TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director
1. Subject
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First Amendment to Development Agreement No. 0010-24 with OC Reclamation LLC to update the zoning change resale provision of the agreement.
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2. Summary
This amendment to Development Agreement 0010-24 removes the provision that gives OC Reclamation LLC the right to purchase the dedicated property for $1.00 in the event the City rezones the property to anything other than “Open Space” or similar.
3. Recommended Action
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Approve the amendment to Development Agreement No. 0010-24 with OC Reclamation LLC; and authorize the Mayor and City Clerk to execute on behalf of the City.
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4. Fiscal Impact
None.
5. Strategic Plan Goals
Goal 3: Enhance public communication strategy and quality of life.
6. Discussion and Background
In September 2024, the City Council approved a Development Agreement (“DA”) between the City of Orange and OC Reclamation LLC. The agreement authorized expanded business activities at an existing nursery and included the dedication of the naturalized former “Chandler Pit” sand and gravel pit to the City as permanent open space.
OC Reclamation LLC has requested an amendment to the DA. The amendment would remove a previously negotiated provision that granted OC Reclamation LLC an unconditional and irrevocable right to repurchase the dedicated open-space property for $1.00 if the City were to change the zoning of the property in the future. OC Reclamation LLC now wishes to eliminate this clause in its entirety. Staff recommends approval of the amendment.
7. ATTACHMENTS
• First Amendment to Development Agreement No. 0010-24