged to spend more <br />than the $5 million in undergrounding on these three street segments. <br /> <br />E. <br /> <br />Portions of the undergroundingprojectare not. within a Project Area, but <br />the existing above.ground utility IIpl'is are visible from the South Main <br />Project Area gnd constitute a blighted condition. The City Coyncil further <br />finds th¡;¡t the undergrpundipg projecfis pf þenefitto the project area <br />and/or the immediate neighborhood in which the project is located. <br /> <br />Resolutíon2005-Q40 <br />Page 20 òf 61 <br />