1986-0107_CAPISTRANO UNIFIED SCHOOL DISTRICT_Amd & Rstd Ag for Cooperation1.
AND RESTATED AGREEMENT FOR
THE CAPISTRANO UNIFIED SCH,
OF SAN JUAN CAPISTRANO
"Agency Copy"
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OPERATION
PARTIES AND DATE
1.1 This Amended and Restated Agreement is entered into
this 7th day of January , 1986 by and between the
CAPISTRANO UNIFIED SCHOOL DISTRICT, a public agency ("District"),
and the SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY
("Agency") and the CITY OF SAN JUAN CAPISTRANO, a Municipal Cor-
poration ("City"), and amends and restates that certain AGREEMENT
FOR COOPERATION BETWEEN THE CAPISTRANO UNIFIED SCHOOL DISTRICT
AND THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY dated
March 5, 1985.
2. RECITALS
2.1 The City of San Juan Capistrano has adopted Ordinance
No. 488 on July 12, 1983, as amended by Ordinance No. 509 adopted
on May 15, 1984, and as amended by Ordinance No. 547 adopted on
July 16, 1985, which ordinances approve the San Juan Capistrano
Central Redevelopment Project ("Redevelopment Plan") and estab-
lishes the San Juan Capistrano Central Project Area ("Area") pur-
suant to the California Community Redevelopment Law (Health and
Safety Code Section 33000 et seq.) for the redevelopment, replan-
ning and redesigning of certain blighted areas within the City of
San Juan Capistrano which require redevelopment in the interest
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of health, safety, and general welfare of the City of San Juan
Capistrano.
2.2 District on the one hand and Agency and City, on the
other hand, wish to enter into this Amended and Restated Agree-
ment for Cooperation between themselves to provide mutual aid and
assistance in the redevelopment of certain areas of the City
through the acquisition, relocation, and construction of public
school facilities and other public facilities. More
specifically, and subject to the conditions described
hereinafter, Agency, City and District wish to cooperate in con-
nection with the following redevelopment activities.
(a) Redevelopment of portions of San Juan School cur-
rently owned by the District (hereinafter "Commercial Portion of
the San Juan School Site") in conjunction with the public right
of way immediately south of the San Juan School site identified
as "Spring Street", and with that certain parcel immediately
south of the Spring Street right-of-way (hereinafter "Parcel 1"),
all as shown on Exhibit "A" attached hereto and incorporated
herein by reference (collectively referred to herein as the
"Commercial Site"), as a single unified commercial development
similar to the commercial development provided for in the pre-
viously approved Downtown Master Plan, which redevelopment would
include a reorientation of those portions of San Juan School to
remain in school use from Spring Street toward Buchheim Field,
including construction of new buildings replacing the
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kindergarten and the child care center located on the Commercial
Portion of the San Juan School Site.
(b) The conveyance to the Agency of Buchheim Field and
portions of San Juan School (hereinafter "Recreational Portion of
San Juan School Site") (the legal description of Buchheim Field
is attached hereto as Exhibit "B" and the general identification
of the Recreational Portion of San Juan School Site is attached
hereto as Exhibit "C"); the relocation of the District's Regional
Occupation Program ("R.O.P.") located at Buchheim Field to a per-
manent site provided, however, District shall have the right to
approve any such site and no relocation may occur until the
District's approval has been first obtained; and the use of Buch-
heim Field and the Recreational Portion of San Juan School for
joint recreation and physical education uses by the City and the
District.
(c) Conveyance of a portion of the Capistrano Elemen-
tary School Site (legal description attached hereto as Exhibit
"D" [intent to include area nearest library and tennis court,
designated Parcel A]) to Agency, said site to be conveyed by
Agency to the City for the construction of a City Hall and
suitable parking.
(d) Conveyance of that remaining portion of the
Capistrano Elementary site (legal description attached hereto as
Exhibit "D" [intent to include area now utilized for existing
District activities, including field, designated Parcel B]) to
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Agency with a lease -back of the site to the District; the ul-
timate relocation of existing adult education and continuation
school facilities to a permanent site to be acquired by Agency
for District; development upon said portion the Capistrano
Elementary School site by Agency of public facilities which may
include a performing arts center, museum, fine arts facilities,
data processing center, and/or other public or quasi -public uses,
unless otherwise mutually agreed.
(e) The financing and construction by Agency of a Dis-
trict owned Sports Center consisting of a standard size gymnasium
for a student body enrollment of 2,000 and a minimum 50 meter
competition size swimming pool at Capistrano Valley High School
("C.V.H.S.").
2.3 District, Agency, and City recognize the need to
provide adequate public school facilities and other public serv-
ices and amenities, as described hereinafter, to serve the
Project Area. District, Agency, and City have determined that
such facilities are a benefit to the Project Area and that there
are no other reasonable means of financing the construction of
such public school facilities and other public facilities.
Accordingly, it is the purpose of this Agreement to create a
cooperative relationship among the Agency and City and District
to provide for the implementation of projects which are a mutual
benefit to Agency, City and District and the community at large
by utilizing the combined resources of the Agency and the
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District to carry out the goals of the Redevelopment Plan and of
the District.
NOW, THEREFORE, in consideration of the foregoing and the
mutual promises and covenants contained herein, the parties
hereto agree as follows:
3. SAN JUAN SCHOOL
3.1 The District shall cooperate with the Agency to promote
the development of the Commercial Site as a single unified, high
intensity commercial development. To this end, District shall:
(a) Permit the Commercial Portion of the San Juan
School Site to be included within the redevelopment plans for the
Commercial Site;
(b) Assist the Agency in securing a developer for the
redevelopment of the Commercial Site;
(c) Support all applicable provisions of the City's
general planning and design constraints in connection with
redevelopment proposals;
(d) Authorize City, Agency and/or developer to file
necessary and appropriate applications for land use approval in
connection with those portions of the San Juan School Site which
are included in the Commercial Site;
(e) Assist City, Agency and/or participating
developers with appraisals, legal descriptions of property,
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prospectus, site access, surveys, soils tests, and related
predevelopment activities in connection with the Commercial Site;
(f) Share equally any costs associated with the above
redevelopment activities not otherwise paid for by participating
developers, provided that both parties mutually consent to incur-
ring such costs. Agency and District may each recover its share
of any costs mutually agreed upon from Fund No. 2, as such Fund
No. 2 is hereinafter described;
(g) Convey the Commercial Portions of the San Juan
School Site to Agency in accordance with Section 3.6 hereof.
3.2 Agency will promote and encourage proposals for the
redevelopment of the Commercial Site and, in the event a proposal
is approved by the District and Agency, enter into a Redevelop-
ment Agreement pursuant to which the Developer will acquire
Spring Street, the Commercial Portion of the San Juan School Site
from the Agency and title to Parcel 1; provided, however, Agency
shall not be required to compel the improvement of Parcel 1
without the consent and cooperation of the owner of Parcel 1.
3.3 Agency shall prepare a master plan of development
(hereinafter "Master Plan of Development") which shall establish
standards, guidelines, the general development scheme, and inter-
relationship among the following projects:
(a) The Commercial Site;
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(b) The reorientation of San Juan School from Spring
Street toward Buchheim Field and the necessary refurbishment
thereof, including construction of new buildings to replace
the kindergarten and child care center buildings located on the
Commercial Portion of the San Juan School Site, as may be
mutually agreed upon by the parties hereto;
(c) The redevelopment of Buchheim Field and the
Recreational Portion of San Juan School Site (Little League
fields) to be included in a recreational and physical education
facility to serve the City and the District as may be mutually
agreed upon by the parties hereto.
3.4 District shall cooperate with and provide assistance to
the Agency in developing a Master Plan of Development and shall
have the right to review and approval of any Master Plan of
Development, which approval shall not be unreasonably withheld,
provided that the master Plan of Development and the standards
and guidelines contained therein provide for the redevelopment of
the Recreational Portion of the San Juan School Site, Buchheim
Field, and the Commercial Site in a manner generally consistent
with the terms of this Agreement.
3.5 The District shall have the right to review and ap-
proval of any proposed Disposition and Development and/or Owner
Participation Agreement ("Redevelopment Agreement") between the
Agency and a developer in connection with the redevelopment of
the Commercial Site, the reorientation of the Recreational
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Portion of San Juan School Site toward Buchheim Field, and/or
the redevelopment of Buchheim Field and other portions of San
Juan School as community recreational facilities, which approval
shall not be unreasonably withheld, provided that any such
Redevelopment Agreement provides for redevelopment in a manner
generally consistent with the terms of this Agreement and the
Master Plan of Development.
3.6 At the request of the Agency, but no later than ten
(10) years after execution of this Agreement, District shall
declare as surplus property, and convey the Commercial Portion of
the San Juan School Site (legal description of which shall be
determined in conjunction with and as part of the Master Plan of
Development) to Agency, provided that Agency is then in a posi-
tion to concurrently convey the Commercial Portion of the San
Juan School Site to a Developer pursuant to an approved
Redevelopment Agreement, and which agreement permits the District
to meet the requirements of Education Code Section 39500. The
proceeds of such sale to a Developer shall be placed in a special
interest-bearing fund entitled, "Capistrano Unified School Dis-
trict San Juan Capistrano Community Redevelopment Agency Capital
Improvement Fund No. 1" (hereinafter "Fund No. 1"), to be ad-
ministered by the Agency.
3.7 Precedent to or in conjunction with the conveyance of
the Commercial Portion of the San Juan School Site to Agency,
Agency shall have acquired Spring Street from the City and shall
convey same to Developer pursuant to the Redevelopment Agreement
for the redevelopment of the Commercial Site. The proceeds of
said sale to Developer shall be placed in Fund No. 1.
3.8 Those portions of the San Juan School Site not conveyed
to Agency for redevelopment pursuant to Section 3.6 of this
Agreement and the Recreational Portion of the San Juan School
Site to be redeveloped as City and District recreational and
physical education facilities in conjunction with Buchheim Field
shall be refurbished and reoriented away from Spring Street and
toward Buchheim Field at no expense to the District, in accord-
ance with the Master Plan of Development prior to or in conjunc-
tion with the commercial development of the Commercial Site.
3.9 The interest earned on the funds deposited in said Fund
No. 1 and any principal unless previously pledged as hereinafter
provided, shall be expended for the benefit of District, upon
request by the District, in accordance with this Agreement.
Agency may incur debt to finance its obligations pursuant to this
Section 3 and pledge interest earned on the funds deposited in
Fund No. 1 as a source of repayment of such debt and pledge the
principal thereof as collateral. Should the interest from the
proceeds of sale deposited in Fund No. 1 be insufficient to
finance its obligations pursuant to this Section 3, Agency shall
provide any additional funds necessary to meet its obligations.
All work shall be done and improvements made and completed in
compliance with all federal, state, and local requirements. The
District shall approve all plans and specifications for any
projects to be undertaken hereunder, which projects the School
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District will utilize to fulfill its educational
responsibilities.
3.10 Should Agency fail to develop a Master Plan of Develop-
ment (as provided by Section 3.3) within five (5) years of execu-
tion of this Agreement or fail to request conveyance of the Com-
mercial Portion of the San Juan School Site within the time
period and under conditions specified in Section 3.6, the Dis-
trict at its sole discretion, may, upon written notice, terminate
this Agreement with respect to the San Juan School Site and
neither party shall have any rights or obligations with regard to
this Section 3.
4. BOCBBEIM FIELD
4.1 Following completion of the Master Plan of Development,
as provided for by Section 3.3 of this Agreement and approval of
same by District, but in no case later than ten (10) years after
execution of this Agreement, the District shall at the Agency's
request convey title to Buchheim Field and the Recreational Por-
tion of the San Juan School Site to be developed for recreational
purposes, free and clear of all liens and encumbrances excepting
a power of termination on conditions as described in Section 4.7,
the exact boundaries and legal description of which shall be
determined in conjunction with and as part of the Master Plan of
Development.
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4.2 Upon conveyance of title to the Agency, the Agency
shall undertake redevelopment of all or portions of Buchheim
Field and the Recreational Portion of the San Juan School Site,
in accordance with the Master Plan of Development prior to or in
conjunction with the commercial development of the Commercial
Site and the reorientation of San Juan School toward Buchheim
Field.
4.3 Any redevelopment activities undertaken by the Agency
on Buchheim Field and those portions of the Recreational Portion
of the San Juan School Site to be redeveloped for recreational
purposes shall meet the following requirements:
(a) The District and other appropriate agencies shall
approve all plans and specifications;
(b) Schedule or work shall be developed and approved
by the District to assure minimum disruption to the educational
responsibilities of the District and to the activities of San
Juan School.
4.4 Subsequent to conveyance of the title in accordance
with Section 4.1, the District shall have the right to control
and approve of activities on Buchheim Field and the Recreational
Portion of the San Juan Site during school hours.
4.5 Agency may undertake redevelopment of parts of Buchheim
Field without relocating the R.O.P. provided such development ac-
tivities do not interfere with the activities of the R.O.P.;
however, by no later than twelve (12) years of execution of this
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Agreement Agency shall convey to District a permanent site free
and clear of all liens and encumbrances of not less than five (5)
acres approved by District and relocate the R.O.P. buildings and
parking to that site, the expenses of which shall be the obliga-
tion of the Agency, in conformance with the provisions of Section
2.2(b).
4.6 Should Agency fail to develop a Master Plan of Develop-
ment (as provided by Section 3.3) within five (5) years of execu-
tion of this Agreement, or fail to request conveyance of Buchheim
Field and the Recreational Portion of San Juan School Site within
the time period specified in Section 4.1, District may at its
sole discretion upon written notice terminate this Agreement with
respect to Buchheim Field and the recreational portion of the San
Juan School Site and neither party shall have any right or
obligations with regard to this Section 3.
4.7 Should Agency fail to convey to District a permanent
site for the R.O.P. and relocate the R.O.P. as specified in Sec-
tion 4.5 within the period therein specified, the District may at
its sole discretion upon written notice terminate this Agreement
with respect to Buchheim Field and the recreational portion of
the San Juan School Site and title to that property, along with
all improvements, conveyed pursuant to Section 4.1 shall be sub-
jected to the power of termination held by the District neither
party shall have any rights or obligations with regard to this
Section 4.
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5. CAPISTRANO ELEMENTARY SCHOOL SITE
5.1 Following the execution of this Agreement:
(a) The Agency and/or City may commence master plan-
ning all or portions of the Capistrano Elementary School Site for
City Hall, museum, cultural center and/or public institutional
uses including adequate parking in that portion of the site
described in Section 5.1(b).
(b) The Agency shall simultaneously request title to
both portions of the Capistrano Elementary School Site designated
in Section 2.2(c) and Section 2.2(d) within six (6) months fol-
lowing approval of the State Agency described in subparagraph (c)
hereof;
(c) The District shall, upon the Agency's request,
forthwith subject to State Agency approval convey title to said
portions of the Capistrano Elementary School Site described in
Section 5.1(b) free and clear of all liens and encumbrances, ex-
cepting powers of termination held by the District on conditions
as described in Sections 5.8-5.10 provided however in the event
District fails to receive State agency approval or is otherwise
legally prohibited from conveying the Capistrano Elementary
School Site to Agency this Agreement with respect to that Site
shall be terminated and neither party shall have any rights or
obligations with regard to this Section 5.
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5.2 Upon conveyance of titles to the Agency:
(a) The Agency shall lease to the District for One
Dollar ($1.00) per year Parcel B designated in Section 2.2(d) for
the purpose of the District continuing its adult
education/continuation school and other functions. The District
shall have sole discretion in determining use of the leased
property in conjunction with the educational program but said use
shall be compatible with Agency/City use of Parcel A as described
in Exhibit "D." The Agency shall maintain the exterior of all
permanent structures and grounds of the leased premises and the
District shall maintain the interior of such structures and pay
for all utilities. The lease of Parcel B shall continue in ef-
fect until such time but not to exceed twelve (12) years as the
adult education/ continuation school, and other functions can be
relocated to a permanent site as otherwise provided by this
Agreement.
(b) The Agency/City may forthwith cause the construc-
tion of a City Hall upon the Capistrano Elementary School site
within Parcel A described in Exhibit "D"; however, under no
circumstances may construction commence on a City Hall without
simultaneous commencement of construction on the gymnasium
described in Section 5.4(a).
5.3 Agency shall construct or cause the construction of
the "Sports Center" at Capistrano Valley High School, said
"Sports Center" to be owned by District. Upon completion of the
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Sports Center, the City, if it so requests, shall be offered
priority use after the needs of the District are met.
5.4 Construction of the Sports Center may be accomplished
in two phases.
(a) Phase I shall consist of a gymnasium of sufficient
size to accommodate a student population of 2,000. Agency shall
commence plans for the gymnasium as soon as State Agency approval
for the conveyance has been achieved and shall proceed forthwith
with construction following approval of the plans by the District
and the State. Such construction shall start no later than three
(3) years after State Agency approval for the conveyance of the
Capistrano Elementary School Sites described in Section 5.1(b).
(b) Phase II shall consist of a fifty (50) meter com-
petition swimming pool, construction of which shall commence, and
thereafter proceed forthwith, not later than the tenth year fol-
lowing conveyance of title to the Capistrano Elementary School
Sites from the District to the Agency; however, under no cir-
cumstances may construction commence on Parcel B, Exhibit D,
without simultaneous commencement of construction of the swimming
pool.
5.5 The Agency shall utilize the Capistrano Elementary
School Sites (Exhibit D, Parcels A and B) for public and quasi -
public uses. While any public or quasi -public use may be per-
mitted at the discretion of the Agency, the Agency shall give
preference to the following uses: Parcel A, City Hall; Parcel B,
performing arts center, museum, cultural center; and/or community
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exhibit and conference facilities as well as other uses which the
Agency determines to be compatible and/or necessary to support
the preferenced public uses established on the site. The Agency
may condition any joint use rights on agreements to participate
financially in the development and/or maintenance of any
facilities on the site.
5.6 Prior to any new development on the Capistrano Elemen-
tary School Sites, (Exhibit D, Parcels A and B), and no later
than five (5) years after execution of this Agreement, the Agency
shall prepare a master plan for the site (hereinafter "C.E.S.
Master Plan") including a study to fully explore potential for
uses herein identified as preferred. The District shall have a
representative participating in that study and master plan. Such
study shall include the feasibility of renovating existing
structures on the site, the adaptability of existing structures
for the uses permitted and contemplated by the C.E.S. Master
Plan, and a cost benefit analysis of the proposed uses. In
addition, the study shall consider the ability of the site to ac-
commodate the construction of new facilities. In this regard,
the siting of a performing arts center shall be given preference.
In the event it is determined from the study by both the Agency
and the District that a performing arts center is detrimental or
otherwise inappropriate to the proper development of the site,
the Agency and the District mutually pledge to use their best ef-
forts to locate and secure an alternative site for a performing
arts center, irrespective of the location of a performing arts
M
center, the Agency and the District mutually pledge their best
effort to secure suitable financing for the construction of the
facility. The District may utilize Fund No. 1, Fund No. 2 and/or
any other revenue or funding source available to the District to
undertake this task and/or participate in the actual construction
of the facility itself. The Agency may pledge tax increment or
utilize other funding and revenue sources available to the Agency
to undertake this task and/or to participate in the construction
of the facility itself. Further, and not as a limitation
thereon, the Agency and the District may exercise joint powers
authority, establish non-profit corporations, or enter into other
similar arrangements as may be mutually agreed upon.
5.7 Prior to implementation of the C.E.S. Master Plan as to
Parcel B, Agency shall convey to District a new site of acreage
free and clear of all liens and encumbrances equal to that which
is conveyed by District (includes Parcels A and B and Library
site, Exhibit D), said site to have completed comparable
facilities for District's then existing activities, provided
however, District shall have the right to approve any such site
and facilities and no relocation may occur until the District's
approval has been first obtained. Equal acreage shall be defined
as not less than 9.5 acres and comparable facilities shall be
defined as a minimum of 24,900 square feet, suitable for student
educational purposes.
5.8 Should Agency or City fail to commence and proceed
forthwith construction of the gymnasium within the three (3) year
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period described in Section 5.4(a), title to Parcels A and B,
Exhibit "D" shall be subjected to the power of termination held
by the District, and the District may at its sole discretion,
upon written notice terminate the provisions of this Agreement
with respect to the Capistrano Elementary School Site and neither
party shall have any right or obligation with regard to this Sec-
tion 5.
5.9 Should Agency or City fail to commence and proceed
forthwith construction of the swimming pool within the ten (10)
year period described in Section 5.4(b), title to Parcel B, Ex-
hibit "D", shall be subjected to the power of termination held by
the District, and the District may, at its sole discretion upon
written notice terminate the provisions of this Agreement with
respect to Parcel B. In the event Agency or City fail to meet
the above condition for construction of the swimming pool, the
City shall be obligated to convey to the District a 2.5 acre site
free and clear of all liens and encumbrances, provided, however,
the District shall have the right to approve any such site.
Thereafter, neither party shall have any right or obligation with
regard to this Section 5.
5.10 Agency shall convey to District a new site as described
in Section 5.7 within twelve (12) years of the execution of this
Agreement or title to Parcel B, Exhibit "D", shall be subjected
to the power of termination held by the District, and the Dis-
trict may, at its sole discretion, upon written notice terminate
the provisions of this Agreement with respect to Parcel B and
F[
neither party shall have any right or obligation with regard to
this Section 5.
5.11 Upon completion of all conditions and duties herein by
Agency or City, i.e., completion of the Sports Center described
in Sections 5.3 and 5.4, and conveyance of a new site of equal
acreage and completion of new facilities of square footage com-
parable to the Capistrano School as described in Section 5.7,
District shall convey the Library Site, Exhibit D, to Agency,
free and clear of all liens and encumbrances.
6. CAPISTRANO UNIFIED SCHOOL DISTRICT SAN JUAN CAPISTRANO COM-
MUNITY REDEVELOPMENT AGENCY CAPITAL IMPROVEMENT FUNDS
6.1 Capistrano Unified School District San Juan Capistrano
Community Redevelopment Agency Capital Improvement Fund Nos. 1
and 2 ("Fund No. 1" and "Fund No. 2") are hereby established.
Said funds are to be administered by the Agency and to be util-
ized for the purposes of this Agreement. The following monies
shall be deposited therein:
(a) Fund No. 1:
(i) The proceeds of the sale, if any, of the Com-
mercial Portion of the San Juan School Site
by the Agency to a developer;
(ii) The proceeds of the sale, if any, of Spring
Street by the Agency to a developer.
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(b) Fund No. 2:
(i) Taxes attributable to the Commercial Portion
of the San Juan School Site and Spring Street,
which would have otherwise been levied upon said
school site and Spring Street after the effective
date of Ordinance No. 488 (hereinafter "Tax
Increment") and which are allocated to Agency pur-
suant to Health and Safety Code Section 33670(b)
shall be transferred by Agency, upon receipt, to
Fund No. 2 and shall be used when accumulated in
sufficient amount to pay the principal of and in-
terest on loans, money advanced to or indebtedness
(whether funded, refunded, assumed or otherwise)
incurred by the Agency to finance or refinance, in
whole or in part, the obligations of Agency
hereunder.
(ii) Taxes attributable to that area within the ter-
ritorial limits of the District which are coinci-
dent with the territorial limits of the Project
Area after the effective date of Ordinance No.
488, and which are allocated to the Agency pur-
suant to Health and Safety Code Section 33670(b),
which are in excess of Fifteen Million Dollars
($15,000,000) aggregated for any consecutive five
(5) year period (i.e., years 0-5, 6-10, 11-15,
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etc. as identified in the Redevelopment Plan)
(which excess is referred to hereinafter as
"extraordinary tax increment") shall be allocated
by Agency upon receipt to Fund No. 2 and shall be
used and accumulated in sufficient amount to pay
principal of and interest on loans, monies ad-
vanced to, or indebtedness, whether funded,
refunded, assumed or otherwise, incurred by Agency
to finance or refinance, in whole or in part, its
obligations hereunder; provided, however, that in
no event shall the District be entitled to more
than Five Million Dollars ($5,000,000) in such
consecutive five (5) year period.
The obligations of Agency with respect to Fund No.
2 shall be subordinated to funds provided to other
taxing agencies or pledged to other Agency in-
debtedness if and to the extent tax increment is
hereafter pledged or promised by Agency to such
taxing agencies or other obligees of Agency other
than City, except that no such pledge or promise
shall reduce the taxes allocated to Fund No. 2
below the amount which would otherwise have been
levied by or on behalf of the District after the
effective date of Ordinance No. 488 and which are
allocated to Agency pursuant to Health and Safety
Code Section 33670(b).
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6.2 Fund No. 1 (after its use in connection with Section 3
hereof or as may be otherwise consented to by the District) and
Fund No. 2, to the extent available, shall be utilized to pay all
or part of the value of the land for and the cost of the instal-
lation and construction of any building, facility structure or
other improvement ("Improvements") as set forth in Section 7
hereof and subject to the limitations of Section 9.1 hereof.
District shall annually submit to Agency a budget and a list of
priorities for the use of Funds Nos. 1 and 2, and, subject to the
limitations of Section 9.1, Agency shall expend the proceeds of
such funds in accordance with the budget and list of priorities
as may be approved by the Agency. Approval of District projects
and priorities shall not be unreasonably withheld. Once such
"Improvements" are approved by the Agency at a public hearing,
the District may, in its sole discretion, adjust priorities.
6.3 Fund No. 2 may be allocated for carrying out the pur-
poses listed in Section 7 except as may be otherwise provided
herein.
6.4 At such time as Agency's obligations hereunder have
been completed, said Capital Improvement Funds shall be ter-
minated and no further obligations between the Agency and
District shall thereafter exist. Upon termination, the
contents, if any of Fund No. 1, shall be transferred to District
to the extent permitted by law.
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7. REDEVELOPNENT PLAN CONSISTENCY
7.1 Agency and City have heretofore amended its Redevelop-
ment Plan to provide for the following:
(a) Identification or construction of the following
improvements:
(i) Acquisition and relocation of the San Juan
School Site;
(ii) Construction of the Sports Center at the
Capistrano Valley High School;
(iii) Relocation of the R.O.P.;
(iv) Acquisition of Buchheim Field;
(v) Construction of recreational facilities on
Buchheim Field or sites as may elsewhere be
determined;
(vi) Acquisition of the Capistrano Elementary
School Site and the relocation of the adult
education and continuation facilities located
thereof;
(vii) The rehabilitation, demolition, and/or the
construction of facilities on the Capistrano
Elementary School Site or sites as may be
elsewhere determined, to accommodate City
Hall performing arts, cultural, museum,
and/or other public and quasi -public uses and
purpose as provided herein;
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(viii) The construction of an instructional media
and data processing center;
(ix) Rehabilitation of existing schools which
benefit the project area;
(x) Addition of temporary and/or permanent class-
rooms and other facilities for schools which
benefit the Project Area.
District shall provide Agency with a specific list of all
improvements and the location thereof described herein prior to
the commencement of processing the redevelopment plan amendment
by the Agency.
(b) Extension of the redevelopment plan from 35 years
to 45 years;
(c) Increase in total tax increment allocable to the
Agency during the term of the Redevelopment Plan, as amended.
7.2 The District and the Agency agree that Section
7.1(a)(i) and (vii) are interpreted by the Parties to mean the
following:
(a) Section 7.1(a)(i) shall mean the acquisition of
only the Commercial Portions of the San Juan School Site in con-
junction with development of the Commercial Site and the acquisi-
tion of the Recreational Portion of the San Juan School Site and
its reorientation toward Buchheim Field, as is expressly provided
elsewhere in this Agreement;
24
(b) Section 7.1(a)(vii) is determined to expressly
permit the construction of a City Hall on the Capistrano Elemen-
tary School Site, Parcel A, Exhibit "D", by the City and/or the
Agency.
7.3 In the event the Agency is unable to meet is obligation
to construct a Sports Facility at Capistrano Valley High School,
the City agrees with the time periods herein specified to use its
best efforts to cause the Agency's obligations to be met by
utilizing any legally approved methods to accomplish this
obligation. The City reserves the right to acquire that portion
of the Capistrano Elementary School site designated in Exhibit D,
Parcel B, from the Agency subject to the power of termination
held by the District herein specified such power of termination
to be extinguished by Quit Claim Deed from District upon fulfill-
ment of the conditions described in Section 5.7 hereof.
8. TERNINATION AND OTHER CONTINGENCIES
8.1 With the exception of the provisions stated in Sections
3.10, 4.6, 4.7 and 5.8-5.10, this Agreement can be terminated
only by the mutual consent of all parties.
8.2 This Agreement, inasmuch as it binds District to sell,
exchange and/or grant real property under certain
conditions/events, must be executed in accordance with applicable
provisions of the Education Code as must each real property
transaction, subject to approval by the appropriate State Agency.
25
9. GENERAL PROVISIONS
9.1 Agency, in its sole discretion, may elect the method of
implementing its obligations under this Agreement. All funds ex-
pended by the Agency pursuant to this Agreement and following the
redevelopment plan amendment shall be subject to a separate
public hearing as required by law for each such improvement and
the exercise of discretion by the City Council following such
public hearing.
9.2 The City has been included as a party herein for the
following purposes and no other purposes:
(a) To enforce its right to acquire Parcel A of the
Capistrano Elementary School Site and to construct on Parcel A of
said property a City Hall;
(b) To enforce its right to file necessary and ap-
propriate applications for land use approvals in connection with
portions of the San Juan School Site if it so elects.
The City shall have no other obligations, financial or
otherwise hereunder, except as is specifically provided for in
Section 7.3 of this Agreement.
9.3 If any party to this Agreement commences litigation
against any other party for the purpose of determining and en-
forcing its rights hereunder or for money damages for a breach
hereof or for other equitable relief related hereto, the prevail-
ing party shall be entitled to receive from the losing party,
attorney's fees in the amount determined by the Court, together
W.
with costs reasonably incurred in prosecuting and defending such
action.
DATED: ?(,
DATED: January 7, 1986
DATED: January 7, 1986
ATTEST:
CAPISTRANO UNIFIED S OL DISTRICT
By: �.
esi nt, Bo r of T stees
SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AgENCY
By:
L. HAUSDORFER,
CITY OF SAN JUAN CAPI
By
---
ity Clem ,_!'Agency S cretary
Mary Ananover
APPROVED AS TO FORM:
Thomas p. Clark, Agen ounsel
PHILLIP
27
omuI_\`B):7
. 1,.
0�6 �J
S R-T-F'f —x 12 9.2 �- \
12 5 C: v
s x o c�C7C- o
129.4
j2 7.8 j27.2x
i7.3- x123.8 123.7 `
1233\
\ X magma
4 122.91 ❑ A. C. 1 \�
\ 1
Q Z[ i
u OL
x 22.4
' �pJ
SPRING TREETi J
\ 118.9x 1 j I
7
x
O Y� x134.8
ISSI N 53
SAN JUAN _ 11 I
CAPI \RANO i
;� ' ORS •'r25
Oj 4
105 x116 9 xj22. x123.
� d / ❑ �r � l
15.
L ► 122.7x
1li
I
PORTION OF SAN JUAN
SCHOOL SITE TO REMAIN IN SCHOOL USE
COMMERCIAL. PORTION OF SAN JUAN SCHOOL SITE
SPRING STREE
PARCEL 1
EXHIBIT A
�r
Showrn9 Lot 10 of
Teat 103
rip rrcorde� in Book ri f
of
C'5 per
�f1>(GCS GtF
Mrst�l%nco c Co., coll `
Oron9
Y ...I�"A Irw". "/„w. .n.," w Iwl..•. u Y inti. w WMYr1
That portion of Lot Ten (10) or Tr4ct Ido. 103, in tae cu=_
of Or:�n1;e, 3tute of C:.il:crn!::, n_ rer map tnerecr recoi'v" --
BOOI; 11, ;:t p:.Lo: 20 to 33, inciuulve, of hiucell:.neoue —Ps.
recori,w cf aoid Crallj:e County, daccrlbed Lc fellows:
DeElnr.lnL :.t the mot; Seutheriy corner cf aaid Lot LC erG
runl,lr.L tLancs .;orth BSe tSl East alor.l V;e Soutrcrly !.=e of
sr.ld Lot, 66�'.C6 fent; tiler.ce Yurth 2e 16' Wee: 27='•05 1'eet t
t,:c Southerly 11ne of t -e !:crti.nrly _C feet of cal^ Let 10;
' I. to nee South u7" 41' Ccat •d L3 uci:*. Sout`:erl` 0 25-21 .:e.: 0___
:o tl.e '.�ecterly line cf scld Lot; t;.ence ou... 22�-
e.i; ::uter:y --r•e 2S4 .48 feet tc the point of ttE=•-� _
:le:E:a Sa_3 Fro erty lies uit.ar. San Juan Sanl:cry
I,
EXHIBIT -B
PAGE 1 OF 2
F
N
FY07'
Show//x� Loi' // a7'
Te + c r /'la /Os
mOP rrcon7'C& in Book // e Rye �zq_a-Y,
Miscellaneous ftp -5, k�corr.Cs a`
G�rnr�c co" co/if.
TlY rl., Y Ywn•d r � ., u,r J IJ,...u•. w}I, ..J .4iY d• w.,
C."
ract
hi
County
tor Oranbe. State ofrCalifornia,Tas Par
oMlppp110thereof
recorded in Book ll,rat paEes 29 to 33�aorSbiscellineous t
Raps, records of sal_ Orange County,
beginning at the most westerly corner of sai"_ Lot 11, a:2
running thence South 22' 291 last alonj the Westerly line _of
said lot, 196.21 ,rest; t! once North 87 41e East 5;2.3; tee:
thence North 4' 42' 10' Nest 185,11 foot; thence %orth,2' l;i
deet 30 feet to a pint in the NortherlZ line of acid Lot 11,
which is distant hereon North 64. 59, last 65:.06 feet fro=
the Point of bekinnin ; thence South W 691 West, alone Bald
Northerly line, 653,06 feet to the point of boo -"r -14n;- .
NOTE: Sail property life
tary District.
within Ban Juan Capistrano Saci—
EXHIBIT B
PAGE 2 OF 2
z8__ \�
XX i
12 .5k �
129.4
/�- 127.2k
I �127.a
7.3- 3.6
� 123 \
\ X I s
L
^\ 11212291
A. C. l
QCHooL
1 22.4
121.61 I
S NGTZ TRE E T
4�0 II 8.91 1
N�
O 11542
SAN (JUAN 1113.1 tG P
CAPI \RANO
O _-r23 !
05 1124
116.9 1122. 1123.4
IulLL - - r I 1 105.
a I
I I
IL n o i o�ll i
BUCHHEIM FIELD
PORTION OF SAN JUAN SCHOOL FOR JOINT
RECREATION AND PHYSICAL EDUCATION USE
BY CITY AND DISTRICT
r
EXHIBIT C
Oki "91"
�•� w�. A M r 1..
c. Isigyn
R]T PARCEL HAP 00 -ON
I(I
N TV* CITY of ]YI .Awl wls" l , CnNn[ COJNT7 ULIORIN..
Ip• I I•./r. V Ut 1. M AMl r b r ..�. a 1 ulr M.O . w 11.
1YY 11 • 11 r r1�ll.�. ../� � Awl r Yr mR./ 1.••.v�l
ypl�j _ 11012]
[PARCFL
A
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wff TR;
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RUL
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y
Ntl'Y'll•r
EL
a I PARCEL B'
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i
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,
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IRRARY SIT/ --
e
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_y�f.Y(/nTI ✓1 nT.!'A'Y /l • _� I II\
EXHIBIT