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95-063 RESOLUTION NO. 95R-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND AMONG THE CITY OF ANAHEIM, THE ANAHEIM REDEVELOPMENT AGENCY AND TRW-REDI PROPERTY DATA WHEREAS, in order to carry out and implement the City of Anaheim's (City) economic development objectives and the Redevelopment Plan for Redevelopment Project Alpha, the City, the Anaheim Redevelopment Agency (Agency) and TRW-REDI Property Data, an Ohio general partnership (Participant), propose to enter into an Owner Participation Agreement (OPA), which OPA among other things provides that the City will assist the Participant in providing electric service at rates designed to provide incentives for economic development and to provide enhanced service reliability to Participant's facility, to be located on that certain real property located at 5601 East La Palma Avenue in the City (Site), and the Participant will employ a certain number of personnel at the Site and operate a data center and business offices thereon (Facility); and WHEREAS, the Participant has entered into an agreement to lease the Site; and WHEREAS, the Participant is an important customer of the City's Public Utilities Department whose Facility requires enhanced service reliability and which provides an opportunity for demonstrating innovative technologies; and WHEREAS, the City Council has duly considered all terms and conditions of the proposed OPA and believes that the provision of such rates for electric service and new tenant improvements to the Site and operation of the Facility pursuant to the OPA is in the best interests of the City and the Agency and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES RESOLVE AS FOLLOWS: Section 1. The city Council hereby finds and determines that the proposed project pursuant to the OPA is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines, which exempts the operation, repair, maintenance or minor alteration of existing public or private structures and facilities, involving negligible or no expansion of use beyond that previously existing, including minor interior or exterior alterations, and minor additions to existing structures. Section 2. The OPA is hereby approved. The city Manager is hereby authorized to execute the OPA on behalf of the City. A fully executed counterpart of the OPA shall be placed and retained on file in the office of the City Clerk. Section 3. The City Manager (or his designee) is hereby authorized, on behalf of the City, to execute all documents, and take all actions, reasonably necessary and appropriate to carry out and implement the OPA and to administer the City's obligations, responsibilities and duties to be performed under the OPA. PASSED, APPROVED AND ADOPTED, this 2nd day of May, 1995. CITY OF ANAHEIM B~ayo/o~f th~e Cit~Ana~he. j ATTEST: ~.City Clerk of the of Anaheim 11740.1\LMOSES\Apr~ [ 26, 1995 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 95R-63 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 2rid day of May, 1995, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 95R-63 on the 2rid day of May, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2rid day of May, 1995. ASSISTANT CITY CLERK O~F ANAHEIM (SEAL) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 95R-63 duly passed and adopted by the City Council of the City of Anaheim on May 2, 1995. CLERKO ASSISTANT CITY F ANAHEIM