Resolution Number CRA 85-3-5-2RESOLUTION NO. CRA 85-3-5-2 169
APPROVING COOPERATION AGREEMENT WITH
CAPISTRANO VALLEY WATER DISTRICT
A RESOLUTION OF THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY APPROVING
A COOPERATION AGREEMENT BETWEEN THE
AGENCY AND THE CAPISTRANO VALLEY WATER
DISTRICT
WHEREAS, the Community Redevelopment Agency of the City
of San Juan Capistrano (the "Agency") is authorized to carry out
redevelopment activities pursuant to the Downtown Center
Redevelopment Project (the "Project"); and,
WHEREAS, the Agency purposes to enter into an agreement
with WLBD (SAN JUAN CAPISTRANO) ASSOCIATES, a California limited
partnership (the "Participation Agreement") which provides for
the development of certain housing resources in furtherance of
the Redevelopment Plan for the Project; and,
WHEREAS, the Capistrano Valley Water District (the
"District") is agreeable to deferring its receipt of fees to
facilitate the implementation of the Project; and,
WHEREAS, provisions for the payment by the Agency of
those fees deferred by the District are set forth in the
Cooperation Agreement by and between the Community Redevelopment
Agency of the City of San Juan Capistrano and the Capistrano
Valley Water District (the "District Agreement"), which is
attached hereto, marked Exhibit "A," and is incorporated herein
by reference.
NOW, THEREFORE, the Community Redevelopment Agency of
the City of San Juan Capistrano does hereby resolve as follows:
SECTION 1.
The District Agreement is approved. The Chairman is
hereby authorized and directed to execute the District Agreement
substantially in the form attached hereto as Exhibit "A."
PASSED, APPROVED AND ADOPTED this 5th dav of
March , 1985.
ATTEST:
�Ij
SECRETARY
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17QATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, Secretary of the San Juan
Capistrano Community Redevelopment Agency, DO HEREBY CERTIFY that
the foregoing is a true and correct copy of Resolution No. CRA
85-3-5-2 , adopted by the Board of Directors of the San Juan
Capistrano Community Redevelopment Agency at a regular meeting
thereof held on the 5th day of March , 1985 , by the
following vote:
AYES: Directors Friess, Bland, Hausdorfer,
and Chairman Schwartze
NOES: None
ABSTAIN: Director Buchheim
ABSENT: None A_
(SEAL) ��`L�-L
MARY N NOVER, SE RETY
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COOPERATION AGREEMENT
BY AND BETWEEN THE CAPISTRANO VALLEY
WATER DISTRICT AND THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN JUAN CAPISTRANO
THIS COOPERATION AGREEMENT is entered into this 5th day of
March , 1985, by and between the CAPISTRANO VALLEY WATER
DISTRICT (the "District") and the R1DEVELOPMENT AGENCY OF THE CITY OF SAN
JUAN CAPISTRANO (the "Agency").
RECITALS
A. The City of San Juan Capistrano (the "City") has previously activated the
Agency upon completion of appropriate legal proceedings therefor. The Agency is
proceeding to implement the Redevelopment Plan for the Downtown Center
Redevelopment Project (the "Project").
B. The City and the Agency have undertaken proceedings to amend the Project
Area for the Project to, among other things, add that real property described as
Tentative Tract Map 12276, City date-stamped September 12, 1984, (the "Site"), which
amendment, together with this Agreement, will promote development of the Site.
C. It is anticipated that the development of the Site will increase the tax base
of the District, thereby reducing the tax burden upon property owners within the District
whose properties are taxed to retire the bonded indebtedness of the District.
AGREEMENTS
SECTION I
The District agrees that, contingent upon execution of an agreement by Agency
and the developer of the Site providing for assumption by Agency of the obligation to pay
District fees required by development of the Site, the District shall defer receipt of its
fees for the Site development as set forth in Section II of this Agreement.
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SECTION H
The District ftJ"feviewed its finarftl ebli9ations'i6'MtintfF&m the devApment
of the Site, and has determined that District fees required to meet the immediate
obligations of the District resulting from the development of the Site, in the amount of
$93,575.00, shall not be deferred. Fees not required to meet such immediate obligations
of the District, in the amount of $413,491.75, shall be deferred by the District pursusht
to Section III of this Agreement.
SECTION III
The District agrees to defer receipt of those Site fees not required to meet?&'
immediate obligations of the District as provided by Section II of this Agreement until
such time as the Agency reasonably determines that it has the sufficient funds to repay
in whole or in part such indebtedness to the District. The District agrees that, upon
request therefor by the Agency, it shall subordinate the deferred fees referred to in
Section II to all other indebtedness heretofore or hereafter incurred by the Agency.
SECTION IV x'
The District will keep records of fees deferred pursuant to this Agreement and
costs thereof in order that an accurate record of Agency's liability to the District can be
ascertained. The District shall, not later than August lst of each year, submit to Agency
a statement of amounts due to the District pursuant to this Agreement.
SECTION V
Agency agrees to reimburse the District for amounts due pursuant to this
Agreement from and to the extent that funds are available to Agency for such purpose
pursuant to California Health and Safety Code Seciton 33670 or from other sources;
provided, however that Agency shall have the sole and exclusive right to pledge any such
sources of funds to the repayment of other indebtedness incurred by Agency in carrying
out the redevelopment project. The costs and deferrals of the District under this
Agreement will be shown on statements submitted to Agency pursuant to Section IV
above.
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SECTION VI
173
,'-,Fhe obligatioo�,iflgpngy,under thig Agreement shall eonotit An indebtedness of
Aggncy within the meaning of California Community Redevelopment Law Sections
33670, et seq., to be paid to the District by Agency with interest at twelve percent (12%)
per annum or the maximum rate allowed by law, whichever is less. Annual payment of
interest shall commence not later than January 1, 1990, consistent with Agency's
financial ability to make such payments.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
Sipsti above written.
C5� U
ATTEST:
Clerk
ATTEST:
CAPISTRANO VALLEY WATER DISTRICT
4M&
REDEVELOMENT AGENCY OF THE
CITY OF SAN JUAN CAPISTRANO
- By:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
1'75
AFFIDAVIT OF POSTING
MARY ANN HANOVER, being first duly sworn, deposes and
says:
That she is the duly appointed and qualified Secretary
of the San Juan Capistrano Community Redevelopment Agency;
That in compliance with State laws of the State of
California and in further compliance with Resolution No. CRA
83-12-20-1 and on the 7th day of March , 1985, she caused
to be posted:
RESOLUTION NO. CRA 85-3-5-2
being: APPROVING COOPERATION AGREEMENT WITH
CAPISTRANO VALLEY WATER DISTRICT
A RESOLUTION OF THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY APPROVING
A COOPERATION AGREEMENT BETWEEN THE
AGENCY AND THE CAPISTRANO VALLEY WATER
DISTRICT
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
County Public Library.
MA9ZY ANN MANOVER, Secretar r
San Juan Capistrano Community
Redevelopment Agency
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