04-0615_SAN JUAN CAPISTRANO, CITY OF_Cooperataive & Repayment AgrCOOPERATION AND REPAYMENT AGREEMENT
THIS AGREEMENT is entered into as of the 15`h day of June, 2004 by and
between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation (herein
the "City") and the SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT
AGENCY, a public body (herein the "Agency').
WITNESSETH:
WHEREAS, the City Council of the City, acting pursuant to the provisions of
the Community Redevelopment Law (Health & Safety Code Section 33000, et
seq.) has activated the Agency and has declared itself to constitute the Agency, by
Ordinance No. 488 adopted on July 12, 1981
WHEREAS, pursuant to the Community Redevelopment Law, the Agency is
performing a public function of the City and may have access to services and
facilities of the City; and
WHEREAS, Section 33600 et. seq. of the California Community
Redevelopment Law authorizes the Agency to borrow money or accept financial or
other assistance from the City; and
WHEREAS, the City will appropriate money in the City's Fiscal Year budget
in an amount deemed appropriate each year by the Administrative Services
Director to the Agency for the purpose of carrying out redevelopment activities;
and
WHEREAS, funds so appropriated may be used to find time, expenses,
overhead costs, consultants contract costs, use of City facilities and staff and other
expenses incurred on behalf of redevelopment efforts; and
SD
WHEREAS, funds so appropriated may be used in connection with the
preparation and implementation of redevelopment plans pursuant to the
Community Redevelopment Law; which costs include, but shall not be limited to:
the costs of surveys, planning, studies, and environmental assessments for the
adoption of a redevelopment plan; the costs of acquisition of properties acquired,
building and site preparation; public improvements; relocation assistance to
displaced residential and nonresidential occupants as required by law; financial
assistance provided to developers; and, other costs incurred by the Agency in
increasing, improving and preserving the City's supply of low and moderate
income housing availability at affordable housing costs both inside and outside
redevelopment project areas, in accordance with Health and Safety Code Section
33334.2 et seq.
WHEREAS, the City will loan the funds to the Agency in the anticipation that
such costs will be repaid by the Agency out of tax increment funds generated
within the redevelopment project area and possible amended redevelopment
project areas.
NOW, THEREFORE, Agency and City for and in consideration of the mutual
promises and agreements herein contained do agree as follows:
1. PURPOSE
The purpose of this Agreement is to provide for the repayment to the City
by the Agency in an amount deemed appropriate by the Administrative Services
Director. Loan proceeds are to be used in connection with the preparation and
implementation of redevelopment plans, administrative costs and expenses,
including consultant costs, incurred by the Agency, which are incurred on behalf of
the redevelopment efforts in the Central Redevelopment Project Area.
2. TERM OF AGREEMENT
This Agreement shall be in full force and effect for a period beginning as of
the date first written and continuing until all loans hereunder are repaid and no
further City loans are required.
3. REPAYMENT TERMS
The Agency agrees to repay the City in full together with accrued interest
calculated at a variable rate based upon the annual average rate of return earned
on the City's investment portfolio as determined by the City's Treasurer,
compounded annually. The City shall calculate interest annually for the Agency.
The loan together with accrued interest shall be repaid from future tax increment
funds generated within the redevelopment project area starting on July 1, 2023 or
earlier, if future tax increment is deemed available by the Finance Officer of the
Agency. It is understood that in the event no project area is established or
amended or tax increment revenues fail to yield enough revenue to repay this
obligation, the Agency is under no obligation to the City to make such repayment
from any further funds or resources it may acquire.
Record Keeping
As accurately as possible the Agency will track charges against this loan by
redevelopment project area. In the event one or more project areas are amended,
the costs incurred for the benefit of that project area(s) will become a debt of that
project area(s).
In the event that the City authorizes by appropriate resolution any future
loans(s), such loan(s) shall become a debt of the Agency and shall be reflected as
Attachment 1 (et seq.), which shall be attached to the Agreement, made a part
hereof and subject to the terms set forth herein.
4. REPAYMENT SUBORDINATION
It is agreed by the parties hereto that the repayment to the City pursuant to
this Agreement is hereby subordinated to any and all payments necessary to
satisfy the Agency's obligations in connection with any existing or future bonded
indebtedness or obligation which may be incurred by the Agency for the benefit of
the redevelopment plans, or to the extent necessary for any bonded indebtedness
for which Agency has pledged as a security or source of repayment tax increment
generated within the project areas.
5. VALIDITY OF AGREEMENT
Ll
If any provisions of this Agreement, or the application hereof to any person,
party, transaction, or circumstance, are held invalid, the remainder of this
Agreement, or the application of such provision to the other persons, parties,
transactions or circumstances, shall not be affected thereby.
IN WITNESS THEREOF, the parties have executed this agreement as of
the date first above written.
CITY OF 9AN AUJAN CAPISTRANO
Joe
ATTEST: 1 v
R. Monahan
COMMUNITY DEVELOPMENT AGENCY
Diane Bathgate
Chairperson
ATTEST: � V
arq ret R. Monahan
APPROVED AS TO FORM:
- Qv=�
John Phaw
City Affiorney
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32400 PASEO ADEL NTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
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1776
T •AL
TO: Cindy Russell, Administrative Services Director
FROM: Meg Monahan, City Clerk
RE: Cooperation & Repayment Ac
Capistrano and the San Juan
Agency
DATE: June 17, 2004
the
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE L. BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
San Juan
Attached is (1) copy of the agreement approved by the City Council and the CRA Board
of Directors on June 15, 2004.
San Juan Capistrano: Preserving the Past to Enhance the Future
L
AGENDA REPORT
TO: Dave Adams, Executive Director (&4\
FROM: Cindy Russell, Finance Officer
•
CRA 6/15/2004
C1
SUBJECT: Consideration of Approval of the Cooperation and Repayment Agreement
with the City of San Juan Capistrano.
RECOMMENDATION:
By Motion,
1. Adopt a Resolution Approving the Cooperation and Repayment Agreement between
the Community Redevelopment Agency and the City; and,
2. Authorize the Chairman to execute the Cooperation and Repayment Agreement
Document.
SITUATION
The Community Redevelopment Agency Budget uses General Fund loans to cash flow
current operations. The majority of the Redevelopment Agency's expenditure budget
consists of staff charges from the City and outside financial, legal and other technical
services. Staff charges to the Administrative Fund are related to the oversight of the
Agency and project administration. These administrative charges also include costs
associated with day -today financial functions of the Agency such as receiving rents,
paying vendors, and other general accounting activities. Administrative staff charges,
outside financial, legal and other services are estimated during the budget process. If
these costs are less than anticipated, the amount borrowed from the General Fund will
be reduced accordingly.
These loans are to be repaid from available future tax increment. Tax increment
revenues are projected to be sufficient to fund Agency obligations as well as repay the
City's General Fund.
Staff recommends that the City Council adopt the Resolution approving the
Cooperation and Repayment Agreement between the San Juan Capistrano Community
Redevelopment Agency and the City of San Juan Capistrano and authorize the
Chairman to execute the Cooperation and Repayment Agreement Document.
0
Agenda Report
Page 2
FINANCIAL CONSIDERATIONS
0
June 15, 2004
Currently, other revenue sources derived from Redevelopment Agency activities are
limited. Without these General Fund loans, there will be no other available funding
source to pay for administrative and possible future preparation and implementation
costs associated with the Redevelopment Agency's on-going activities.
NOTIFICATION
Not Applicable
By Motion,
1. Adopt a Resolution approving the Cooperation and Repayment Agreement between
the Community Redevelopment Agency and the City; and,
2. Authorize the Chairman to execute the Cooperation and Repayment Agreement
Document.
Respectfully submitted,
Cindy Russell
Finance Officer
Attachment:
1. Resolution approving Cooperation and Repayment Agreement
RESOLUTION NO CRA 04-06-15-01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN JUAN
CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, APPROVING A
COOPERATION AND REPAYMENT AGREEMENT BETWEEN THE SAN
JUAN CAPISTRANO COMMUNITY REDVELOPMENT AGENCY AND THE
CITY OF SAN JUAN CAPISTRANO
WHEREAS, by Ordinance No. 488, adopted July 12, 1983, Ordinance No. 509
adopted May 15, 1984, Ordinance No. 547, adopted on July 16, 1985, and Ordinance Nos.
582-583 adopted on August 19, 1986, the City Council of the City of San Juan Capistrano
Community Redevelopment Agency (the "City Council") approved and amended the
Redevelopment Plan (the "Plan") for the San Juan Capistrano Redevelopment Project (the
"Project Area") of the San Juan Capistrano Community Redevelopment Agency (the
"Agency"); and,
WHEREAS, Section 33600 et. seq. of the California Community Redevelopment
Law authorizes the Agency to borrow money or accept financial or other assistance from
the City; and
WHEREAS, the Agency incurs administrative costs associated with the plan
activities of the Agency, including but not limited to staff time, legal, financial and other
professional services; and,
WHEREAS, the Agency incurs costs in connection with the preparation and
implementation of redevelopment plans pursuant to the Community Redevelopment Law;
and,
WHEREAS, the Agency has the inability to meet its entire obligation for the payment
of these costs.
WHEREAS, the City Council, through its annual budget process has acknowledged
the need to make General Fund Loans to the Agency to cover administrative costs; and,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the San Juan
Capistrano Community Redevelopment Agency does hereby
Agree that the above recitals are true and correct.
2. Agree that the execution and delivery of the Cooperation and Repayment
Agreement to provide this Repayment Loan is in the best interest of the
Agency and will promote public health, safety and welfare.
Approve the Cooperation and Repayment Agreement, attached hereto as
Exhibit "A". The Chairman and the Executive Director are hereby authorized
06-15-2004
-1-
11
0
to execute the Cooperation and Repayment Agreement on behalf of the
Agency, together with such changes thereto as are approved by the
Executive Director, execution thereof being conclusive evidence of the
Agency's approval of such changes.
PASSED, APPROVED, AND ADOPTED this 15"' day of June 2004.
DIANE BATHGATE, CHAIRMAN
ATTEST: �' v
M#RGPIRET R. MONAHAN, SECRETARY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
1, MARGARET R. MONAHAN, appointed Agency Secretary of the Community
Redevelopment Agency of the City of San Juan Capistrano, do hereby certify that the
foregoing Resolution No. CRA 04-06-15-01 was duly adopted by the Board of
Directors of the Community Redevelopment Agency at a regular meeting thereof, held
the 15"' day of June 2004, by the following vote:
AYES: DIRECTORS: Allevato, Soto, Hart, Swerdlin, and Chairman
Bathgate
NOES DIRECTORS: None
ABSENT: DIRECTORS: . None
, Agency Secretary
06-15-2004
-2-
0
0
COOPERATION AND REPAYMENT AGREEMENT
THIS AGREEMENT is entered into as of the 15th day of June, 2004 by and
between the CITY OF SAN JUAN CAPISTRANO, a municipal corporation (herein
the "City") and the SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT
AGENCY, a public body (herein the "Agency").
WITNESSETH:
WHEREAS, the City Council of the City, acting pursuant to the provisions of
the Community Redevelopment Law (Health & Safety Code Section 33000, et
seq.) has activated the Agency and has declared itself to constitute the Agency, by
Ordinance No. 488 adopted on July 12, 1983.
WHEREAS, pursuant to the Community Redevelopment Law, the Agency is
performing a public function of the City and may have access to services and
facilities of the City; and
WHEREAS, Section 33600 et. seq. of the California Community
Redevelopment Law authorizes the Agency to borrow money or accept financial or
other assistance from the City; and
WHEREAS, the City will appropriate money in the City's Fiscal Year budget
in an amount deemed appropriate each year by the Administrative Services
Director to the Agency for the purpose of carrying out redevelopment activities;
and
WHEREAS, funds so appropriated may be used to find time, expenses,
overhead costs, consultants contract costs, use of City facilities and staff and other
expenses incurred on behalf of redevelopment efforts; and
EXHIBIT "A"
WHEREAS, funds so appropriated may be used in connection with the
preparation and implementation of redevelopment plans pursuant to the
Community Redevelopment Law; which costs include, but shall not be limited to:
the costs of surveys, planning, studies, and environmental assessments for the
adoption of a redevelopment plan; the costs of acquisition of properties acquired,
building and site preparation; public improvements; relocation assistance to
displaced residential and nonresidential occupants as required by law; financial
assistance provided to developers; and, other costs incurred by the Agency in
increasing, improving and preserving the City's supply of low and moderate
income housing availability at affordable housing costs both inside and outside
redevelopment project areas, in accordance with Health and Safety Code Section
33334.2 et seq.
WHEREAS, the City will loan the funds to the Agency in the anticipation that
such costs will be repaid by the Agency out of tax increment funds generated
within the redevelopment project area and possible amended redevelopment
project areas.
NOW, THEREFORE, Agency and City for and in consideration of the mutual
promises and agreements herein contained do agree as follows:
1. PURPOSE
The purpose of this Agreement is to provide for the repayment to the City
by the Agency in an amount deemed appropriate by the Administrative Services
Director. Loan proceeds are to be used in connection with the preparation and
implementation of redevelopment plans, administrative costs and expenses,
including consultant costs, incurred by the Agency, which are incurred on behalf of
the redevelopment efforts in the Central Redevelopment Project Area.
2. TERM OF AGREEMENT
This Agreement shall be in full force and effect for a period beginning as of
the date first written and continuing until all loans hereunder are repaid and no
further City loans are required.
3. REPAYMENT TERMS
The Agency agrees to repay the City in full together with accrued interest
calculated at a variable rate based upon the annual average rate of return earned
on the City's investment portfolio as determined by the City's Treasurer,
compounded annually. The City shall calculate interest annually for the Agency.
The loan together with accrued interest shall be repaid from future tax increment
funds generated within the redevelopment project area starting on July 1, 2023 or
earlier, if future tax increment is deemed available by the Finance Officer of the
Agency. It is understood that in the event no project area is established or
amended or tax increment revenues fail to yield enough revenue to repay this
obligation, the Agency is under no obligation to the City to make such repayment
from any further funds or resources it may acquire.
Record Keeping
As accurately as possible the Agency will track charges against this loan by
redevelopment project area. In the event one or more project areas are amended,
the costs incurred for the benefit of that project area(s) will become a debt of that
project area(s).
In the event that the City authorizes by appropriate resolution any future
loans(s), such loan(s) shall become a debt of the Agency and shall be reflected as
Attachment 1 (et seq.), which shall be attached to the Agreement, made a part
hereof and subject to the terms set forth herein.
4. REPAYMENT SUBORDINATION
It is agreed by the parties hereto that the repayment to the City pursuant to
this Agreement is hereby subordinated to any and all payments necessary to
satisfy the Agency's obligations in connection with any existing or future bonded
indebtedness or obligation which may be incurred by the Agency for the benefit of
the redevelopment plans, or to the extent necessary for any bonded indebtedness
for which Agency has pledged as a security or source of repayment tax increment
generated within the project areas.
i 9
5. VALIDITY OF AGREEMENT
If any provisions of this Agreement, or the application hereof to any person,
party, transaction, or circumstance, are held invalid, the remainder of this
Agreement, or the application of such provision to the other persons, parties,
transactions or circumstances, shall not be affected thereby.
IN WITNESS THEREOF, the parties have executed this agreement as of
the date first above written.
CITY OF SAN JUAN CAPISTRANO
Joe Soto
Mayor
ATTEST:
Margaret R. Monahan
City Clerk
COMMUNITY DEVELOPMENT AGENCY
Diane Bathgate
Chairperson
ATTEST:
Margaret R. Monahan
Secretary
APPROVED AS TO FORM:
John Shaw
City Attorney