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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" i 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 1 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 2 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 3 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 4 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, 5 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; r (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 7 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 7 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. 10 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 11 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. 12 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. 13 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 14 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 15 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 17 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. 19 (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, 20 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). 21 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. 22 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; 23 (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 ••, n ...�• wff TR; hi0. .CT RUL / y Ntl'Y'll•r EL a I PARCEL B' I I � 1 1 t _:n• r N I i �� ...�• "r•����r�� , RUL / IRRARY SIT/ -- e r� i, _y�f.Y(/nTI ✓1 nT.!'A'Y /l • _� I II\ EXHIBIT