Loading...
1997-0519_CAPISTRANO UNIFIED SCHOOL DISTRICT_2nd Amd & Rstd Agr for Cooperationit SECOND AMENDED AND RESTATED AGREEMENT FOR COOPERATION 1. PARTIES AND DATE. 1.1 Parties to Agreement. This Second Amended and Restated Agreement for Cooperation (the "Agreement" or the "Second Amended Agreement") is hereby entered into as of May 19, 1997, by and among the CAPISTRANO UNIFIED SCHOOL DISTRICT, a public agency (the "District"), the SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency"), and the CITY OF SAN JUAN CAPISTRANO, a municipal corporation (the "City"). 1.2 Amends and Restates Original Agreement. This Agreement amends and restates those specific provisions of. 1) that certain Agreement for Cooperation between the District, the Agency and the City, dated March 5, 1985 (the "Original Agreement"); and 2) that certain Amended and Restated Agreement for Cooperation between the District, the Agency and the City, dated January 7, 1986 (the "First Amended Agreement"), which remain to be performed in the manner agreed by the respective parties. 2. RECITALS. 2.1 Redevelopment Plan. 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 establish the San Juan Capistrano Central Project Area ("Area") pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000, et. seq. for the redevelopment, replanning and redesigning of certain blighted areas within the City of San Juan Capistrano which require redevelopment in the interest of the health, safety, and general welfare of the City of San Juan Capistrano. 2.2 Need for Elementary School. The District has identified the need for a new elementary school site in close proximity to Marco Forster Middle School. A site for such elementary school has been incorporated into the City's Open Space Master Plan and shall be named as determined by the District (the "Elementary School 664640007 Parcel"). The Elementary School 664640007 Parcel is an approximately seven (7) acre portion of a larger parcel of real property which has been jointly acquired by the City and the Agency, and is depicted on Exhibit "A", attached and incorporated herein by reference. 2.3 Purpose of Agreement. District on the one hand and Agency and City, on the other hand, wish to enter into this Second Amended and Restated Agreement for Cooperation c:\wpwin60\wpdo NcuadWusdsm4.yw -1- 05/2M7 2 0 ! among themselves to provide mutual aid and assistance in the redevelopment of certain areas of the City. More specifically, and subject to the conditions described hereinafter, Agency, City and District wish to cooperate in connection with the following redevelopment activities, which shall constitute mutual and adequate consideration for the exchange and release of each obligation and activity: (a) Conveyance of fee title to the Elementary School 664640007 Parcel from the City and the Agency to the District for the construction of a school thereon as further described in the Purchase and Sale Agreement attached as Exhibit "B", attached hereto and incorporated herein by reference. (b) Reconveyance from the Agency to the District of fee title to Parcel B of the Capistrano Elementary School Site (more particularly known as the "Serra High School Site"), particularly described in the grant deed attached hereto as Exhibit "C", attached hereto and incorporated herein, to be executed concurrently herewith. The legal description for Parcel B shall include the playing field and all property upon which permanent and relocatable buildings as currently situated on the Serra High School Site, as more particularly determined by a survey, the cost of which shall be equally shared by the Agency and the District. (c) Release by District of the Agency's obligation to proceed with the construction of a fifty (50) meter competition swimming pool as required by Sections 5.4(b) and 5.9 of the First Amended Agreement; however, this does not preclude the District from utilizing school facilities fund proceeds for the construction of said swimming pool as provided for in Section 5.3. (d) Release by District of the Agency's obligation to relocate the District's existing adult education and continuation school facilities which exist on said Parcel B to a permanent site to be acquired by the Agency for the District as imposed by Section 2.2(d) of the First Amended Agreement. (e) Release by the District of the obligation to convey fee title to the District of a 2.5 acre site free and clear of all liens and encumbrances, subject to the District's prior right to approve such site, as required by Sections 5.4(b) and 5.9 of the First Amended Agreement. (f) Lease of real property from the District to the Agency, known as "Stone Field", more particularly described in the proposed lease, attached as Exhibit "D" and incorporated herein by reference, and the conveyance of fee title to the Agency of another parcel known as the "Library Parcel", as described on Exhibit "E", attached hereto and incorporated herein. (g) Continuation of the existing tax sharing agreement, as provided in the Original Agreement and First Amended Agreement, to alleviate the burden and detriment of the Redevelopment Plan upon the District. c:\wV-nfi0hvpaocs4�.yeo -2- 05n8r97 (h) Termination of all other obligations under the Original Agreement and the First Amended Agreement, permanently and irrespective of the performance or non-performance of the obligations under this Second Amended Agreement. 3. EFFECT ON PRIOR OBLIGATIONS. 3.1 Continuation of Tax Sharing and Termination of Other Obligations. The parties intend that the tax sharing obligations of the Agency to the District pursuant to Section 6.1 (bXii) of the First Amended Agreement shall remain in full force and effect as restated in this Second Amended Agreement, and shall be clarified but not amended by this Second Amended Agreement. Except as specified in Section 2.3 of this Agreement, all other respective obligations of the parties pursuant to the Original Agreement and the First Amended Agreement are hereby terminated, extinguished and of no further force or effect, regardless of the performance or failure thereof of any obligation under this Second Amended Agreement. All obligations to assist in the development of the Commercial Site as a single, unified, high intensity commercial development are hereby extinguished. The obligation of the District to convey Buchheim Field and the recreational portion of the San Juan School Site to the Agency is terminated, and the Agency's obligation for the redevelopment thereof is terminated. The obligation of the Agency to construct a competition swimming pool is terminated; however, this does not preclude the District from utilizing school facilities fund proceeds for the construction of such a swimming pool as provided for in Section 5.3. The obligation to establish Fund No. I is terminated. 4. CONVEYANCE OF THE ELEMENTARY SCHOOL 664640007 PARCEL TO DISTRICT. 4.1 Purchase and Sale of Elementary School 664640007 Parcel. The City and Agency agree to sell to the District and the District agrees to purchase the Elementary School 664640007 Parcel, in accordance with and subject to all of the terms, covenants, and conditions of that certain Purchase and Sale Agreement (Exhibit "B")- 4.2 Purchase Price, Payment and Note. A. The purchase price of the Elementary School 664640007 Parcel shall be Two Million Four Hundred Thousand Dollars ($2,400,000.00), or a final purchase price set by appraisal as approved by the Office of Public School Construction of the State of California, subject to the following limitations: (i) the final purchase price may be set anywhere within the range of 10% of the $2,400,000, plus or minus, pursuant to the Office of Public School Construction final approval of an appraisal from a certified appraiser; Owpwin6o\wp&o \ojtd4�.ye -3- 05n9/97 0 0 (ii) if the final appraisal figure deviates more than 10% from the $2,400,000 purchase price, then either party reserves the right to reconsider and rescind this Agreement within 30 days of receipt of written notice of the final appraisal figure from the Office of Public School Construction. Rescission of this Agreement shall be completed by either party sending written notice of termination to the other party. B. The purchase price shall be subject to a credit from the Agency in favor of the District. The credit shall be calculated to equal an amount of money using the same per -acre value established for the Elementary School 664640007 Parcel, multiplied by a factor of two and 1/2. Therefore, as an example, if the Elementary School 664640007 Parcel is assumed to be 10 acres and having a final appraised value of $2.4 million, the per -acre value would be $240,000. The credit calculation would then be 2 1/2 x $240,000 = $600,000. The credit of $600,000 would then be applied to reduce the purchase price by that amount. C. The purchase price shall be paid by District with payments from the Capistrano Unified School District\San Juan Capistrano Community Redevelopment Agency School Facilities Fund ("School Facilities Fund") as described herein in Section 5. 1, until paid in full. Each party agrees to authorize the application of tax sharing payments to provide for the payment of the purchase price of the Elementary School 664640007 Parcel through Agency's retention of the amounts to be paid to District into the School Facilities Fund. D. Since the consideration for the reduced purchase price is separate and apart from the value of the Elementary School 664640007 Parcel, the reduced purchase price shall not be reflected in the Purchase and Sale Agreement. The purchase price shall be paid by the District commencing upon the eleventh (1 Ith) anniversary of the date that the Agency first makes a payment to the District pursuant to Section 5.1 hereunder. E. District shall execute a Promissory Note in the form of Exhibit "F", attached hereto and made a part hereof, secured by the School Facilities Fund, to guarantee payment of the purchase price. The note shall reference the above stated credit. 4.3 No Interest on Promissory Note. The promissory note reflecting the purchase price of the Elementary School 664640007 Parcel shall bear no interest. 4.4 District Certificate Regarding Future Public Uses of Elementary School 664640007 Parcel. District shall execute the certificate, attached as Exhibit "G," and incorporated herein by reference, acknowledging that the Elementary School 664640007 Parcel shall not be used for private, non-public purposes. This certificate is required by Agency to satisfy certain provisions of the California Community Redevelopment Law (Health and Safety 0 Code Sections 33000, et seq.) which apply to the financing used by the Agency to acquire this subject seven acres of land. 5. CAPISTRANO UNIFIED SCHOOL DISTRICT SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY CAPITAL IMPROVEMENT FUND. 5.1 Establishment of School Facilities Fund. The obligation to create what was described as Fund No. I in the First Amended Agreement is terminated. Capistrano Unified School District San Juan Capistrano Community Redevelopment Agency Capital Improvement Fund No. 2, as said fund was described in the First Amended Agreement, shall be renamed and hereafter referred to in this Agreement as the "School Facilities Fund", and is hereby restated, clarified and established. The School Facilities Fund is to be administered by the Agency and to be utilized for the purposes of this lgreement. The following monies shall be deposited in the School Facilities Fund: property taxes which are allocated to the Agency pursuant to Health and Safety Code Section 33670(6) and which are attributable to that area lying within the territorial limits of the District which also lies within the territorial limits of the Project Area of the Agency after the effective date of Ordinance No. 488 of the City of San Juan Capistrano, and which are in excess of Three Million Dollars ($3,000,000.00) in any year of the Redevelopment Plan (which excess shall be referred to hereinafter as the "extraordinary tax increment"). Said moneys shall be allocated by Agency upon receipt to the School Facilities Fund and shall be used and accumulated in sufficient amount to pay principal and interest on loans, monies advanced 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 ($5,000,000.00) in any consecutive five (5) year period. 5.2 Relationship to Other Tax Increment Funds. The obligations of Agency with respect to the School Facilities Fund shall be subordinated to funds provided to other taxing agencies or pledged to other Agency indebtedness if and to the extent that 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 School Facilities Fund 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). 5.3 Use of School Facilities Fund. The School Facilities Fund may be expended only for acquisition or lease of real property and /or capital improvement projects located within the City of San Juan Capistrano, either inside or outside of the Project Area, which are of benefit to the Project Area and in compliance with Health and Safety Code Sections 33445 and 33679, and all other applicable laws. The primary application of the School Facilities Fund, and first in priority, shall be the payment of the purchase price of the Elementary School 664640007 Parcel, as set forth in Section 4.1 of this Agreement. Other permissible uses of the School Facilities Fund cAv,pwu"\wpd=\mndWanda 4.yeo -5- 05/2"7 0 0 proceeds include, but are not limited to: the construction of a fifty (50) meter competition swimming pool at Capistrano Valley High School; the lease or purchase of land or facilities for use only as schools, District administrative offices and operations facilities; the construction, expansion, addition to, or reconstruction or modernization of permanent school buildings, facilities, structures or other permanent public improvements, including without limitation any and all direct development costs for planning, engineering, and architectural services and costs for contract administration expenses incurred in connection with the planning, construction or completion of such public improvements, provided that such expenditures are of benefit to the Project Area. The use of such funds for payment of salaries, wages or benefits to District employees is prohibited, except those costs of District personnel for services directly involved in the construction, inspection or project management of such public improvements. 6. PROPERTY LEASES AND PARCEL B. 6.1 Parcel B Conveyance to District. The Agency agrees to convey fee title of Parcel B to District in the form of a grant deed as set forth in Exhibit "C". 6.2 Termination of Existing Lease. That certain "Lease" of Parcel B at the Serra High School Site from the City/Agency, as lessor, to the District, as lessee, dated April 27, 1989, is hereby terminated and of no further force or effect. Possession of Parcel B is hereby delivered to the District, effective with the execution of this Agreement, and the parties mutually release each other from any obligations pursuant to the Lease. 6.3 Agreement to Lease Stone Field and Convey Fee Title to the Library Parcel. A. District and City agree to enter into a lease wherein District shall lease to City the property known as Stone Field, more particularly described in the lease (Exhibit "D") to be executed concurrently herewith, for a term of twenty-five (25) years. B. District, Agency and City agree to the conveyance by District to City of fee title to the Library Parcel (Exhibit "E"), presently burdened by the remaining term of a fifty (50) year lease to the City. 7. GENERAL PROVISIONS. 7.1 Termination by Mutual Consent. This Agreement can be terminated only by mutual consent of all parties. 7.2 Education Code Requirements. This Agreement, inasmuch as it binds District to sell, lease, 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. CAWP im4pd"caWndviud -y- -6- 05/2"7 7.3 Attorneys' Fees. If any party to this Agreement commences litigation against any other party for the purpose of determining and enforcing its rights hereunder or for money damages for a breach hereof or for other equitable relief related hereto, the prevailing party shall be entitled to receive from the losing party attorneys' fees in the amount determined by the Court, together with costs reasonably incurred in prosecuting and defending such action. 7.4 Effective Date and Term. This Agreement shall become effective upon the date set forth above and shall remain in effect for the periods set forth herein. 7.5 Modification and Termination. In the event any section or portion of this Agreement shall be held, found or determined to be unenforceable or invalid for any reason whatsoever, the remaining provisions shall remain in effect, and the parties thereto shall take further actions as may be reasonably necessary and available to them to effectuate the intent of the parties as to all provisions set forth in this Agreement. 7.6 Default. Failure or delay by any party to perform any term or provision of this Agreement constitutes a default under this Agreement. The party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay, and shall complete such cure, correction or remedy with reasonable diligence and during any period of curing shall not be in default. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. If the cure of default is not commenced within thirty (30) days after service of such notice of default, and is not cured promptly in a continuous and diligent manner within a reasonable period of time after commencement, the defaulting party shall be liable for any damages caused by such default, and the non -defaulting party may thereafter commence an action for damages or for specific performance of this Agreement, with respect to such default. 7.7 Indemnification. The Agency shall indemnify and hold harmless the District and its officers, agents, employees, representatives and volunteers, from and against any loss, liability, claim or judgment relating in any manner to the Agency's discharge or breach of its obligations pursuant to this Agreement. The District shall indemnify and hold harmless the City, the Agency and their officers, agents, employees, representatives and volunteers, from and against any loss, liability, claim or judgment relating in any manner to the District's discharge or breach of its obligations pursuant to this Agreement. 7.8 Notices. Written notices, demands and communications between the parties shall be sufficiently given if delivered by hand, sent by telecopy or overnight delivery service, or dispatched by registered or certified mail, postage prepaid, return receipt requested, to the addresses specified below: cAwpwu"\wpd—\a �.y- -7- 05/28/97 0 To Agency: San Juan Capistrano Community Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, California 92675 Attention: Executive Director To District: Capistrano Unified School District 32972 Calle Perfecto San Juan Capistrano, California 92675 Attention: Deputy Superintendent All notices and communications sent to the parties shall be deemed to have been received three (3) days after the notice or communication has been deposited in the U.S. Mail, and the next business day after the notice or communication has been delivered by hand or sent by telecopy or overnight delivery service. 7.9 Books and Records. The Agency shall, within thirty (30) days after receipt of written request from the District, make available to the District for review or audit its records or statements regarding the allocation and payment of Tax Increment to the Agency in accordance with its Redevelopment Plan pursuant to Health and Safety Code Section 33670(b). 7.10 Nonliability of Officials and Employees of Parties. No member, official or employee of the parties hereto shall be personally liable to the other party, or any successor in interest, in the event of any default or breach of this Agreement or for any amount which may become due hereunder, or on any obligations under the terms of this Agreement. 7.11 Conflicts of Interest. No member, official or employee of the parties hereto shall have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or employee participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. 7.12 Entire Agreement. This Agreement and the Exhibits attached hereto constitute the entire understanding and agreement of the parties, integrate all of the terms and conditions mentioned herein or incidental hereto, and supersede all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof, specifically including the Original Agreement and the First Amended Agreement, which shall be terminated and of no further force or effect as of the date of this Agreement. In the event that this cAvgnwuM\wpdo Ncus 4a�.yw -8- 03nsro7 9 0 Agreement is found to be invalid or is otherwise terminated, the Agency and District agree that each shall attempt in good faith to renegotiate this Agreement to give effect to the intent of the Agreement, the Original Agreement and the First Amended Agreement. 7.13 Waivers and Amendments. All waivers of the provisions of this Agreement shall be in writing and executed by the appropriate authorities of the parties, and all amendments hereto shall be in writing and executed by the appropriate authorities of the parties. 7.14 Time of Essence. Time is of the essence with respect to every portion of this Agreement of which time is a material part. 7.15 Legal Challenge. The District, City and Agency agree that in the event litigation is initiated by a person or entity not a party to this Agreement, attacking the validity of all or any portion of this Agreement, each party shall support and seek to uphold this Agreement. 7.16 Governing Law. This Agreement shall be construed in accordance with the laws of the State of California. 7.17 Further Assurances. Each party without further consideration agrees to execute such other and further documents, and to perform such other and further acts, as may be necessary or proper in order to consummate the settlement and transaction contemplated by this Agreement. 7.18 Severability. If any term or provision of this Agreement shall be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. DISTRICT: CAPISTRANO UNIFIED SCHOOL DI ICT, a public agency Jarhes A. Fleming Superintendent ATTEST: District Secretary cAwp m6o\wpd« \,,.et, sd&m4.yw -9- 05nsro7 APPROVED AS TO FORM: PARKER, COVERT & CHIDESTER By: Douglas 14. Yeor6 dh Special District Counsel ATTEST: Cheryl John , AqWncy Secretaryy APPRO D AS John IV. Shaw, Agency Counsel ATTEST: By: i� Cheryl JohnChery1 John , C�Clerk APPROVED AS TO FORM: By: Lq 4 John haw, City Attorney • AGENCY: SAN JUAN CAPISTRANO COMMUNITY REDEVELOPME, T AGENCY, a public body CITY: CITY OF SAN JUAN CAPISTRANO, a c:\wpwin6O\wpdo \cusdkvsdam4.yw -10- 05/28/97 W."Agency Copy" r� 1. 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 SD 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 E 0 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; 6 0 (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 3 i 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 2 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. BOCHHEIM 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. C"ISTRANO ELENENTARY 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 16 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 W, C� 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. (iii) 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. REDEVELOPMENT 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 0 (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 0 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 26 9 0 with costs reasonably incurred in prosecuting and defending such action. DATED: �'2/- �� CAPISTRANO 4UNIFIE4OL DIRICT By.e - nt, Bo steeSTs DATED: January 7, 1986 DATED: January 7, 19R6 ATTEST: City Clergency S cretary Mary Ann Hanover SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT A ENCY By: A L. HAUSDORFER, CHA CITY OF SAN JUAN CAPISTRANO By PHILLIP . SCIftfZTZE, MAYOR APPROVED AS TO FORM: Thomas p. Clark, Agen ounsel 27 n 12 7\L 1J� / X7.8 (27.2x \ 123.8 x 123 M1551UN SAN JUAN, CAPI \RANO 129.4 x X25 11 I y EXHIBIT A \ x116-9 105 x x123. •ung —.-= — /� FJ 1 �o PORTION OF SAN JUAN SCHOOL S -ITE TO REMAIN IN SCHOOL USE COMMERCIAL PORTION OF SAN JUAN SCHOOL SITE SPRING STREE PARCEL 1 y EXHIBIT A �r Show/ng L�f io of 103 rn�, fxr /rx/p re in Book // of M/scdlanco ��Co/ PCCOr� cf prorxj Y �,J.J Irr ul. .A.,:. �. 1..4... w 4 •«r..• r IW.lia That portion of Lo: ':en (10) of Tract l!o. 10:,, in t..e Cc L: of oral;¢, 3tute of Ccii:crnl::, :L: rer mnp tnerecr reccr_cc Hool. 11, ;:t p:,Lac 20 to 33, lnciuulve, of hiuceIL.neajt :_?z. reeor6w of acid Crazlj:e County, uecerlbed :.e fellow$: nrEinr.inL -" the ¢oaf Scutherly corner of so1C Lot IC ar.0 run ,lnL t.`.ance ;North 84° tV Eaac alor.0 t -'!*r r 5outar'_7 11-r o: rt.1C Lot, ep.C5 fent; thence 4orth 20 1Si' We--- 21S,.L)5 felt t,:e Southerly lane of -.ie !iorth.nr'_y '_C feet of cal" Lo: 10; t::ence South 679 41' :.cat ainr.i, u:.1:1 SOULCCrI% ILce 75� .r :z•: to t:.r :;ecterly line cf said Lot; tr.encr Sou::. 22` 26' r.iC retrrly __r.e 25;.46 feet tc t!ie point of :10':x; Su.15 pro erty Ilei •:t..Ir. 5an Juar. Sa:l:cry :Li:ria-. EXH1131T �B PAGE 1 OF 2 TQ,.I CT /'lP /0.9 fir- mop ircofecd in B00% / / a M/scclloncoLcs Maas , R�--c� cf Qmv�c Co., Co/if. i1Y Il`� Y 4..n.d r t r.��w J IJwtiw. rl,, Is/ .IJY d, nr Y r1.41 Ir^ iJ.i+.w� .��t1 n Iw L... r it twrr�..r WliYil Y r+d h ur Cr W/ w r dw t..r.trr J w:� W.,r.J.a That portion of Lot Eleven (il) of Tract No. 103, in'wi County of Orange, State of California, a per map thereof recorded in Booic 11, at pages 29 to 3discof rlbedcaslaneousa: Naps, records of talre— Orar{s County, Beginning at the most Westerly corner of ani"— Lot 11, a running thence South 22. 291 East alon€ the Westerly line of said lot, 196.21.Ieet; thence North 67 411 East Scrih'2fe1>i thence North 4. 421 104 West 185.11 fent; theroe Weal 30 feet to a :int in the Northerl7J line of @cid Lot 11, which is distant hereon North 64. 591 iris 552.06 feet fra= the yoint of bsiinnin5; thence South 64. 591 Meat, alone sal!_ Nor perly line, 653.06 feet to the point of bei .vrJ ; .� NOTE: Sail property lips within Ban Juan Capistrano Semi— tory District. EXHIBIT B PAGE 2 OF 2 3.4 �" \ N . p2J _ 12 .5� S T R 129.4 I/ !127.8 127.2k 3.8 xl 3.7 \ 123 L ^\ !122.4 12291 A. C. l QCHOOL x 22.4 121.6 I S NETT - TRE E T \1 ` coo I I B.9, _ O O }1349 SAN (JUANx113.1 EG CAPP I \RANO O - J 24 116.9 }122. x123.4 05 \ ■ 105. \� 11 10 2.Tx .,x BUCHHEIM FIELD PORTION OF SAN JUAN SCHOOL FOR JOINT RECREATION AND PHYSICAL EDUCATION USE BY CITY AND DISTRICT EXHIBIT C I T 1 " X Mttl 0 9 PARCEL HAP 00-0M N Tot cm or wi Alm culvi , autu - a Ty, Cxx".. rs. I r�nw. r ur •.r .rr r r w �... .mm . w n. 4CM}IOfi N01D r�� .a • r� .�� u w ra• .rte ��. 4A r nt Mr uLL\.rw (� . ,n � r..r r w... / � •, :': • '�^ t d w a U•.•.' =AAANa ntt rr'_ AUL 1 it i F, - 17i ,— I L4ARIFL `LIRRARY SIT/ _ i II PARCEL B qI kr� e 5 EXIIIBIT A 0 6 a •••a •.�: •• o R E C I I A L a WHEREAS, the Capistrano Unified School District, a public agency ("District"), and the San Juan Capistrano Community Redevelopment Agency, a public body, corporate and politic ("Agency") and the City of San Juan Capistrano, a municipal corporation ("City") entered into that certain AMENDED AND RESTATED AGREEMENT FOR COOPERATION BETWEEN THE CAPISTRANO UNIFIED SCHOOL DISTRICT AND THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF SAN JUAN CAPISTRANO (the "Agreement") dated January 7, 1986 for the purpose of providing 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; and WHEREAS, pursuant to Section 5.4(a) of the Agreement the Agency was required to construct a gymnasium ("Gymnasium") at Capistrano Valley High School of sufficient size to accommodate a student population of 2,000, said construction to commence within a specified time; and WHEREAS, pursuant to Section 5.8 of the Agreement, if the Agency or City failed to commence and proceed with construction of the Gymnasium within the time specified, the District, at its sole discretion, was permitted certain powers of termination with regard to certain provisions of the Agreement; and WHEREAS, the Agency has now constructed the Gymnasium pursuant to Section 5.4(a) of the Agreement; and WHEREAS, pursuant to paragraph 3 of that certain GRANT DEED executed April 27, 1989, naming the District as Grantor and the Agency as Grantee ("Grant Deed"), upon the Agency's completion of construction of the Gymnasium, the District's right of reentry with respect to "Parcel A" as described in the Grant Deed automatically terminated, and the District agreed to provide the Agency with appropriate documentation to evidence the termination of the District's right of reentry; and WHEREAS, the District has determined that the construction of the Gymnasium has been satisfactorily completed by the Agency in full compliance with the terms of the Agreement. NOW THEREFORE, the undersigned District hereby acknowledges and agrees as follows: 1. That the District does hereby certify and determine that the construction of the Gymnasium by the Agency as required pursuant to Section 5.4(a) of the Agreement has been fully and satisfactorily performed and completed, all in full compliance with the terms of the Agreement. 2. That the District's termination rights as set forth in Section 5.8 of the Agreement are hereby extinguished and therefore the District is estopped from and waives assertion of any and all rights to termination as set forth in Section 5.8 of the Agreement. 3. That the District hereby acknowledges that its right of reentry with respect to "Parcel A" as described in Exhibit A of the Grant Deed recorded on May 11, 1989 as No. 89-249414 has now terminated, and therefore the District is estopped from and waives assertion of any and all rights of reentry with respect to "Parcel A" as set forth in the Grant Deed. 4. That except as otherwise expressly provided herein, nothing contained in this instrument shall modify, waive or annul, in any way, any other provisions of the Agreement. IN WITNESS WHEREOF, the District has executed this Certificate of Completion and Estoppel Certificate this 4 day of November , 1991. 7187u/2299-00 CAPISTRANO UNIFIED SCHOOL DISTRICT, a public agency By:7 Q JAY4ES A. FLEMING, DISTRICT SUPERINTENDENT - 2 - 0 AGREEMENT FOR COOPERATION BETWEEN THE CAPISTRANO UNIFIED SCHOOL DISTRICT AND THE SAN JUAN CAPISTRAN0 COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF SAN JUAN CAPISTRANO ` 1. PARTIES AND DATE 1.1 This Agreement is entered into this 5th day of March 1984, 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 Corporation ("City"). 2. RECITALS 2.1 The City of San Juan Capistrano has adopted Ordinance No. 488 on July 12, 1983, which ordinance approves the San Juan Capistrano Central Rede- velopment Project ("Redevelopment Plan") and establishes the San Juan Capistrano Central Project Area ("Project Area") pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et. seq.) for the redevelopment, replanning and redesigning of certain blighted areas within the City of San Juan Capistrano which require development in the interest of health, safety and general welfare of the City of San Juan Capistrano• 2,2 District and Agency wish to enter into a cooperative agreement 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 and District wish to cooperate in connection with the following redevelopment activities: (a) Redevelopment of the San Juan School currently owned by the District (legal description attached hereto as Exhibit "A") together with that certain parcel immediately south of the San Juan School Site (hereinafter "Parcel 1") as a single unified, commercial development similar to the commercial development provided for in the previously approved Downtown Master Plan, which redevelopment would include the acquisition and relocation of the San Juan School by Agency. SD • The San Juan School Site and Parcel 1 are shown on the map attached hereto as Exhibit "B". (b) The conveyance of Buchheim Field, currently owned by the district (legal description attached hereto as Exhibit "C"), to the Agency; the relocation of the District's Regional Occupation Program ("ROP") to a permanent site; and the use of Buchheim Field for a new City Hall and other public institutional uses. (c) The R. 0. P. buildings may be temporarily relocated to the Capistrano Elementary School Site, should the Agency and City so desire. The relocation of the R. 0. P. buildings to a permanent site may occur concurrently with the relocation of adult education and con- tinuation school facilities, as provided for by Section 5.1 of this agreement. (d) Conveyance of the Capistrano Elementary School Site (legal description attached hereto as Exhibit "D") to Agency, the relocation of existing adult education and continuation school facilities to a permanent site, and the development thereon by Agency of public facilities which may include a performing arts center, museum, data processing center and/or other public uses, unless otherwise mutually agreed. (e) The financing and construction by Agency of a Sports Center consisting of a standard size gymnasium for a student body enrollment of 2000 and a minimum 50 meter competition size swimming pool at Capistrano Valley High School ("CVHS"). 2.3 District and Agency recognize the need to provide adequate public school facilities and other public services and amenities, as described hereinafter, to serve the Project Area. District and Agency 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 between the Agency and the District to provide for the implementation of projects which are a mutual benefit to Agency and the District and the community at large by utilizing the combined resources of the Agency and the 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: -2- 3. SAN JUAN SCHOOL 3.1 The District will cooperate with the Agency to promote the joint development of the San Juan School Site and Parcel 1 as a single unified, high intensity commercial development. To this end, District will: (a) Assist Agency in securing a Developer for the redevelop- ment of the San Juan School Site. (b) Permit the San Juan School Site to be included within the redevelopment plans for the integrated development of Parcel 1 and San Juan School Site. (c) Support all applicable provisions of the City's general planning and design constraints in connection with redevelopment proposals. (d) Authorize City, Agency or Developer to file necessary and appropriate applications for land use approvals in connection with the San Juan School Site. (e) Assist City, Agency and/or participating Developers with appraisals, prospectus, site access, surveys, soils tests, and related predevelopment activities in connection with the San Juan School Site. (f) Share equally any costs associated with the above redevelopment activities not otherwise paid for by participating Developers, provided both parties mutually consent to incurring 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. 3.2 Agency will use its best efforts to cause the redevelopment of the San Juan School Site within five (5) years of the effective date of this Agreement. To this end, Agency will seek development proposals for the joint redevelopment of the San Juan School Site and Parcel 1 and, in the event a mutually acceptable proposal is approved, enter into a redevelopment agreement pursuant to which the Developer will acquire the San Juan School Site from the Agency; provided, however, Agency shall not be required to compel the improve- ment of Parcel 1 without the consent and cooperation of the owner of Parcel 1. -3- 3.3 The District shall have the right of review and approval of any agreement between the Agency and a Developer in connection with the rede- velopment of the San Juan School Site, which approval shall not be unreasonably withheld, provided that any such agreement assures redevelopment of the San Juan School Site in a manner generally consistent with the terms of this Agreement. 3.4 At the request of the Agency, District shall declare as surplus property, and convey the San Juan School Site to Agency, provided that Agency is then in a position to concurrently convey the San Juan School Site to a developer pursuant to a development agreement which is reasonably satis- factory to the District and which agreement permits District to meet the require- ments of Education Code 39500. The conveyance of the San Juan School Site to Agency shall be in exchange for (i) a school site and school facilities equal in utility to that of the San Juan School Site. The proceeds of such sale to a Developer shall be placed in a special interest bearing fund entitled, "Capistrano Unified School District San Juan Capistrano Community Redevelopment Agency Capital Improvement Fund No. 1" ("Fund No. 1"), to be administered by the Agency. 3.5 The interest earned on the funds deposited in said Fund No. 1 shall be first utilized to relocate the San Juan School and construct or cause the construction of a replacement school site and school facility equal in utility to the San Juan School at a location to be mutually agreed upon. The relocation of the San Juan School shall occur prior to or concurrently with conveyance to the Agency. Such relocation may occur subsequent to conveyance upon mutual agreement of the parties. The excess interest, if any, and 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 the exchange described in Section 3.4 hereof and pledge interest earned on the funds deposited in Fund No. 1 as a source of repayment of such debt. If and to the extent the Agency pledges such interest as the source of repaying debt incurred for the purposes of ful- filling its obligations pursuant to the exchange then, in such event, Agency may also pledge the principal of such fund as collateral. All work shall be done and improvements made and completed in compliance with all federal, state and local requirements. District shall approve all plans and specifications. Title to the replacement School Site and the appurtenant school facilities shall vest in District upon retirement of any indebtedness by Agency to finance Q relocation without cost to District. 3.6 Should the interest earned from the proceeds of sale deposited in Fund No. 1 be insufficient to provide for a school site and school facilities equal in utility to those of the San Juan School, Agency shall provide any additional funds necessary to achieve such relocation and construction if any and to the extent available, which funds may include those deposited in Fund No. 2 (as set forth in Section 6(b) of this Agreement). 4.0 BUCHHEIM FIELD $ SPORTS CENTER 4.1 Following execution of this agreement: (a) the Agency and/or City may commence master planning all or portions of Buchheim Field for City Hall, public recreational and/or other public -institutional uses. (b) the District shall, upon the Agency's request, convey title to Buchheim Field, a legal description to which is attached hereto as Exhibit nC" (c) the Agency shall request title to Buchheim Field from the District within six (6) months following execution of this agreement. 4.2 Upon conveyance of title to the Agency, the City may forthwith cause the construction of a City Hall upon Buchheim Field. In such event, the ROP buildings shall be relocated by the re-siting of existing building at no cost to the district and in conformance with the provisions of Sections 2.2(b)(c) and 5.1 of this agreement. 4.3 As full and complete consideration for the conveyance of Buchheim Field by District to Agency, Agency shall construct or cause the construction of "Sports Center" at Capistrano Valley High School. Upon completion of the Sports Center, the City, if it so requests, shall be offered priority use after the needs of the District are met. 4.4 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; construction of which shall comemnce not later than the end of the fifth year following conveyance of title to Buchheim Field from the District to the Agency. -5- (b) Phase II shall consist of a 50 meter competition swimming pool, construction of which shall commence not later than the end of the seventh year following conveyance of title to Buchheim Field from the District to the Agency. 5.0 CAPISTRANO ELEMENTARY SCHOOL SITE 5.1 Subject to the acquisition by Agency of the San Juan School Site and the relocation of existing adult education and continuation school facilities to a permanent site and facilities reasonably satisfactory to the District, at no cost to District, District shall convey the Capistrano Elementary School Site to Agency without further consideration. S.2 Agency shall utilize the Capistrano Elementary School Site for public uses. While any public use may be permitted at the discretion of the Agency, the Agency shall give preference to the following uses: a performing arts center; a museum; cultural center; and/or community exhibit and conference facilities as well as other uses which the Agency determines to be compatible and/or necessary to support the preferenced public and quasi -public uses to be 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. 5.3 Prior to any new development on the Capistrano Elementary School Site, the Agency shall prepare a master plan for the site including a study to fully explore the potential for uses herein specified and permitted. Such study shall include the feasibility of rennovating existing structures on the site; the adaptability of existing structures for the uses permitted and contemplated by the master plan; as well as a cost -benefit analysis of the proposed uses. In addition, the study shall consider the ability of the site to accommodate 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 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 efforts to locate and secure an alternative site for a performing arts center. Irrespective of the location S+s of the performing arts center, the Agency and the District mutually pledge their best efforts 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 to 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. 6. CAPISTRANO UNIFIED SCHOOL DISTRICT SAN JUAN CAPI 6.1 Capistrano Unified School District San Juan Capistrano Community Redevelopment Agency Capital Improvement Funds Nos. 1 and 2 ("Fund No. 1" and "Fund No. 211) are hereby established. Said funds are to be administered by the Agency and to be utilized for the purposes of this Agreement. The following monies shall be deposited therein: (a) Fund No. 1. (1) The proceeds of the sale, if any, of the San Juan School Site by the Agency to a developer. (b) Fund No. 2. (1) Taxes attributable to the San Juan School Site, which would otherwise have been levied upon said school site after the effective date of Ordinance No. 488, hereinafter "Tax Increment", and which are allocated to Agency pursuant to Health and Safety Code Section 33670(b) shall be allocated by Agency, upon receipt, to Fund No. 2 and shall be used when accumulated in sufficient amount to pay the principal of and interest on loans, money advanced to or indebted- ness (whether funded, refunded, assumed or otherwise), incurred by the Agency to finance or refinance, in whole or in part, the obligations of Agency hereunder. (2) Taxes attributable to that area within the territorial limits of the District which are coincident with the territorial limits of the Project Area after the effectiye date of Ordinance No. 488, and which are allocated to the Agency pursuant -7- 0 0 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, etc. as identified in the Redevelopment Plan), but in no event more than $5,000,000 in any such period (which excess is referred to hereinafter as "extra- ordinary 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 advanced to, or indebted- ness, whether funded, refunded, assumed or otherwise, incurred by Agency to finance or refinance, in whole or in part, its obligations hereunder. (3) 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 indebtedness 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). 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 installation 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 Fund 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 purposes listed in Section 7.1(a)(i) and (ii), except as may be otherwise provided herein. M 6.4 At such time as Agency's obligations hereunder have been completed, said Capital Improvement Funds shall be terminated 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. 7. REDEVELOPMENT PLAN AMENDMENT 7.1 In addition to the conditions precedent set forth hereinabove, the obligations of the parties shall be subject to the Agency's ability to amend its redevelopment plan to provide for the items set forth below, except as may be otherwise provided for in Section 7.2 of this agreement. Upon execution here- of, the Agency shall commence amendment of its redevelopment plan using its best efforts to complete said amendment before January 1, 1985 subject to public hearing and the exercise of discretion by the City Council thereafter, to provide for the following: (a) Identification or construction of the following improvements; School Site; (i) Acquisition and relocation of the San Juan (ii) Construction of the Sports Center at the Capistrano Valley High School; (iii) Relocation of the ROP; (iv) Acquisition of Buchheim Field; (v) Construction of recreational and/or other public institutional 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 performing arts, cultural, museum, and/or other public and quasi -public uses and purposes as provided herein; M (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 classrooms 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. 45 years. (b) Extension of the redevelopment plan from 35 years to (c) Increase in total tax increment allocable to the Agency during the term of the Redevelopment Plan, as amended. 7.2 In the event the Agency is unable to amend the plan or is otherwise unable to meet its obligation to construct the Sports Facility at Capistrano Valley High School, the City agrees to cause this obligation to be met by utilizing any legally approved methods to accomplish this obligation. The City reserves the right to acquire Buchheim Field from the Agency. 8. TERMINATION AND OTHER CONTINGENCIES 8.1 Except for the obligations of the parties as set forth in Section 4 hereof, or the rights of termination set forth in Section 8.2 hereof, in the event Agency and City fail to amend the Redevelopment Plan as provided in Section 7 of this Agreement for any reason whatsoever, this Agreement shall be of no further force and effect and the parties shall be excused from all further performance hereunder. 8.2 In the event this Agreement is terminated for any reason whatsoever and Buchheim Field has been conveyed to the Agency, Agency may in its sole and absolute discretion, reconvey Buchheim Field to District provided such property has been restored to a condition comparable to that existing at the time of original conveyance. Should the Agency so reconvey Buchheim Field, there shall be no remaining or further obligations to be satisfied by the parties to this agreement. -10- 9. GENERAL PROVISIONS 9.1 Agency, in its sole discretion, may elect the method of implementing its obligations under this Agreement. All funds expended by the Agency pursuant to this Agreement and following the redevelopment plan amend- ment 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 District is not obligated to convey any of the land described herein to the Agency if the Agency is unable to meet the relocation requirements set forth herein. 9.3 All obligations of Agency hereunder are subject to the availability of sufficient funds to satisfy its obligations hereunder as anticipated in this Agreement. 9.4 The City has been included as a party herein for the following purposes and no other purposes: (1) To enforce its right to acquire Buchheim Field and to construct on said property a City Hall, recreational facilities, and/or other public -institutional uses facilities as it may determine to be appropriate. (2) To enforce its right to file necessary and appropriate applications for land use approvals in connection with the San Juan School Site if it so elects. (3) To allow District to enforce the City's obligation to hold a public hearing in connection with the redevelopment plan amendment and to exercise its discretion thereafter. The City shall have no other obligations, financial or otherwise hereunder, except as is specifically provided for in Section 7.2 of this agreement. 9.5 In the event that a lawsuit is filed attacking the validity of the Redevelopment Plan Amendment, the Agency and the District mutually agree to defend such lawsuits. In this regard, the Agency and the District may agree to share the costs of legal counsel, in which case said costs shall be shared -11- equally by the Agency and the District 11 In the event the Agency and the District determine to employ separate counsel, then the cost of Agency counsel and District counsel shall be the sole responsibility of the Agency and the District respectively. 9.6 If any part to this agreement commences litigation against any other party for the purpose of determining and enforcing its rights here- under or for money damages for a breach hereof or for other equitable relief related hereto, the prevailing party shall be entitled to receive from the losing party, attorney's fees in an amount determined by the court, together with costs reasonably incurred in prosecuting and defending such action. 9.7 This agreement restates and amends the AGREEMENT FOR COOPERATION BETWEEN THE CAPISTRANO UNIFIED SCHOOL DISTRICT AND THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY dated and entered into by the parties on December 20, 1983. DATED: March 5, 1984 DATED: February 21, 1984 DATED: February 21, 1984 ATTEST: ity Clerk/ A ncy Secretary -12- CAPISTRANO UNIFIED SCHOOL DISTRICT By: President, Board of Trustees SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY LE By: Ur WALA J Univ UAY 13 i ttnrvU z��r� Mayor 0 i All that certain real property situatd in "clic state o' Cala-1 ni, county or OranTej city of Man Jum—.,q C87i:3trml described aG follows: `-noso porulonc of iota 1, 2, 3 a11:1 1! iii Dl.ocic L of `.Traci; tlo. 30u, at. 311MM on C. ti:3ip thereof recordCC'i In tool: 24, 11a(;B 211, 1 '� OCO11.1n20L1; :ails; r'Jciii'wOf .mid Oranl_ e. Count,,,", md tho(;C llort ons o.r. Lot, 10 a Lici 11 O1 'r^G't 1`0. 10 , a. .,ihoii T1 On L; thU 'eCi ' rocordt^d i71 JOo'l: 11, iii L?:JiVO, 1�1 �1i C::_'.l.ld:i 1'1001,?:. ,..iJ:;;, 1^C:COa'Ci:. U1' ..•�l1 Ci :�l`:Ci'1�:0 liOL111 �:,J, and LD'i. /� is r;locic 11 of -jan Juan Capistrano, as si*.lown oil Cc i:F10 'Li1:it 'iiOf rodL)rciud In bool: paste 120, i1inloollancoun, R cord:`.; Cf .'uCi.. GJ1::11'Ly, �uli:Lornla, anCl '-hi`L{.i )OVtjoj-j O:!' th__ :`ioi't1119::'.'I: clan Y'tcr 0:1' the Sout wont C.1u:artcl:' �.]. '"'Oction U, i:1 '.TCwnnlli'i.: 130. na:.'iYlO fii t7C :flu ;iUr1Ci ]. c.`1y T1i1C1 ul"a:'l J1, d:i 01 .J_ t11Cf outli ai".i: cluartor of the Horthoust quarter ofSection t . • A _ 'j L.,'i^". TOtlnOhi, Jout"1, Rancc U Ivsty :1 ir13d:i1J i�ltc. [i1C e.gir1ni11. alt the North.cautorly coi,vcc' o%' Lot y in )31ook a o' :31id IT" ct . To. G 3, and runninEr thence 'Southerly alone., the 7n, tcrly line '1r,act liC, ob� a diotance of 250.00 ':Got to tai; c;oYn:Y of Lot t. >)a3.d 331oc.ic 113 of Tract .�o. cOta; tl_,...eL tc_-_,,• alosl the ;iortherly line of saki Lot 11, a distance of 6.00 i'�oL to tho i ortllc;.^1y terrninu5 of the Wo2terly lines of that 'ort?:ia parcel D2 .1,.-,nd dc::,cribid u,3 Parcel 2, In tl'r clow -C co t/c ;,tate o ' Ct)cf;tlloLl 1:'1)Y°U:13'i` 11, 1J"'r� inUD01 j'(`'l, 100, 0:ffjC;:1.:1! In c11L o: lice: of tilt County Rocordev of -mid Orange Count.., t1i i".;:Y^ly Cal0:1j_; `,uid 1Jc;llterly 1ino't to L 1O:L'tlt Oil the of Lot 1, of ;xiid Blocic ti of 'rd -, et No. :)Oi), dl:;tent 11Ctorl" j(.();: :i, froiii t11C :aoutheaaterly corn"-', of '.jU,i f Lot 1; th::i1CC l:!&terl;y 11011(': r)ai(I ;'ioutliorly lino 37.0).1. .ftet to thu ; Juthoa.,.,Lerly COi'C1C1' of sale." Loc l; thence Southe-^ly alon" the .Ea"torly 13110 01' Loi• ,lid 't'ruct 'To. 808 (ALJ%!chenas Stroct), and alone.; the 3outiwrly L.)x'olon",ation therclof to a line parallel with and ditant ::Outherly 10.00 Poet, uleaDured at right angle:,, from the: :southerly line o� ;aici Lot 3 ill ; loch "A"; thence Westerly alone. saiti parallel lirl;: to t11c iorth.:rly terminus of the Weotcrly lino of that certain parcal 0' land dec.cribed as Parcel 1, in a deed rocordod in book 21640, "pa:ap; 597, Official Record;), in the office of the County Recor6cr ci said Oran(;; courll:y, thC:llct: r:;:)Uthcrly a'lonr; ,„aid i;Tii.3teY'ly lines 'LD the 'interixi,.3Lion. thereof with the Southerly line ole thii lana doselribed in t11c, dead t0 Cap"i :�trano Union iiir;ll _school District of OranL.-e County, rncDr fad in buoic 107.2, pal';c 110, Of'f'icial Rccordl::., .':.n tlic office of t11 CoLanty aocorc T, of said OranSc County; thenc;: eoutll X37° 411 OG° ,L -,h_% .;ou.tlerly lino of i(:1 Uit;h �101i3o.1. 1115.53 feet; tiouLh 1.0 10 30” alst 13G.53 :Leat- to ih; northerly line of Lot of Jun Juan Capistrano, as heminl)--fore- 2:1Cntioncd; thence iJooterly a1o11" .paid Dio-rthorly line. to the inter.^;.: ci;ian thereof' with the Ea:itorly line of 1•_l Camino Roal, 50.00 1d1eL tiid0; thence L:i0util moil(, the :�aoterl- line of -laid El Cailinc, :i `1, tlli 10110DSiiif'; CO'iii^:_f:::; and diJtanCCO: tiouth 22' _ ) 00' .i' i t, yn).7t m!", -,at and .:iouth :5� 00i' i'wlOt3 ,,c3.02 feet t0 the Northerly lint U .__1rii1(; Ltreet, �_,. r.ilOS:�I 'Jri ti"le s slp Of said `r'r::C:t 70. 10 j; the ` outh 2 j" 121 00' n thu ortherly line of S'1'i tl :D'prin-"`e' tret 111FU.;;G fcC et t0 tSic; `_�Ou'(;11- cast cornor of fialil LLot 3 of :)ail Jiva11 C 1pl:7tv�i11J; thcnoC) ,iOU'GilOi:'1-y EXHIBITA a Ir along; tyle Southerly prolongation of the Easterly line of Laid Lot to the inters cctioa thereof with the, "p � ^ ,� •JR/��tOi` 1:1.11(°.i Gi Jaid i� i ins �ti o t 'Gil@'("!::Ci . Outh d5 12, 00) , !:: :3t alone! .`Sitio. C.on"t ? line 263-7) fc,c?t, 'Nort;lerly liac. of ..aid :'priiIr :3'�i^:.Qt (also !C mil—i l: 1JIti7 Jl7ai? I?Ot ilir:1nL1 ss Road) distant the ;Omthca ,tc-,'J', tlOriiOf Lot 11 ;.Edc? '1'raCt :SO. 103, tile-aco South Ea --.,'U- aloe; 'che Northerly line of said St -)rine' Streets 10'.'%2 f: c,- thence idorth 10° 041 23 hest 35.1E5 feet, thence Nox%th 5I' j'! "'a't 1; J.171 .4' i)t� Yl<'t1 C'. i162^tl1 j� ;jC)� US < <IG; "G 40'7.1U a'eCts tilenc : JI- line I-line to tile; point of boZinn9.nL. EXHIBIT A Ortega 5nn juars 11 418 2hle plat 1e Snaertad ae n mac Hr or Info_ Elon only, and ahlle the ume le oomph ad from into reetlo,. vhleh re uel levo to orrect, no 11mGlllty le oo.mmed by Ehle Comppny oe Ca the entree toes. of Da cBald lnrmrn.tton. EXHIBIT A � p F 1 SAN JUAN SCHOOL SITE PARCEL � Zob j asn � i TR. 808 _a/y w �. v P- S T R E E 7 'o P C- G BUCHHEIM FIELD \ CITY HALL SITE O dad ATHLETIC FIELD C � p F 1 SAN JUAN SCHOOL SITE PARCEL � Zob j asn � 0 • That portion of Lot Ten (10) of Truct No. 103, in the County of 0rante, State of California, as per map thereof recoriied in Book 11, at paLec 29 to 30, inclusive, of niscelloneous Maps, record6 of said Orange County, described ac follows: BeEinninL at the most Southerly corner of said Lot 10 and runhinL thence IJorth 841 59' East alonL the Southerly line of said Lot, 653.06 feet; thence North 21 19' West 245.65 feet to the Southerly line of the Northerly 10 feet of said Lot 10; thence South Al 41' West alonL said Southerly line 75z.u6 feet to the Westerly line of said Lot; thence South 221 29' West along said '.Westerly line 294.46 feet to the point of beginning. NOTE: Said property lies within San Juan Sanitary District. EXHIBIT C CI • P/at Showlny L o f 10,::)-74 T,e,ac-T "o. 103 cts pr map recorded in Book ii at Miscellaneous Alk7lcs , iPecora's Oranye Co., Ca/if. )q yc 29-33.9 Of This plat is inserted as a matter of information only, and while the sense EXHIBIT C is compilod from information which we believe to be correct, no liability is .u,.....d Lo this Comaanv as to the correctness of said information. That portion of Lot Eleven (11) of Tract No. 103, in*the County of Orange, State of California, as per map thereof recorded in Book 11, at pages 29 to 33, of Miscellaneous Maps, records of said Orange County, described as follows: Beginning at the most Westerly corner of said Lot 11, and running thence South 220 291 East along the Westerly line of said lot, 196.21 feet; thence North 870 411 East 592.39 feet; thence North 49 421 1011 West 185.11 feet; thence North 20 191 West 30 feet to a point in the Northerly line of said Lot 11, which is distant thereon North 840 591 East 653.06 feet from the point of beginning; thence South 840 59t West, along; said Northerly line, 653.06 feet to the point of beginning. NOTE: Said property lies within San Juan Capistrano Sani- tary District. EXHIBIT C 0 P/at ShOWIny /-c)7// of T.2AG'T / o /03 tw per map recomed in Book // at Miscellaneous Maas , Records Oranye Co., Cailf. , This plat is inserted as a matter of information only, and while the same is compiled from information which we believe to be correct, no liability is assumed by this Company as to the correctness of sold Information. EXHIBIT C Parcel 4, page EXHIBIT D LCS ti m. _ ANJA F [k4 LCBq � I I rn a a a ; LLg CCC, c i A � I`LL°' I yitl Qat - s��IL I� ua _ 9� y .; n I I� r LCS ti m. _ ANJA F [k4 LCBq A' U c � I I rn a a a ; LLg CCC, c i A . Qat a$ I� ua _ 9� y I� ^o tiN a Ix' �b' IIt Le• a. =I I ? la $ y O 4 I �I. €g I� I � I IS I I .p NJtl lM'SA'E /b.m I � e\ a Y' x' 711, �t p lilt WNW,6 b _ ACJA �— r A' U c w y V D m = rn a a a ; LLg CCC, . Qat a$ gz _ 9� y S a. $ y O €g w y V D m 0 Escrow Officer Donna M. Helliwell Escrow Number 3013—DH Date February M7,T989 0 PACIFIC ESCROW 31551 Camino Capistrano, Suite C San Juan Capistrano, CA 92675 (714) 661-1551 AMENDED AND/OR SUPPLEMENTAL ESCROP+INSTRUCTIONS The previous instructions in the above numbered escrow are hereby amended and/or supplemented in the following particulars only: Date of close of escrow is hereby extended to on or before June 15, 1989. All other terms and conditions are to remain the CAPISTRANO UNIFIED SCHOOL DISTRICT a public agency William F. Dawson same. THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politig, ,-, By: St en B. J an Each of the above -signed states he has read the foregoing instructions and understands and agrees to them and hereby acknowledges a receipt of a copy thereof. PE 9 It was moved by Director Bland, seconded by Director Schwartze and unanimously carried to order the report received and filed. Copies are to be made available at the City Clerk's Office and at the Library. 3. AUTHORIZATION FOR PREPARATION OF PLANS AND SPECIFICATIONS - GYMNASIUM CONSTRUCTION AT CAPISTRANO VALLEY HIGH SCHOOL CAPISTRANO UNIFIED SCHOOL DISTRICT 600.40--- 4. Written Communications: Report dated November 15, 1988, from the Deputy Director, advising that the Cooperation Agreement between the Agency, the City, and the Capistrano Unified School District required the Agency to construct a new gymnasium at Capistrano Valley High School as one of the requirements for acquisition of the Capistrano Elementary school site for a new City Hall. Preliminary plans had been prepared and approved by the School Board. The cost of the gymnasium was estimated at $2.1 million. Funds were allocated in the Agency's 1990-91 budget; the report recommended reallocating those funds in the 1989-90 budget to allow earlier construction. Approval of Preliminary Plans: It was moved by Director Schwartze, seconded by Director Bland and unanimously carried to approve the preliminary gymnasium plans and to direct staff to instruct the architect to proceed with final working drawings and other required steps to effect construction of the gymnasium. Staff was authorized to move the funds for the gymnasium construction to the Agency's 1989-90 budget. in As set forth in the report dated November 15, 1988, from the Director of Public Works, the construction of the Del Obispo Street Storm Drain was completed. The report requested approval of Change Order No. 1, in the amount of $31,452.46, which covered additional costs for traffic control, conflicts with lighting conduits, sewer laterals, Water District thrust block and additional storm drain laterals for the Plaza Del Obispo project. The Plaza Del Obispo Developer will fund $4,460.78 of the additional costs and the Water District will fund $3,497.74 of the additional costs. The City will cover the remaining costs. Acceptance of Work: It was moved by Director Hausdorfer, seconded by Director Schwartze that the following Resolution be adopted: NO. CRA 88-11-1 OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE DEL OBISPO STREET STORM DRAIN (GILLESPIE) -2- 11/15/88 _----> 6. Approval of Lease Extension: It was moved by Director Bland, seconded by Director Friess and unanimously carried to authorize the Executive Director to execute documents entering into an extension of the lease between Texaco USA and the Agency for a period of one year, ending April 30, 1989. The lease will be extended month-to-month thereafter. STRANO UNIFIED SCI Written Communications: Report dated January 19, 1988, from the Deputy Director, advising that on January 6, 1986, the Agency entered into a Cooperation Agreement for acquisition of the Capistrano Elementary School site at 31422 Camino Capistrano. In exchange the Agency will construct a gymnasium and 50 -meter competition swimming pool at Capistrano Valley High School. The report advised that although escrow was extended to June 1, 1988, it could be completed within 30 days and it was recommended that necessary actions be taken to close escrow. Close of Escrow - Capistrano Elementary School Site: It was moved by Director Buchheim, seconded by Director Friess and unanimously carried to authorize the Executive Director, or his designee, to execute all documents necessary to close escrow on the Capistrano Unified School District property known as the Capistrano Elementary School site. CLOSED SESSION The Board recessed at 7:17 p.m., to reconvene the City Council meeting. The Board convened in a Closed Session at 8:02 p.m., for discussion of personnel matters and acquisition of property in the Historic Town Center owned by the Agency, with the Agency Secretary excused therefrom. Director Schwartze arrived at 8:40 p.m. The meeting reconvened at 9:03 p.m. with Director Schwartze and Chairman Hausdorfer absent. BOARD ACTIONS PROPERTY ACQUISITION (OLIVER/McMILLAN) (670.20) It was moved by Director Bland, seconded by Director Buchheim and unanimously carried with Chairman Hausdorfer and Director Schwartze absent, to direct the Executive Director to continue discussion regarding property acquisition. -3- 1/19/88 T -- San Juan Capistrano Community Redevelopment Agency January 21, 1988 Dr. Jerome Thornsley, Superintendent Capistrano Unified School District 32972 Calle Perfecto San Juan Capistrano, California 92675 Re: Close of Escrow - Capistrano Unified School Property Dear Dr. Thornsley: The Board of Directors of the San Juan Capistrano Community Redevelopment Agency at its regular meeting held January 21, 1988, authorized the Executive Director to execute all documents necessary to close escrow on the Capistrano Unified School District Elementary School Property. 1f we can be of further assistance, please call. Very %truly yours, Mary Ann Han/over, CMC Agency Secretary MAH/mac cc: Deputy Director Finance Officer 92400 Paseo Adelanto San Juan Capistrano California 92675 714-499-1171 L E AGENDA ITEM January 19, 1988 TO: Stephen B. Julian, Executive Director FROM: Thomas G. Merrell, Deputy Director Community Redevelopment Agency SUBJECT: Cooperation Agreement (C.U.S.D.) 0 OLll If LLl A. Summary and Recommendation - As part of the Master Plan for Buchheim Field and the proposed City Hall site, the Agency, City and Capistrano Unified School District (C.U.S.D.) entered into a Cooperation Agreement on January 7, 1986. The agreement provides for the acquisition of the Capistrano Elementary School site by the Agency in exchange for the construction of certain improvements to School District sports facilities. It is recommended that the Agency authorize the Executive Director or his designee to execute all documents necessary to close escrow on the C.U.S.D. Elementary School property. B. Background - In accordance with the executed amended and restated agreement dated January 7, 1986, between the Community Redevelopment Agency, the City, and the C.U.S.D. in exchange for the Capistrano Elementary School site, (Exhibit "A") the Agency will construct a sports center in two phases. Phase I will consist of a gymnasium which must be constructed by within three years of acquisition. Phase II will consist of a 50 -meter competition swimming pool to be constructed within ten years of acqusition. The Agency will use the school site for a Civic Center and other public uses. Escrow has been extended to June 1, 1988, although it is anticipated that it can be completed within 30 days. At the close of escrow, the Agency will then lease the elementary school building back to the School District for use as an adult education/continuation school for a period of up to 12 years until those uses are relocated. In order to perform in accordance with the schedule for this project, subject to the agreement, it is recommended that the Agency authorize the Executive Director to proceed with the closing of escrow. PUBLIC NOTIFICATION No public notification is required. COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable. G'/pA C (o 0 Agenda Item FINANCIAL CONSIDERATIONS 0 -2- January 19, 1988 Since the escrow provides for an exchange per the agreement rather than actual purchase of the property, there is no immediate financial impact upon the Agency or the City. However, the agreement does require the Agency to commence construction of Phase I of the sports center at Capistrano Valley High School within three years of acquiring the Capistrano Elementary School site. Phase I consists of a gymnasium to cost approximately $1.5 million. Phase II, consisting of a 50 -meter competition swimming pool at an estimated cost of $1 million, must be undertaken by the Agency not later than ten (10) years following conveyance of title to the Agency. ALTERNATE ACTIONS 1. By motion, authorize the Executive Director or his designee to execute all documents necessary to close escrow on the Capistrano Unified School District property. 2. Request additional information from staff. RECOMMENDATION By motion, authorize the Executive Director or his designee to execute all documents necessary to close escrow on the Capistrano Unified School District property. Respectfully submitted, Thomas G. Merrell, Deputy Director Community Redevelopment Agency TGM:BDF:dh Attachment GBFAI119882 0 9 � r x W s. 0 6 A-06,9 Written Communications Report dated January 7, 1986, from the Executive Director advising that in November, 1984, the proposed agreement amending and restating an existing agreement between the Agency, the City, and the Capistrano Unified School District was not executed due to concerns raised by members of the Board of Trustees of the School District. The report forwarded an amended and restated agreement, prepared following a year-long effort, which retained intact the agreement reached with concerned members of the community represented primarily by the "Save Our School" group. The revisions relate primarily to the time frames within which the parties agree to carry out the purpose and objectives of the -agreement. The report provided a summary of the agreement and time frames in relation to the Old High School site, the San Juan School, and Buchheim Field. The Executive Director advised that the Board of Directors of the Capistrano Unified School District had approved the agreement. Approval ofAgreement: It was moved by Director Schwartze, seconded by Director Friess, and unanimously carried to approve the Amended and Restated Agreement for Cooperation Between the Capistrano Unified School District, the San Juan Capistrano Community Redevelopment Agency, and the City of San Juan Capistrano. The Chairman and Secretary were authorized to execute the Agreement on behalf of the Agency. The Board directed that the Agreement be forwarded to the City Council with a recommendation of approval. AGENDA ITEM January 7, 1986 TO: Chairman and Members of the Board of Directors, Community Redevelopment Agency FROM: Stephen B. Julian, Executive Director SUBJECT: Amended and Restated Agreement for Cooperation Between the Capistrano Unified School District, the San Juan Capistrano Community Redevelopment Agency, and the City of San Juan Capistrano SITUATION: In November, 1984, following several months of negotiation, a proposed agreement amending and restating an existing agree- ment between the Community Redevelopment Agency, the City, and the Capistrano Unified School District was presented to the respective governing boards of these agencies for their consider- ation and approval. Although the proposed agreement was consistent with the basic goals and objectives outlined by the governing boards of these respective bodies and consistent with the negotiations conducted by the respective staffs of these agencies, the agreement was not approved by the Board of Trustees of the District due to eleventh hour concerns raised by members of the Board which heretofore had not been addressed by the parties. As a result, the proposed amended and restated agreement was not entered into and the staffs of the respective agencies were directed to continue to meet in an effort to resolve whatever issues might continue to exist between the parties. During the course of the last year Agency staff has been meeting with representatives of the School District to revise the agreement in a manner that would be satisfactory to all parties. The attached agreement represents the results of that year-long effort. The amended and restated agreement which is presented for your consideration at this time accomplishes all of the objectives which heretofore had been previously agreed upon by the District, the Agency and the City. This agreement also retained intact the agreement reached with concerned members of the community represented primarily by the "Save our School" group and other interested parties relative to the disposition and development of Buchheim Field and the San Juan Capistrano Elementary School site. The revisions to this agreement relate primarily to the timeframes within which the parties agree to carry out the purpose and objective of this agreement, a general summary of which follows: A. Agency acquires existing site and agrees to find relocation site within 10 years and to construct replacement facilities within 12 years. gvll� CRA Agenda Item - CUSD Agreement -2- January 7, 1986 B. Agency will lease back existing adult education and continuation school facilities to CUSD until replace- ment facilities are developed. C. City will have the right to construct a new City Hall on the site in return for construction of a sports center facility at Capistrano Valley High School. Construction of sports center to commence within 3 years following approval of property transfer by the California Department of Education. City Hall construction will commence simultaneously with development of the sports center. D. A master plan of development of the entire site for use as a performing arts center, museum, cultural center, conference facility and City Hall site will be completed within 5 years after the execution of this agreement. San Juan School and Buchheim Field A. Agreement provides for a master plan to be prepared showing the proposed development of minor portions of the San Juan Elementary School site in conjunction with adjacent commercial development, the reorientation of San Juan School away from commercial activities of the downtown area toward the Buchheim Field recreational area, and the redevelopment of Buchheim Field and the recreational portions of San Juan School site (Little League fields) as a recreational and physical education facility to serve the needs of the City and the District, including such community uses as San Juan Capistrano Little League. B. Agency has 10 years within which to acquire Buchheim Field and redevelop it as joint recreational and physical education facility. It must relocate and provide alternative site for a Regional Occupation Program in the event it acquires the site. C. In the event commercial development of the San Juan Elementary School site does not occur within 10 years, the CUSD has the ability to determine whether or not it wishes to continue to consider the commercial development of minor portions of the site in conjunction with adjacent commercial activities. Previously proposed agreements presented to the governing boards of the CUSD, the City, and the Agency did not set forth the timeframes summarized above. On the whole, this agreement 9 0 CRA Agenda Item - CUSD Agreement -3- January 7, 1986 1 retains all of the community safeguards previously agreed upon by the District, the City, the Agency, and affected community interest groups including the San Juan Elementary School PTA and the "Save Our School" group. This agreement provides for more definitive timeframes in which the objectives of the parties are to be accomplished and in so doing provides for the opportunity for a more timely re-evaluation of those objectives in the event they are not being fulfilled as expected. This agreement will have been presented to the Capistrano Unified School District Board of Trustees for their consideration at their meeting of January 6, 1986, and their approval is anticipated. COMMISSION/BOARD REVIEW & RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: There is no immediate financial impact upon the Agency or the City. However, the agreement does call for the master planning of both the Capistrano Elementary School site (Old High School site) and the San Juan School/Buchheim Field sites within 5 years. The cost of master planning each of these two sites is unknown at this time and would entirely dependent upon the scope of study to be undertaken. Additionally, in 3 years following acquisition of the Capistrano Elementary School site the Agency would be obligated to commence construction of Phase I of the sports center at Capistrano Valley High School consisting of a gymnasium estimated to cost $1.5 million. Phase II consisting of a 50 meter competition swimming pool at an estimated cost of $1 million, must be undertaken by the Agency not later than 10 years following conveyance of title to the Agency. Other provisions of this agreement are subject to the availability of sufficient funds to accomplish any outstanding obligations of this agreement. ALTERNATE ACTIONS: 1. Do not approve this agreement. Postpone approval of the agreement and direct staff to provide additional information. Following approval of this agreement by the Capistrano Unified School District, approve the agreement and forward a recommendation of approval to the City Council. 0 CRAAgenda Item - CUSD Agreement RECOMMENDATION: 0 -4- January 7, 1985 By motion, approve the Amendment and Restated Agreement for Cooperation Between the Capistrano Unified School District, the San Juan Capistrano Community Redevelopment Agency, and the City of San Juan Capistrano, and authorize the Chairman of the Agency Board of Directors to execute the agreement on behalf of the Agency. Further, forward this agreement to the City Council with a recommendation of approval. Respectfully submitted, Stephen B. 4Ji n SBJ:cj Attachment 0 CAPISTRANO UNIFIED SCHOOL DISTRICT San Juan Capistrano, California January 6, 1986 TO: E. G. `Ted" Kopp and Members Board of Trustees, Capistrano Unified School District FROM: Jerry Thornsley, District Supgrintendent SUBJECT: REDEVELOPMENT BACKGROUND INFORMATION For approximately 12 years CUSD has been discussing various proposals with the City of San Juan Capistrano and more recently not only the City but the Redevelopment Agency (which is governed by the City Council). An agreement whereby there could be various exchanges of property and/or construction of facilities. December 18, 1983 a tax increment agreement was approved which, among other things, did not involve the transfer of properties between the School District, City and Redevelopment Agency but essentially would have resulted in the accrual of funds to CUSD. March 5, 1984 the Board took action, as did the City and Redevelopment Agency which voiding the tax increment agreement and put into place a comprehensive agreement which would involve the transfer of various properties, the building of a sports center at Capistrano Valley High School, and the relocation of San Juan Elementary School. This current agreement is available for Board inspection. Subsequently, there was considerable community debate and discussion and a request by the "Committee to Save our School" to amend or adopt a new agreement which would eliminate the closure of San Juan Elementary School at its present location. For the past year and a half the School District, City and Redevelopment Agency have had numerous meetings in an attempt to amend or adopt a new Redevelopment Agreement which would result in keeping San Juan Elementary School open. CURRENT CONSIDERATIONS At the current Board meeting an amended and restated agreement for Cooperation - Redevelopment Agreement is submitted to the School Board for consideration for approval - Exhibit A. The agreement is comprehensive but has essentially three major parts, including: i1V" X Ye ° 7-5 e/TY L- GE,�(' ✓ Agenda Item 25 121 0 0 Redevelopment Agreement Page two January 6, 1986 1. Transfer of the western portion of the Capistrano Elementary School site to the City upon which they would building a city hall. In return CUSD would have constructed by the City and Redevelopment Agency a sports complex at Capistrano Valley High School - gymnasium and swimming pool. 2. Conveyance of the remaining portion (eastern end) of Capistrano Elementary School site to the City for the development of public facilities which may include a performing arts center, museum, fine arts facility, data processing center and/or other public or quasi -public uses. In return the city and Redevelopment Agency would replace the existing school facilities presently located on the Capistrano Elementary School site on another acceptable location. This includes Serra High School, Adult Education and Learning Center, Instructional Materials Center, etc. The physical reorientation of San Juan Elementary School and remodeling, to a certain extent, to permit certain commercial development adjacent to the school. In return the District would benefit from the upgrading of San Juan Elementary School and ultimately relocation of the Regional Occupational Program facilities currently on Buchheim Field to an acceptable location to the District. With the School Board's approval of the Agreement at the current meeting the City Council and Redevelopment Agency are scheduled to consider action on the agreement at their meeting Tuesday. January 7, 1985. FINANCIAL IMPLICATIONS Approval of the Amended and Restated Redevelopment Agreement for Cooperation will have no immediate impact upon CUSD " s 1985/86 budget but will have significant implications for facilities and finances for the School District over the next 45 years. STAFF RECOMMENDATION It is respectfully recommended the Board of Trustees approve the Amended and Restated Agreement for Cooperation between the Capistrano unified School District,. the San Juan Capistrano Community Redevelopment Agency and the City of San Juan Capistrano - Exhibit A. NOTE: The Board of Trustees may, at its discretion, convene into Closed Session to discuss the agreement before its final approval. ACTION ITEM 122 r 0 W. CRAIG BIDDLE' RICHARD L. HAMILTON CHRISTIAN M. KEINER JACK WILSON Professional Corporation LAW OFFICES OF BIDDLE & HAMILTON HOTEL SENATOR BUILDING SUITE 510 1121 L STREET SACRAMENTO. CALIFORNIA 96614 916-442-7401 December 20, 1985 Mr. Stephen Julian Executive Director COMMUNITY DEVELOPMENT AGENCY City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 0 Re: Redevelopment Agreement/Capistrano Unified School District Dear Mr. Julian: i PLAZA Pursuant to our telephone conversation of December 19, 1985, I am pleased to enclose a duplicate original of the draft proposed agreement which I last shared with you by letter dated November 12, 1985. The only changes made in the agreement are the insertion of the date of January 7, 1986 as the date the agreement is entered into, and deletion of the underscoring on pages 14, 15, 17, 18 and 19. It is my understanding that the duplicate original of this agreement will be presented to the Board of Trustees of the Capistrano Unified School District during its meeting of January 6, 1985, and if the agreement is approved you in turn will present it to both the City and the Redevelopment Agency at their respective meetings on January 7, 1985 for approval. I was glad you were able to report that based upon your pre- vious review of the draft of the enclosed original, you an- ticipate no difficulty in having this matter approved by both the City and the Agency. Either Superintendent Thornsley or I will be in contact with you immediately after the Board meeting on January 6, 1985. Very truly yours, BIDDLE & HAMILTON 44,41,16 oil" RICHARD L. HAMILTON RLH:bo cc: Dr. Jerome B. Thornsley r1 u W CRAIG BIDDLE' RICHARD HAMILTON CHRISTIAN M KEINER JACK WILSON Professional Corporation LAW OFFICES OF BIDDLE & HAMILTON HOTEL SENATOR BUILDING SUITE 510 1121 L STREET SACRAMENTO. CALIFORNIA 95614 916-442-7401 November 12, 1985 Mr. Stephen Julian Executive Director COMMUNITY DEVELOPMENT AGENCY City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 0 ORANGE COUNTY 51 TOWN 8 COUNTRY BUSINESS PLAZA 1111 TOWN 6 COUNTRY ROAD ORANGE, CALIFORNIA 92868 714-541-3588 Re: Redevelopment agreement/Capistrano Unified School District Dear Mr. Julian: Enclosed is a further revision of the Amended and Restated Agreement for Cooperation between the District, City of San Juan Capistrano and the San Juan Capistrano Community Redevelopment Agency. This proposal takes into consideration those items which I have specifically discussed with you by telephone subsequent to review by the Board of Trustees, Capistrano Unified School Dis- trict on October 7, 1985. Specifically, your attention is directed to Section 5.2(a) and the requirement for the agency to maintain the exterior of the Capistrano school during the lease period, and the District having responsibility for interior maintenance. Your attention is also directed to Section 5.4(b) extending the period for construction of the pool from eight (8) to ten (10) years with the requirement that no construction can commence on Parcel B unless simultaneous construction starts on the pool. Please note as well in Paragraph 5.7 that transfer of the library site is included and that acreage (9.5 acres) equal to Parcel A and B as well as the Library Site is identified as the size of the site which the Agency/City is obligated to transfer as part of the exchange with the District. Note too that comparable footage in the amount of 24,900 square feet is specified for the new facility in exchange for ex- isting facilities at Capistrano school. Mr. Stephen Julian COMMUNITY DEVELOPMENT AGENCY November 12, 1985 Page Two A provision has been added in Section 5.9 requiring the Agency or City to convey a site of 2.5 acres (equal to Parcel A) should Agency or City do nothing more than build the required gymnasium in conjunction with construction of the City Hall. I hope this revision meets with both Agency/City approval and that we can enter into the final process for obtaining formal approval of this agreement. Very truly yours, BIDDLE & HAMILTON RICHARD L. HAMILTON RLH:km Enclosure cc: Dr. Jerome R. Thornsley Mr. William Dawson 11y I,1 � J • LAW OFFICES OF BIDDLE & HAMILTON HOTEL SENATOR BUILDING SUITE 510 1121 L STREET SACRAMENTO, CALIFORNIA 95814 916-442-7401 W CRAIG BIDDLE' RICHARD L HAMILTON CHRISTIAN M KEINER JACK WILSON 'Professional Corporation Mr. Stephen Julian Executive Director Community Development Agency City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Redevelopment Agreement Dear Mr. Julian: August 12, 1985 ORANGE COUNTY 51 TOWN & COUNTRY BUSINESS PLAZA 1111 TOWN 6 COUNTRY ROAD ORANGE, CALIFORNIA 92888 714-541-3588 Enclosed is a further District proposed revision of the Amended and Restated Agreement for Cooperation Between the District, City of San Juan Capistrano and the San Juan Capistrano Community Redevelopment Agency. To facilitate your review, I have underscored additions to this Agreement, distinguishing it from the District's last proposal of February 27, 1985 and have indicated deletions with The changes are intended to incorporate the views you and I expressed at our meeting of July 9, 1985. Title to District property conveyed will, upon the specified conditions, revert to the District by powers of termination to be held by the District as specified in transfer of title documents. I look forward to meeting with you on August 21, 1985 at 2:00 p.m. in your offices to further discuss this Amended and Re- stated Agreement. Very truly yours, BIDDLE & HAMI[LTON - A..Z RICHARD L. HAMILTQN b: RLH:deb �+ Enclosure 3iA i�� ��• n u Mr. Stephen Julian Community Development Agency City of San Juan Capistrano August 12, 1985 Page Two cc: Mr. Tom Clark Dr. Jerome Thornsley Mr. Bill Dawson Mr. Mike Vail so ORANGE COUNTY • 51 TOWN & COUNTRY BUSINESS PLAZA LAW OFFICES OF 1111 TOWN A COUNTRY ROAD CHRISTIAN M. KEINER BIDDLE & HAMILTON JACK WILSON 714-541-3568 HOTEL SENATOR BUILDING SUITE 510 1121 L STREET SACRAMENTO. CALIFORNIA M814 91&442-7401 W. CRAIG BIDDLE' ORANGE COUNTY RICHARD L. HAMILTON 51 TOWN & COUNTRY BUSINESS PLAZA HALINA F OSINSKI 1111 TOWN A COUNTRY ROAD CHRISTIAN M. KEINER ORANGE. CALIFORNIA 92686 JACK WILSON 714-541-3568 'P,otnsmal Corporation February 27, 1985 Mr. Stephen Julian Executive Director COMMUNITY DEVELOPMENT AGENCY m' City of San Juan Capistrano _ ra 32400 Paseo Adelanto " - San Juan Capistrano, California 92675 Re: Redevelopment Agreement - Dear Mr. Julian: - c Enclosed for your review and consideration is a revision -:'of the Amended and Restated Agreement for Cooperation Between the Capistrano Unified School District and the San Juan Community Redevelopment Agency and the City of San Juan Capistrano as proposed by the Capistrano Unified School District after review- ing the proposal made by the Agency on or about November 5, 1984. It is anticipated by the Board of Trustees of the Capistrano Unified School District that after reviewing this proposal you may wish to meet with Mr. Dawson and myself to discuss the changes, the reasons therefore, and to perhaps discuss counter proposals which might be acceptable to the Board of Trustees. Should that be the case, please contact Bill Dawson at the Dis- trict Office to arrange a mutually satisfactory date and time. Mr. Dawson and I look forward in working with you and your staff in reaching an amended and restated agreement mutually ac- ceptable to all parties. Very truly yours, BIDDL� HAM/�� RICHARD L. HAMILTON RLH:cad CC: Dr. Jerome Thornsley Mr. William F. Dawson San Juan Capistrano Community Redevelopment Agency � � 1 October 8, 1984 Dr. Jerome Thornsley, Superintendent Capistrano Unified School District 32972 Calle Perfecto San Juan Capistrano, California 92675 Dear Jerry, The attached draft agreement includes all of the changes recommended by Agency Counsel Tom Clark as well as those recommended by Bill Dawson. I have penned in the latter on page 11. Tom Clark's changes do not affect any substantive part of the agreement but do improve the clarity of the document. If you can agendize this item for your Board meeting of October 15, 1984, I will do so for our Agency Board meeting of the 16th. Our Council and Agency Board have already approved the draft, subject to your review. I know they will have no difficulty with the changes requested by the District. - I will have two originals prepared and delivered to your office by not later than Wednesday, October 10, 1984. While this schedule is tight, I know that you are as anxious as I am to conclude this matter as expeditiously as possible. Should you have any questions or require additional information, please give me a call. Thanks for your cooperation. Yours very truly, J ep en Julian Executive Director SBJ:cj Enclosure ��� - L'OU.✓PLc 32400 Paseo Adelanto San Juan Capistrano � California 92675 J 714-493-1171 • • STHADLING, YOCCA, CARTS02; Etc HANTS A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 660 NEWPORT CENTER DRIVE. SUITE 1600 WELLS FARGO BANK BUILDING JOBN E. BaECEE7IaxaOE POST OFFICE BOX 7660 Or COun3[L NEWPORT BEACB, CALIFOB.vId 920006401 TELEPI ONE (714) 0x0-7033 TELECOPIER (714) 640.7332 TEICE EA' September 24, 1984 Mr. Steve Julian San Juan Capistrano Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Amended and Restated Agreement for Cooperation Capistrano Unified School District, et al. Dear Steve: Enclosed please find a revised red -lined version of the Capistrano Unified School District Agreement. I don't believe that the changes are substantial but I hope that the draft clarifies the Agreement. Please call with any questions or comments. Very truly yours, Thomas P. Clark, Jr. TPC:jm Enclosures cc: John Shaw 0 4 (68.38) AMENDED AND RESTATED COOPERATIO Written Communications: Report dated November 20, 1984, from the Executive Director, advising that the School District Board of Trustees appointed a committee to meet with their legal counsel to discuss concerns regarding the language of the agreement; that the District had not been able to advise of a date by which the matter would be concluded. The report recommended rescheduling the matter as appropriate. Rescheduling of Agreement: It was moved by Director Hausdorfer, seconded by Director Friess, and unanimously carried to take the matter off the agenda and reschedule as may be appropriate. 1 1/ ao 1g� • AGENDA ITEM November 20, 1984 TO: Community Redevelopment Agency Board of Directors FROM: Stephen B. Julian, Executive Director SUBJECT: Amended and Restated Agreement of Cooperation Between the Capistrano Unified School District, the San Juan Capistrano Community Redevelop- ment Agency and the City of San Juan Capistrano SITUATION: Our office has been advised by Superintendent Thornsley that the CUSD Board of Trustees has appointed Board Members Kopp, Ward and Haseman to review the agreement between the District, the Agency and the City with their legal counsel, whom we have been advised is a Mr. Hamilton from the Sacramento area. Upon completion of their review with Mr. Hamilton, the committee will be prepared to meet with representatives of the Agency to discuss their concerns regarding the language of the agreement. As of this date, the District has not contacted my office regarding an appointment to meet with the committee, nor has the District been able to advise of a date by which we could expect this matter to be concluded. In light of the fact that the District believes it requires additional time to review this agreement with their legal counsel and is apparently unable at this time to conclude the agreement, I believe it would be in the interest of both parties to take this matter off agenda and to reschedule it as may be appropriate. ALTERNATE ACTIONS: 1. Request additional information from staff. 2. Continue the item to the next regular meeting. 3. Take the item off agenda and reschedule when appropriate. RECOMMENDATION: By motion, take this matter off the agenda and reschedule as may be appropriate. ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- Respectfully submitted, /'e� Stephen B. Julian EC1R CITE C;OtJI3�9�. AC, NiJA SAN November 8, 1984 Dr. Jerome Thornsley, Superintendent Capistrano Unified School District 32972 Calle Perfecto San Juan Capistrano, California 92675 92675 Re: Amended and Restated Cooperation Agreement Dear Dr. Thornsley: At their respective meetings of November 6, 1984, the City Council and the San Juan Capistrano Community Redevelopment Agency continued the items regarding the Amended and Restated Cooperation Agreement with Capistrano Unified School District to their meetings of November 20, 1984. Copies of the Staff Reports and Agendas will be forwarded to you prior to the meetings. If you have any questions, please don't hesitate to call. Very truly yours, MARY ANN HA OVER, CMC City Clerk MAH/mac cc: City Manager Cherie Whittaker Virginia Sherwood Don Parker Tim Campbell AGENDA ITEM November 6, 1984 TO: Chairman and Members of the Board of Directors Community Redevelopment Agency FROM: Stephen B. Julian, Executive Director SUBJECT: Amended and Restated Agreement for Cooperation Between the Capistrano Unified School District and the San Juan Capistrano Community Redevelopment Agency and the City of San Juan Capistrano SITUATION: The Capistrano Unified School District and the San Juan Capistrano Community Redevelopment Agency have reached a tentative agreement for cooperation between the District, the City, and the Community Redevelopment Agency. Among other things, the agreement provides for the acquisition of the Capistrano Elementary School site (old high school site) with a lease -back to the District of the permanent buildings which will continue in use as the adult education and continuation high school facilities until such time as they can be relocated to new facilities which would be constructed by the Agency as provided by this agreement. In return for the acquisition of the Capistrano Elementary School site, the Agency will agree to construct a sports center at Capistrano Valley High School. In addition to the foregoing, this agreement resolves concerns expressed within the community regarding the redevelopment of the San Juan Elementary School site. The agreement provides for the future development of portions of the school site in conjunction with Spring Street and adjacent commercially developed property. The San Juan Elementary School would be re -oriented toward Buchheim Field, and Buchheim Field and the Little League facilities, which are part of the San Juan School site, would be developed as a joint School District/City recreation and physical education facility. This agreement also restates the previous agree- ment entered into between the Capistrano Unified School District, the City, and the Community Redevelopment Agency. The transfer of School District property is subject to the review of the State Department of Education, and although it is not necessary for this agreement to recite this requirement or to include the State Department of Education as a party of this agreement, it is important that the Agency Board of Directors, the City Council, and the CUSD Board of Trustees to be aware of this requirement. The CUSD Board of Trustees will have considered this agreement at their meeting of November 5th and I have been informed by Superintendent Thornsley and other CUSD officials that approval of this agreement by the Board without any additional changes is anticipated. A final draft of this agreement has been circulated to the "Save Our School" group and other interested parties. BOARD/COMMISSION REVIEW & RECOMMENDATION: Not applicable. FINANCIAL CONSIDERATIONS: There is no immediate financial impact upon exercising its option to acquire as provided for within this agreement, FOR Cl -,,r :. C,.i NC!L %GE N DA .4. upon the Agency or the City. However, the Capistrano Elementary School site, the Community Redevelopment Agency /� 0 Agenda Item - CUSD/CRA Agreement -2- November 6, 1984 will obligate itself to construct the sports center at Capistrano Valley High School which has an estimated construction cost of $2.5 million. This agreement provides for the sports center to be constructed in two phases; Phase I of which shall consist of a gymnasium, construction for which shall commence not later than the end of the fifth year following conveyance of title to the Agency, with Phase II consisting of a 50 meter competition swimming pool with construc- tion commencing not later than the end of the seventh year following conveyance of title to the Agency. All other provisions of this agreement are subject to the availability of sufficient funds to accomplish the remaining provisions of this agreement. ALTERNATE ACTIONS: Do not approve this agreement. Postpone approval of the agreement and direct staff to provide additional information. Approve the agreement and forward a recommendation of approval to the City Council. RECOMMENDATION: By motion, approve the Amended and Restated Agreement for Cooperation Between the Capistrano Unified School District and the San Juan Capistrano Community Redevelopment Agency and the City of San Juan Capistrano, and authorize the Chairman of the Agency Board of Directors to execute the agreement on behalf of the Agency. In addition, forward this agreement to the City Council with a recommendation of approval. Respectfully submitted, IL Stephen B. Juli SBJ.cj Attachment 0 0 COMMUNITYREDEVELOPMENTAGENCY AGENDA ITEM October 16, 1984 a TO: Chairman and Board of Director FROM: Stephen B. Julian, Executive Director SUBJECT: CAPISTRANO UNIFIED SCHOOL DISTRICT - COMMUNITY REDEVELOPMENT AGREEMENT UPDATE SITUATION: School District Superintendent Jerome Thornsley has informed me that the final draft agreement has been reviewed and no changes are anticipated. Due to the fact that they will not have all the Board members present at their October 15th meeting, the full Board will formally act on the matter at their meeting of November 5th. The final draft agreement which is submitted herewith, has been circulated to the Save Our School group and other interested parties. ------------------------------------------- ------------------------------------------- RECOMMENDATION: DiFect that the agreement be placed on the formal action by the CRA Board of Directors City Council action. ------------------------------------------- ------------------------------------------- Respectfully Submitted, tep5BJulian SBJ/fwm FOR CITY COUNCIL AGENDA .. CRA agenda of November 6th for and the City Council Agenda for CR -)q 10 IO 0 0 1. PARTIES AND DATE 1.1 This Amended and Restated Agreement is entered into this 6th day Of Noverher , 1984, 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 Corporation ("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, 1984. 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, which ordinances approve the San Juan Capistrano Central Redevelopment Project ("Redevelopment Plan") and establishes the San Juan Capistrano Central Project Area ("Project Area") pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) for the redevelopment, replanning and redesigning of certain blighted areas within the City of San Juan Capistrano which require redevelopment in the interest of health, safety, and general welfare of the City of San Juan Capistrano. 0 2. AMENDED AND RESTATED COOPERATION AGREEMENT (CUSD) (38/#9) (68.38) The Executive Director advised that at their November 5, 1984, meeting, the Capistrano Unified School District Board of Trustees had continued consideration of this item. It was moved by Director Friess, seconded by Director Hausdorfer, and unanimously carried that this item be continued for consideration at the Agency meeting of November 20, 1984. npe5qq 0 San Juan Capistrano Community Redevelopment Agency October 18, 1984 Tim Campbell Save Our School 31574 Los Rios Street San Juan Capistrano, California 92675 Re: Capistrano Unif Dear Mr. Campbell: L District - Communi At their meeting of October 16, 1984, the Community Redevelopment Agency reviewed the final draft Agreement between Capistrano Unified School District, the San Juan Community Redevelopment Agency, and the City of San Juan Capistrano. The Agreement will be placed on the Community Redevelopment Agency and City Council Agendas for their respective adjourned regular meetings on Wednesday, November 7, 1984. A copy of the Agendas will be forwarded to you prior to the meetings. If you have any questions, please don't hesitate to call. Very truly yours, MARY ANN- ANOVER, CMC Agency Secretary MAH/mac cc: Executive Director 32400 Paseo Adelanto San Juan Capistrano California 92675 714-493-1171 0 0 COMMUNITY REDEVELOPMENT AGENCY AGENDA ITEM October 16, 1984 TO: Chairman and Board of Director FROM: Stephen B. Julian, Executive Director SUBJECT: CAPISTRANO UNIFIED SCHOOL DISTRICT - COMMUNITY REDEVELOPMENT AGREEMENT UPDATE SITUATION: School District Superintendent Jerome Thornsley has informed me that the final draft agreement has been reviewed and no changes are anticipated. Due to the fact that they will not have all the Board members present at their October 15th meeting, the full Board will formally act on the matter at their meeting of November 5th. The final draft agreement which is submitted herewith, has been circulated to the Save Our School group and other interested parties. --------------------------------------------------------------------------- --------------------------------------------------------------------------- RECOMMENDATION: Direct that the agreement be placed on the CRA agenda of November 6th for formal action by the CRA Board of Directors and the City Council Agenda for City Council action. --------------------------------------------------------------------------- --------------------------------------------------------------------------- Respectfully Submitted, tephe B. Julian SBJ/fwm FOR CITY COUNCIL AGENDA .. ( ' XTT B 2. CAPISTRANO UNIFIED SCHOOL DISTRICT/AGENCY AGREEMENT UPDATE (68.38) Written Communications: Report dated October 16, 1984, from the Executive Director, forwarding the final draft Cooperation Agreement between the Agency, the School District, and the City of San Juan Capistrano. The report advised that the School District reviewed the draft agreement and no changes were anticipated; however, the School Board would not formally act on the matter until their meeting of November 5, 1984. The report further advised that the draft agreement had been circulated to the Save Our School group and other interested parties. Scheduling of Formal Action: It was moved by Director Hausdorfer, seconded by Director Friess, and unanimously carried to direct that the agreement be placed on the Community Redevelopment Agency Agenda and the City Council Agenda for the November 6, 1984, meeting for formal action by the Board of Directors and the City Council. That meeting was subsequently rescheduled to Wednesday, November 7, 1984. San Juan Capistrano Community Redevelopment Agency TO: Tom Clark, Agency Counsel FROM: Mary Ann Hanover, Agency Secretary DATE: September 5, 1984 SUBJECT: Documents Requiring Signatures Enclosed are the following documents: (1) Agreement for Cooperation Between the Capistrano Unified School District and the San Juan Capistrano Community Redevelopment Agency and the City of San Juan Capistrano (Sign two copies) (2) Owner Participation Agreement (Chazan) (Sign two copies) (3) Joint Escrow Instructions and Agreement for Purchase and Sale of Real Property (Sign five copies) Your signature is needed on the signature pages of each document and copies thereof as indicated by clips. It is very important that we have these documents returned to our office by 5:00 p.m. on Thursday, September 6, 1984. A representative from our Planning Department is dropping the documents off at your office today. Please arrange for a courier to return the signed documents to our office no later than 5:00 p.m. tomorrow. Thank you for your cooperation. 4 i �-- MARY MAH/mac Enclosures d. Z/. S ,o.. 32400 Paseo Adelanto milev San Juan Capistrano California 92675 714-498-1171 PEGASUS Courier Service (714) 54&1888 1 24 HOUR SERVICE ❑ RUSH Ok. SUPER PrTE AUTHORIZED BY O REGULAR RUSH ST'RADL.1,Mi3 YOCCrl C.i-Ir+t ')Of+ t_ I _ ADDRESS 660 NEWPOPT CE hi'1'ER DRIVE :61H CITY PHONE NEWPORT BEACH, CA 132660, _"i : 61: /O,S ADDRESS - CHARGE � ! g°'�, CITY RhJ•, �P"'66 �swgPHONE I NAME` �I ADDREB$ 0 C,v ✓I ��. �./'`. L' l l._ .. (1 J l RECEIPT CA AND UNIFIED SCHOOL DISTRICT • San Juan Capistrano, California August 9, 1984 TO: Jerome R. Thornsley, District Superintendent FROM: W. F. Dawson, Asst. Supt., Facilities & Services SUBJECT: AMENDMENTS TO REDEVELOPMENT AGREEMENT WITH CITY OF SAN JUAN CAPISTRANO --------------------------------------------------------------------------------- Following is a general listing of amendments to the above-mentioned agreement which need to be completed in order to implement the concepts that were dis- cussed by Board members and Steve Julian and Tom Merrell of the City on August 6. San Juan School Site 1. A portion of the San Juan School site adjacent to Spring Street will be jointly redeveloped with the abandoned Spring Street property and Parcel 1 as a single unified commercial development. 2. Proceeds of the partial site sale and the sale of the abandoned Spring Street property would be placed in Fund 1. 3. The commercial complex developer or the Redevelopment Agency will pay for refurbishment of San Juan School. 4. An appropriate portion of Buchheim Field will be added to the remaining school site to insure that San Juan School retains the same acreage as it possessed before the partial sale. 5. Tax increment attributable to that portion of the San Juan School site and to the abandoned Spring Street property conveyed to a developer will be placed in Fund 2. Buchheim Field 1. Most of Buchheim Field plus the Little League facility will be conveyed to the City for use as playfields. 2. CUSD will retain exclusive control of Buchheim Field during school hours. 3. R.O.P. will be relocated to the permanent adult education/ continuation school site by the Agency. Capistrano Elementary School Site ("Old Capo") 1. Old Capo title will be conveyed to the Agency. 2. In exchange for Old Capo, the Agency will construct the Sports Center at CVHS. 3. Development of a city hall on the Old Capo site would begin immediately after conveyance of title. Jerome R. Thornsley • . August 9, 1984 Page 2 4. The existing facilities, including adult education, continuation school and other functions, will be leased to the District for one dullar a year until these facilities are relocated to a permanent site by the Agency. 5. After the above-mentioned relocation takes place, development of various public uses on the Old Capo site will be implemented. WFD/lkl AIL SAN March 7, 1984 Tom Clark Stradling, Yocca, Carlson & Ruath Attorney at Law Union Bank Building, Suite 800 P. O. Box 7680 Newport Beach, California 92660-0680 Re: Agreement With Capistrano Unified School District Dear Mr. Clark: As per your request, enclosed please find a copy of the signed agreement between the Community Redevelopment Agency, the City, and Capistrano Unified School District. Very truly yours, MARY ANBY HANOVER, CMC City Clerk MAH/mac Enclosure 9 0 c� SAN AML February 28, 1984 Dr. Jerome Thornsley, Superintendent Capistrano Unified School District 32972 Calle Perfecto San Juan Capistrano, California 92675 Re: Dear Dr. Thornsley: Enclosed please find two copies of the Agreement for Cooperation between the Capistrano Unified School District, the City of San Juan Capistrano, and the Community Redevelopment Agency. This Agreement was approved by the City Council and the Community Redevelopment Agency at their respective meetings on February 21, 1984. Upon approval of the Board of Trustees of the Capistrano Unified School District, please return one fully -executed copy of the Agreement to this office. Thank you for your cooperation. Very truly yours, MARY :N�HA ER, CMC City Clerk MAH/mac Enclosures cc: Community Redevelopment Agency City Manager Director of Community Planning and Development Tom Clark E 32400 PASBO•AD60.ANT(7`,' SAN JUAK CAPISTRANO, GALLFORNJA 92675 FHdNE 49]y l l ] y February 23, 1984 Dr. Jerome Thornsley, Superintendent Capistrano Unified School District 32972 Calle Perfecto San Juan Capistrano, California 92675 0 Re: Agreement between School District, Ci Dear Dr. Thornsley: At their meetings of February 21, 1984, the City Council and the Community Redevelopment Agency approved the Agreement between the Capistrano Unified School District, the City of San Juan Capistrano, and the Community Redevelopment Agency for the use of Buchheim Field. It is our understanding that the Board of Trustees of the Capistrano Unified School District will take formal action on the Agreement at their meeting of March 5, 1984. Your cooperation is appreciated. Very truly yours, ,r MARY ANN HALMOVER, CMC City Clerk MAH/mac cc: Community Redevelopment Agency i% City Manager Director of Community Planning and Development Tom Clark • 0 3. AGREEMENT WITH CAPISTRANO UNIFIED SCHOOL DISTRICT (68.38) It was moved by Director Schwartze, seconded by Director Friess and unanimously carried to approve the Agreement for Cooperation between the City, the Community Redevelopment Agency, and the Capistrano Unified School District for use of Buchheim Field. Director Buchheim noted for the record that Buchheim Field had been named for his father and that neither his family nor heirs have a financial interest in the property. J 0 0 BOARD ACTIONS 1. REDEVELOPMENT PARTICIPATION AGREEMENT (CAPISTRANO UNIFIED SCHOOL DISTRICT) (68.38) The Board was advised that the Agreement had n unanimously approved by the School Board and i ineffective. Chairman Hausdorfer advised that would be unable to acquire Buchheim Field for City Hall site and must move immediately to ch site. The Executive Director advised that an been prepared for discussion in Closed Session resolution of the pending litigation. of been s therefore the Agency the potential oose another agreement had for -)%�jg3 Advisory I Council COUNCIL ANNE FOLEY fission WWIGJO RECEi14'ED November 18, 1983 Letter No. CK 47 c�2,4 CHARLES KENNEY Honorable City Council City of San Juan Capistrano MARILYN MACDOUGALL 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 NORMAN MURRA Y Dear Council Members: LINDA WESTFALL It has been brought to our attention that the City of San Juan Capistrano and the Capistrano Unified School District are considering entering into an agreement which, among other things, provides that • application is to be made for annexation of the vas P Capistrano Valley High School property to the City z of San Juan Capistrano. At the regular meeting of the Mission Viejo Municipal Advisory Council on November 14, 1983 we discussed this proposed annexation and took the following action: MOTION Councilman Murray moved, duly seconded and unanimously carried by the Members present that MAC stands in opposition to annexation by the City of San Juan Capistrano of Capistrano Valley High School or any other parts or portions of CSA 9. Very truly yours, MUP7IC);PAL ADVISORY COUNCIL -@ ?iNKEY CHAIRMAN CGK:er 27027 LA PAZ ROAD, Suite 430 MISSION VIEJO, CALIFORNIA 92691 (714) 581-7610 9 0 5. AMENDMENT OF AGREEMENT FOR COOPERATION BETWEEN THE (68.38) Written Communications: Report ate Septe er 4, 1984, from the Executive Director, advising that due to concerns expressed regarding the proposed redevelopment of the San Juan School site, a mutually acceptable alternative was developed. The report set forth the provisions with regard to the San Juan School Site; Buchheim Field; and, the Old Capistrano High School Site. Exhibits were on display outlining the configuration of San Juan Elementary School and its relationship to Buchheim Field. The Executive Director made an oral report, noting. the proposed reorientation of the school toward Buchheim Field and retention as a school site, demolition of less significant school buildings and incorporation into development on Spring Street, and the rehabilitation of Buchheim Field. He advised that the City Hall facility will be on the Old High School Site. The City will acquire the entire site and lease back the existing permanent facility for continuing education. When a permanent relocation site is found for the continuing education/adult school facility, the balance of the property will be developed for use as a museum and cultural center. He further noted that the proposed agreement had not as yet been reviewed by the Save Our School Committee or the Capistrano Unified School District Board of Trustees. Approval of Draft A reement: It was move by Director Friess, seconded by Director Bland, and unanimously carried to approve the draft agreement and direct the Executive Director to forward the draft to the Capistrano Unified School District Board of Trustees for their review and approval. AGENDA ITEM 0 September 4, 1984 TO: Board of Directors, Community Redevelopment Agency FROM: Stephen B. Julian, Executive Director SUBJECT: Amendment of Agreement for Cooperation Between the Capistrano Unified School District, the San Juan Capistrano Community Redevelopment Agency, and the City of San Juan Capistrano SITUATION: In March, 1984, the Capistrano Unified School District, the San Juan Capistrano Community Redevelopment Agency and the City of San Juan Capistrano entered into a cooperative agreement 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 as well as other public facilities. Among other things that agreement called for was the redevelopment of San Juan Elementary School in conjunction with the adjacent commercial development (between Spring Street and the Ortega Highway) and the construction of a new school facility to replace the San Juan Elementary School. Secondly, the agreement provided for the acquisition of Buchheim Field by the Community Redevelopment Agency, portions of which could be used by the City for the construction of a new city hall. In consideration of the acquisition of Buchheim Field, the agreement provided that the Redevelop- ment Agency would construct a sports center consisting of a gymnasium and swim facilities at Capistrano Valley High School, and further would relocate the ROP program to another suitable location. Thirdly, the agreement provided for the acquisition of the Capistrano Elementary School site (old high school site) by the Redevelopment Agency for the development of a museum, performing arts center, cultural center, and/or other compatible public uses. The Redevelopment Agency would be required to construct replacement facilities for the adult education and continuation school programs at some other as yet undetermined location acceptable to the School District. In addition, the agreement provided for other assistance and cooperation between the School District and the Redevelopment Agency. In response to concerns expressed by parents of children currently attending San Juan Elementary School, former students, and other concerned citizenry regarding the proposal to redevelop the San Juan School site, representatives of the Capistrano Unified School District and the Community Redevelopment Agency have met to explore alternatives to the redevelopment of San Juan Elementary School, and a mutually acceptable alternative has been developed. The alternative essentially provides for the following: San Juan School Site 1. A portion of the San Juan School site adjacent to Spring Street to be jointly redeveloped in conjunction with an abandoned Spring Street right-of-way and the adjacent commercial development. C /? 19 'QR CITY COUNCIL AGENDA` . � 5 9 0 Agenda Item - CUSD/CRA Agreement -2- September 4, 1984 2. San Juan Elementary School will be reoriented from Spring Street toward Buchheim Field, with appropriate portions of Buchheim Field to be added to the remaining school site to retain appro- priate acreage and utility of the school site. The refurbishment of San Juan Elementary School and other improve- ments necessary to reorient the school towards Buchheim Field would be at the expense of the Community Redevelopment Agency and/or the commercial developer. Buchheim Field Buchheim Field and the Little League facilities will be conveyed to the Redevelopment Agency and the City for redevelopment and refurbishment as park, recreational, and athletic facilities. The Capistrano Unified School District will retain control of Buchheim Field while school is in session. The refurbishment and redevelopment of Buchheim Field as described will most likely occur in conjunction with and as part of an overall master plan for the redevelopment of portions of San Juan School. The ROP will be relocated by the Agency. Capistrano Elementary School Site (Old Capistrano High School) 1. Ownership of Capistrano School will be conveyed to the Redevelop- ment Agency in exchange for which the Redevelopment Agency will construct the sports center at Capistrano Valley High School. 2. The City would be permitted to develop a new city hall on the Capistrano Elementary site following conveyance of title to the Agency. 3. The Redevelopment Agency will lease back to the District for $1.00 per year those permanent facilities required for adult education, continuation school, and other District functions until these facilities can be relocated to a permanent site by the Redevelopment Agency. 4. Following the relocation of the adult education, continuation, and other District functions, the Capistrano School site will be developed for public uses which may include a performing arts center, museum, cultural center, fine arts facility, or other similar public or quasi -public uses. 0 Agenda Item - CUSD/CRA Agreement -3- September 4, 1984 With respect to the foregoing alternative, the Superintendent of the Capistrano Unified School District, Dr. Jerome Thornsley,-and I met with representatives of the SAve San Juan School Committee and reviewed this alternative with them. Members of the Committee expressed support for the proposal and concurred with Dr. Thornsley and I that the proposal provides opportunities for the improvement and enhancement of San Juan Elementary School as a neighborhood oriented school. A draft agreement amending and restating the agreement between the Capistrano Unified School District, the Community Redevelopment Agency, and the City of San Juan Capistrano is attached for your review. If the Agency Board of Directors concurs and approves the draft agreement, it will be forwarded to the CUSD Board of Trustees for consideration at their meeting of September 17th. Unless their are additional changes required, final approval of the agreement would be scheduled for the Agency's first meeting in October (October 2, 1984). COMMISSION/BOARD REVIEW, RECOMMENDATION: Not applicable. FINANCIAL CONSIDERATIONS: The revised agreement does not in and of itself entail any additional cost to the Redevelopment Agency or the City of San Juan Capistrano. The ultimate development costs will not be known until specific development plans have been undertaken. It is anticipated, however, that the costs will not exceed those already contemplated within the existing Redevelopment Plan adopted by the Agency. ALTERNATE ACTIONS: Approve the draft agreement and direct the Executive Director to forward the draft to the Capistrano Unified School District Board of Trustees for their review and approval. 2. Revise the draft agreement as the Board may determine to be appropriate. Request additional information from staff. RECOMMENDATION: Approve the draft agreement and direct the Executive Director to forward the draft to the Capistrano Unified School District Board of Trustees for their review and approval. ---- -------------------------------------------------------- Resp full sub d, St phen B. ian SBJ:cj MEMORANDUM August 30, 1984 TO: Board of Directors, Community Redevelopment Agency FROM: Stephen B. Julian, Executive Director SUBJECT: CUSD/CRA Agreement Amendment The draft amendment to the CUSD/CRA agreement was not completed in time for packet distribution. The amendment will be forwarded to the Board prior to the meeting of September 4th. S J:cj 0 BOARD ACTIONS 1. CAPISTRANO UNIFIED NT (COUNTY OF ORANGE) (68.38) It was moved by Director Buchheim, seconded by Director Schwartze and unanimously carried to continue the items to the next regular meeting date of Tuesday, December 6, 1983. CLOSED SESSION The Board recessed at 8:52 p.m., to reconvene the City Council meeting. The Board convened in a Closed Session at 9:44 p.m., for discussion of legal matters, the Agency Secretary being excused therefrom, and reconvened at 10:49 p.m. ,.i i- / I S a) 0 BOARD ACTIONS REDEVELOPMENT PARTICIPATION AGREEMENT CAPISTRANO UNIFIED SCHOOL DISTRICT 0 (68.38) It was moved by Director Bland, seconded by Director Friess and unanimously carried, with Director Schwartze absent, to authorize the Agency Counsel to proceed with defense of litigation initiated by the Capistrano Unified School District, and to report on the status of the matter at the meeting of November 15, 1983. 1gZj%3 Z400 i 1 ' -" &'1. I SAN J PtSTRA"R CAl:LF E 92675 November 7, 1983 Dr. Jerome Thornsley, Superintendent Capistrano unified School District 32972 Calle Perfecto San Juan Capistrano, California 92675 Dear Jerry, Per our conversation of November 7th, I have not completed the draft of our letter to the School Board. I do, however, wish to tell you why our Redevelopment Agency Board has requested a meeting with representatives of the School Board. The Redevelopment Agency Board was most pleased that the School Board took the time to have a representative personally attend our meeting and to express the Board of Trustee's desire to continue to work with the Agency in an effort to reach an agreement. As I indicated to you by telephone, our Board has reviewed the list of concerns and believes that we may be able to arrive at an understanding and hopefully agreement on most, if not all, of the issues. It was our Board's opinion that our respective staffs have been working on this matter for some time and that perhaps now was the appropriate time for representatives of our Board to meet directly with representatives of your Board. While it is understood that the representatives of our respective bodies could not bind either agency, as a result of our meeting,it would certainly be possible to communicate the level of sincerity, concern, interest and attitude of our respective Boards one to another. It was the feeling of the Agency Board that, like the Board of Trustees, they are ultimately responsible for making the decision and as a measure of good faith, that it would certainly not be inappropriate or harmful for a delegation of our Board to meet with a delegation of your Board. We are hopeful, if not confident, that such a meeting will produce a better understanding between our respective agencies. Yours very truly, to en B. liar �AJn) A -) C, -City Manager SBJ:ch 0 0 BOARD ACTIONS 1. REDEVELOPMENT PARTICIPATION AGREEMENT (CAPISTRANO UNIFIED SCHOOL DISTRICT (68.38) Written Communications; (1) Report dated November 1, 1983, from the Deputy Director, forwarding an agreement between the School District, the Redevelopment Agency, and the City to implement redevelopment goals of both the School District and Redevelopment Agency. Costs of the capital projects called for in the agreement have not been estimated; however, funding sources are identified. The agreement provides that the Agency's obligation to perform capital projects is subject to availability of funding. The report recommends approval and authorization for the Chairman to execute the agreement subject to effective dismissal of all litigation, with prejudice, attacking the validity of the Redevelopment Plan. (2) Letter dated November 1, 1983, from A. Edward Westberg, President of the Board of Trustees of the Capistrano Unified School District, 32972 Calle Perfecto, San Juar. Capistrano, listing six major concerns with the proposed agreement; forwarding a list of objectives agreed upon between the District and the Agency; and, advising that the District is willing to continue negotiations. Paul B. Haseman, Clerk of the Board of Trustees of the Capistrano Unified School District, stated that the District had worked diligently to reach an agreement with the Agency, but noted that the District still has concerns as outlined in the November 1st letter. He forwarded the District's appreciation for the cooperation received and advised that the District is willing to continue negotiations and hopes that the Agency will review the letter to determine if agreement can be reached on the concerns. Chairman Hausdorfer thanked the District staff for their cooperation. No action was taken on the item. ANNETTE 8. Ca ist0ano Unified P f School District Vice President As you are aware, the School District and the City have been concerned PAUL B. with completing a cooperative agreement to provide for redevelopment N of certain facilities. The goals and objectives of an agreement have "ExaeUence bt Educa.ri.on" E.G 'TED' 32972 Calle Perfecto, San Juan Capistrano, California 92675 Phone (714) 496-1215/837-5181 KOPmember facilities, and commercial development of school property. Perhaps DAWSON the project was too ambitious, given the time constraints within which .IAN OVERTON November 1, 1983 Member IF 3 BOARD OF TRUSTEES from the sale or exchange District properties. The WARD We commend our respective representatives who have spent many hours Member trying to put together a mutually beneficial agreement; however, some GEORGE L. areas are still of major concern to the District. The Board of Trustees A. EDWARD Honorable City Council Members Member they are contained in the proposed agreement: sTBER G. D.D.S. President City of San Juan Capistrano LINDA A. We are concerned that language has been deleted concern - ANNETTE 8. Gentlemen: GLIDE Health and Safety Code that any payments required under Vice President As you are aware, the School District and the City have been concerned PAUL B. with completing a cooperative agreement to provide for redevelopment N of certain facilities. The goals and objectives of an agreement have Clerk Clerk included a complex blend of property exchanges, a city hall site, relo- E.G 'TED' cation of existing school facilities, construction of new school KOPmember facilities, and commercial development of school property. Perhaps DAWSON the project was too ambitious, given the time constraints within which .IAN OVERTON the parties have to function. A list of the agreed upon objectives is Member attached for your information. CHARLES H. from the sale or exchange District properties. The WARD We commend our respective representatives who have spent many hours Member trying to put together a mutually beneficial agreement; however, some GEORGE L. areas are still of major concern to the District. The Board of Trustees WHITE wishes the City Council members to fully understand these concerns as Member they are contained in the proposed agreement: DISTRICT 1. The agreement does not contain a finding pursuant to ADMINISTRATION Health and Safety Code that any payments required under the agreement are appropriate to "alleviate any finan- JEROME R. cial burden or detriment caused" to the School District THORNSLEY, Ea. D. by the San Juan Capistrano Central Redevelopment Project. District The District is concerned that the absence of such a SuDertntenDent finding weakens the enforceability of the agreement. WILLIAM F. DAWSON 2. There is no assurance that the project priorities estab- Assistant Superintendent, Supernte lished b the School District will be honored b the Y y Facilities& agency even when funding for such projects is derived Services from the sale or exchange District properties. The GEORGE A. District is concerned that future disputes could develop DIES, Ed. D. over any adjustments in priorities. Assistant superintendent,msvucnonal 3. The proposed agreement contemplates an amendment to Operations extend the life of the agency to generate additional tax increment with which to accomplish our mutual goals. LINDA A. We are concerned that language has been deleted concern - KRONER Director, ing legal defense of any challenge to such an agreement Employee and indeed the agency has reserved the right to be under Relations no obligation to defend a challenge to the amendment. CAROLE F. BAILEY Director, Fiscal Services City Council -2- November 1, 1983 City of San Juan Capistrano The District is further concerned that if it is being requested to convey the Buchheim property upon execution of the agreement, it has a right to expect that the full weight of the City and Agency should be brought to successfully amend the plan and to defend the amendment, if necessary. The District stands ready to join with the City and Agency in any legal action which might be necessary to defend our mutual interests. 4. The proposed amendment specifies as a project the "acquisition of the Capistrano School site and the establishment of a per- forming arts cultural center and/or other public uses thereon." The proposed agreement, however, contains language which is only permissive towards accomplishing this goal. The District is concerned that if it is to convey this site for public use, a stronger commitment needs to be made by the Agency. 5. The issue of annexing the Capistrano Valley High School (CVHS) to the City as a precedent for the construction of a sports center at that site is a formidable obstacle to the agreement. The District and the City Council have recently received notice of opposition by the Mission Viejo Company to such annexation. The proposed agreement provides for the sports center to be built at another site should annexation fail. However, as a practical matter, the sports center with its gymnasium and athletic facili- ties is only advantageous to the District if it is constructed at CVHS. The District does not wish to cause an unnecessary confrontation regarding annexation and feels there can be a finding by the Council that the construction of the sports center at CVHS would benefit the project area and would be a legitimate use of redevelopment funding. 6. The proposed agreement clearly provides for the immediate conveyance of Buchheim Field for the City Hall site without any assurance that either the amendment or the redevelopment plan will be ultimately adopted. The District understands the desire of the City to move ahead with its plans for a City Hall site and concurs in your request for immedate conveyance. The District is concerned, however, that with regard to District goals and objectives the proposed agreement is probably vague and without commitment by the Agency. The agreement contains provisions that allows the Agency to accomplish its goals but further contains disclaimers of responsibility to accomplish District goals. 0 City Council -3- November 1, 1983 City of San Juan Capistrano As has been mentioned earlier, perhaps we have collectively been too ambitious in trying to arrive at many goals for inclusion into the agree- ment. Given the immediate time constraint of the City Hall location, perhaps we should promptly agree to table the larger scope and focus instead on a limited purpose agreement. The District wishes you to know that it would be willing to continue negotiations to address the above concerns. Should the City, however, wish to only focus on a City Hall site, the District would also be willing to negotiate for the site as well as a simple participation agreement whereby the District could share in redevelopment activities. Whenever a simple agreement is completed, the parties could then continue to pursue an expanded agreement which addresses those areas of mutual benefit. The District wishes to thank the Council and administrative staff for the many hours devoted on behalf of our mutual constituency. Sincerely, A. Edward Westberg, D.D.S. (� President Board of Trustees st cc: Mr. Steve Julian Mr. Tom Merrill 0 PROPOSED POINTS OF AGREEMENT FOR THE REDEVELOPMENT AGENCY AND CUSD II. Specific Objectives A. To accomplish the following for the benefit of CUSD: 1. Relocate San Juan School 2. Relocate ROP 3. Relocate Continuation School and Adult Education facilities 4. Construct sports center at CVHS 5. Rehabilitate public schools serving City residents 6. Provide operational funds from revenue derived from the sale and tax increment on San Juan School 7. Construct performing arts and cultural center on old Capistrano High School site B. To accomplish the following for City/Agency: 1. Redevelopment of San Juan School and adjoining Stroschein properties into a single unified high intensity development carrying out downtown master plan goals and generating anticipated increment revenues 2. City ownership of Buchheim Field 3. New City Hall on Buchheim Field 4. Community recreation center developed on Buchheim Field 5. City ownership of old Capistrano High School site (including library) 6. Performing arts and cultural center on old Capistrano High School site 7. Capistrano Valley High School annexed to City AGENDA ITEM November 1, 1983 TO: Stephen B. Julian, Executive Director Community Redevelopment Agency FROM: Thomas G. Merrell, Deputy Director Community Redevelopment Agency SUBJECT: Redevelopment Participation Agreement (Capistrano Unified School District) SITUATION For the past several months staff and consultants for both the Capistrano Unified School District (CUSD) and the City have been working out a Redevelopment Participation Agreement. Even though these discussions arose out of CUSD's involvement in the Redevelopment Agency fiscal review process, the agreement is not predicated upon mitigating fiscal burden or detriment caused by tax increment financing. Instead, it is based upon the need to implement redevelopment goals of both agencies. Thus, the agreement represents a partnership between the City Redevelopment Agency and CUSD. The key provisions in the agreement are as follows: 1. San Juan Elementary School is to be redeveloped. A new replacement school will be constructed within the community. School district tax increment from this development will be used for other projects benefiting CUSD and the project area. 2. Buchheim Field will be conveyed from CUSD to the Agency immediately upon entering into this agreement. The ROP facilities on Buchheim Field will be relocated to a new permanent site. (In the event the San Juan School is not redeveloped within five years or a Redevelopment Plan amendment implementing these revisions cannot be adopted, the Agency would be required to compensate CUSD for its conveyance of Buchheim Field.) 3. The Agency will construct a sports center, consisting of a swimming pool and gymnasium at Capistrano Valley High School, subject to annexation of the high school site into the City. 4. The Agency may receive ownership of the old Capistrano Elementary School site, including the library site, upon relocating the adult education continuation school to a new permanent site. FOR CITY COUNCIL AGENDA W4 Agenda Item -2- November 1, 1983 5. The Agency may fund the replacement for San Juan School and the proposed sports center from proceeds of sale of the San Juan Elementary School. The Agency may be required to supplement these funds should proceeds of sale be insufficient. 6. The Agency will process a Redevelopment Plan amendment to extend the life of the project from 35 to 45 years in order to expand the Agency's bonding capacity to carry out other projects of CUSD. Extraordinary tax increment, as defined in the agreement, will also be utilized for this purpose. Examples of projects which may he funded from this source are rehabilitation of public schools serving City residents, performing arts center, an instructional media and data processing center, addition of temporary or permanent classrooms and other facilities which benefit the project area. 7. All funds accumulated by the Agency to be used for projects which benefit CUSD under this agreement will be held in trust by the Agency separately from other Agency funds. It is important to note that the foundation of this agreement is to leave the original Redevelopment Plan and its capital projects and funding sources totally intact. All of the projects to be carried out under this agreement are to be funded from revenue sources above and beyond those anticipated in the existing adopted Redevelopment Plan. Staff believes that this agreement will greatly benefit both parties. It will enable the school district to modernize and upgrade its facilities. It provides for the City to implement its Downtown Master Plan and maintain Buchheim Field and the old Capistrano Elementary School in public use. The conveyance of Buchheim Field to the City will give the City Council the option of considering this site for our proposed new City Hall. While it is expected to take many years to fulfill all the provisions contained in the agreement, the outcome of this newly formed partnership will clearly benefit the public both agencies serve. FINANCIAL CONSIDERATIONS The Agency will bear administrative costs to process the proposed amendment to the Redevelopment Plan from Account No. 01-9000-111. Costs of the capital projects called for in the agreement have not been estimated at this time. However, funding sources for all capital projects are identified in the agreement. Further, the agreement provides that the Agency's obligation to perform capital projects is subject to availability of funding. Agenda Item -3- November 1, 1983 COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable. ALTERNATE ACTIONS 1. Approve the agreement and authorize the Chairman of the Board of Directors of the Agency to execute it subject to effective dismissal of all litigation, with prejudice, attacking the validity of the Redevelopment Plan. 2. Do not approve the agreement. 3. Do not approve the agreement and identify additional concerns or issues to be considered. RECOMMENDATION Approve the agreement and authorize the Chairman of the Board of Directors of the Agency to execute it subject to effective dismissal of all litigation, with prejudice, attacking the validity of the Redevelopment Plan. Respectfully submitted, Thomas G. Merrell, Deputy Director Community Redevelopment Agency TGM:lcl Attachment I sUl that corbain real property ,,ituaUc:d iii the state of California, count7r W. Ovan­o, cit' -o Jmloscri' cd v, df011ow;,;: p,­ia',G_i0n,,.,, D1. ' .Doti: 1, 2, act.l I, i,i Dloc!7 B Of Tvart NO. 800, :;Ilimm oil rccorOic(A in boot, 11 oll in 11, and Dlo-1- Il of -ian JI.-Iml 0'11.1):L`. vano, au Oil, 7 o U,i i�'IIL luctic)o In t I.,--ollud Zinc, "n.0 J.' a; "t, f-mavtc::r of the-. i1ovt1oa-;t t,uartcr of "':o ction n J JD, A "o ]:),I, all(', 111Lic; Cii c1 Norbhoa,ltorly coi­�,.o of Lot 9 In Mock b Oa -1 C IT � t 11.7'.11.7'.G'00; andu rnninL. tnc. hao''ouer t, ly alollcho � t-Itt.".-Oly lillo _1�1 c T.vl-,cb lio, ii(J[S, u diotalloc'. of, ''50.00 tl('ot to thc, tilov tj `U- oi, Lat 1+,itl t,,aj.cl .11,11oc1c U ol, ;To. 808, tholicc. alon"', th(3 ifov�11111Y linc, of uai.Ci Lot Ii. a 61otance of 6.00 to :;filo L'o-vt],turly tc"rl%linun of the 'Ho,Iterl. of that par_, -(J Di, 2, in bho ntntc 'o.t, -o C) t:. I a I ) o I 3:-t vP c 100, offi cl,1 11 iii t;lu t)iTico of tflu County M,cordov o.P cwli& oran-c Coull L... W._,:;tor.IY i;o 1)Olrlt Oil the .1, of ;aid Bloc.1c. of Au. "02, dl:l{:.'.Int 2,.o;%'x'Ui:i the cornoo of ,aia Lot 1, "aJ.6. ::;Out1)"DvIY line 37.0)i .1. Eichto tilt, 3al., Lo' 'G 1, , thence Southc.,-�,ly the lith; 01IL; , fjo aid Tvct i110. Goo (AtJ =chonaB '3t1^cot), anO aloar.; thII "louthurly ox;olom�,Pation thereof to a line parallel uith and distant L 10.00 i,cct, ilctaourod ,it rif_,:ht an.,,,lc:,, froiii the soutilerly ling of ,,aid Lot ? in J­."locl'. I'll", thence Wcoltorl,,7 IalollE; parallel lin, tc, iOrtjl<:vly tcviidnui,j of the WootI;x°ly line of that certain parosol oZ I.-Anc, dcocribed a2 Parcel 1, in a deed recorded In p book 2440: ai:c 59'(, Official IlQcorcla, in the office of the County Re.cor6or of !;aid Ovaa,.,,c, couai;y.., t tc,ncu t,;QUWje-rly I,lal.6 i.Jow,,torly Ilaco to thc int,cr:;c-LLion thorc,,Of with the: Southerly line of th,:', lana described ill'clic: ftocll to C,api.,,Urario union liigTi 11�!ohool District oi' OraaL.,e County, xmJ3ovc106 in boolc 10'72, pa ­c 140 Official Records., .1.11 the office of tlli,, Covilty RccovC Ij, 'laid Orange County; thonc;�_- oLttT (* "al 001 lino of 111r.,;h ;11uh3o]. 1 a)idl , )115,.r-58 foot; t'Izn3C, LD'OuLh 1* I111 30" i,l:ist fo(�t to Northerly linc, oi* 1,ob ",) of i>'Un juall capisLranoas, hevoinbofore., ,-tiontionod., thence: 11coltorly alonr, ;3aid Northerly line to the iritcr,e;ution thereof with the Eastovly III -1c of El Camino Real, 56.001 2cteb wide; thence "Outil aIejvlL,-_. the Easterly line Of -aid Rl Camino 111cal, tho folloijinr_; coqtq;1ci*,' Midi distances. south 220 %gv 00' 17a.,t, )8.76 fc t and 1,.,out1i 00 E 7 a4t, 98.001 feet to the Iforthorly lin(~ of Street, on the of said 11ract No. 10.9; thonoc. 00' I j n 'L, tr c; lie 'u-n— th�., liorthorly line of ;�allct `pri,g , tit 446.'�6 vc�ct to t, uou` east corner of -,aid Lot 3 of t3aa Juan Capi::jtvaao; thence outhci-ly EXHIBITA alonp,. tile 9011thorly Prolongation of the Fiusterly line of uaid Lot to the the'vc,of with tI1c, q1tcl, linc of' Strect, 1-0 1, 1 ()(),1! j-�%ot aloiv- ,utiC ooni�j2 linc� '�63-79 ;oet, "Nort'llerly iiilk- of ipr. Lir': I -(also knoi,xi a -o `jan Juai, 11ol- Road) (A t"'t 1) 1, IJ10 "j-1 Y? (-Ori U_,.. Lot, 11, Oi, ,aio , 1.1va 0 b -iu. 2 i5 �5 15'ast, aloac, the Nortlievl,� line of said Sl)rirC �,,troet, 1`u /2 f��-'U-; t 11 1, i 7"Orn lot/.4 t 35 t 1_`5 c, ct ; thence ilor-th EXHIBIT A 1. tli(Dnc;ia' i�Torth ?,61 OG'r mci;b-i-ecit5 -S)oilc.c lino to tfl- 'PfAni "-):c EXHIBIT A o,�aga pan Jdmn i� tr Is Rhls plat Sa SnearNd ae o matter of Snfo rvotlon mnly� mnd All. tmese lm mompll ad from info reetieu .hl ma Ual lava to be oorrmmt M Is eenumad by thle Compnny a• to Lhm aorreotnae• of ..141oFono limhSl ltyrnmtion. EXHIBIT A • 4 TR. 6 cz_ yI 0$ N -G14 AGK r; '°/7 S T R E E T o o- \ ti BUCHHEIM FIELV CITY HALL BITE \ Ma ATHLETIC FIELD E .r \@IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II rmnn� SAN JUAN SCHOOL SITE PARCEL 1 W PY N G N l,000 EXHIBIT B That portion of Lot Ten (10) of Tract No. 103, in the County of Orani;e, State of Californifi, as per map thereof recorded in Book 11., at p;iij(=e 29 to 33, inclusive, of Lisceiiiineous Preps, recoriis of said OranCv County, described as follows: BeL;inn ni „t the most Southerly corner of said Lot 10 and runn.i.nL� thence North 640 59' East alont; the Southerly line of said Lot, 653.06 feet; thence Dlorth 20 19' West 245.66 feet to the Southerly line of Vie Northerly 10 feet of said Lot 1.0; thence .South 871 41' West aloni; said Southerly line ?5,'_.86 feet to the Westerly line of said Lot; thence South 221 291 Ivest along said Westerly line 294.46 feet to the point of beginning. NOTE: Said property lies wituin San Juan Sanitary District. EXHIBIT C P/Grf Showing Lof i0 of TA -r- /No. 103 per "Wp recorded in Book ii at Miscellaneous Maµs , Records Oranye Co., Ca//f. 5 29-33� Cf EXHIBIT C Tliia plat is inserted as a matter of information only, and wool liebili� is compiled from information S Lu tichcorrc toess soft to in or eatioe. That portion of Lot Eleven (11) of Tract No. .103, in'the County of Orange, State of California, as per map thereof recorded in Book 11, at pages 29 to 33, of Miscellaneous Maps, records of said Orange County, described as follows: Beginning at the most Westerly corner of said Lot 11, and running thence South 220 291 East along the Westerly line of said lot, 196.21 feet; thence North 870 411 East 592.39 feet; thence North 40 421 l0° West 185.11 feet; thence North 20 191 West 30 feet to a point in the Northerly line of said Lot 11, which is distant thereon North 840 591 East 653.06 feet from the point of beginning; thence South 840 591 West, along said Northerly line, 653.06 feet to the point of beginning. NOTE: Said property lies within San Juan Capistrano Sani- tary District. EXHIBIT C 0 0 Plat show/n9 L o7t // of TA C-7 T- I IGl /03 exs pr map recorded in Book // of Miscelbneow Maps, Rbcords OrarJye Co., Ca//f. Thin plat fs inserted as a matter of information only, and while the stone is compihtd from tn[ormation which we believe to 6o correct, no NaMlity Is aaumed by this Company as to the correctness of said information. EXHIBIT C 0 Parcels 1 and 2 of Parcel Map 80-853 as shown on a map thereof recorded in book 154, page 33 and 34 records of Orange County, California EXHIBIT D • P,i LC5 t-. F d• 'i�'1 ": /�� ZA NJA S L2: Qi I�2 I fm sT�n'� E� rn ♦a � f�+a Z i' .. �a ♦ �'"�_ fy�, is 3i � a I I ,r I ti h 0 I M I� 8 �frs'H'nwY fm, lw I wv-maE L L \ NCi spa I T zt ♦sr� n e lit 8 lit, Rql I I aa•c rntr• C i ��t`i ��L it mtr' a iqy NN. lz m' f 37va M, _ ACJACHEMA x glia V pD 3 D MOD A N EXHIBIT D MISSION VIE,JO COMPANY ICT 31 4 2, ata IS October 31, 1983 Honorable City Council City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Council Members; CI?'; OF SAN .OJAN CAP' <;71;aW� It has been brought to our attention that the City of San Juan Capistrano and the Capistrano Unified School District are considering entering into an agreement which, among other things, provides that application is to be made for annexation of the Capistrano Valley High School property to the City of San Juan Capistrano. Mission Viejo Company wishes to go on record as opposing that element of the proposed agreement which calls for annexation of the high school property. From discussions at the staff level, we appreciate what both parties are trying to accomplish with the agreement. While we do not want to interfere in any way with the general goals and objectives of the agreement, as we understand them from our discussions, we do believe that the goals can be achieved without annexation of the property. The property in question is not within the City of San Juan Capistrano sphere of influence, but is within CSA 9 and its sphere of influence. Even though under the agreement such an annexation request may not occur for several years, it sets in motion a course of ac- tion wich could limit the future options available to the Mission Viejo community. We therefore request that the two parties find a method of achieving your mutual goals without including the annexation language. As an alternative, we would request that prior to 26137 LA PAZ ROAD � MISSION VIEJO - CALIFORNIA 92691 - 714] 837-6050 E Honorable City Council City of San Juan Capistrano October 31, 1983 Page 2 40 entering into the,agreement, the Local Agency Formation Commis- sion be petitioned for a change in the sphere of influence so that all affected and interested parties can be heard on the matter of a boundary adjustment. Sincerely, MISSION VII�EJJOO COMPANY Van Stevens Vice President VS/tc xc: Board of Trustees, Capistrano Unified School District Mission Viejo Municipal Advisory Council Richard Turner, Executive Officer, Local Agency Formation Commission 0 • BOARD ACTIONS 1. REDEVELOPMENT PARTICIPATION AGREEMENT (CAPISTRANO UNIFIED SCHOOL DISTRICT (68.38) Chairman Hausdorfer advised that discussions with the School District will continue. 4 0 BOARD ACTIONS 1. TAX INCREMENT AGREEMENT (COUNTY OF ORANGE (68.38) The Deputy Director advised that an accord had been reached between the parties, but additional time was needed to finalize the agreements. /oll���-t BOARD ACTIONS 1 (68.38) 0 0 TAX INCREMENT AGREEMENT (COUNTY OF ORANGE) AND Lot U$asOfPAP . • • 9 : TayM.11kiW The Deputy Director advised not ready for approval. The process of reviewing the Tax the Agency; discussions are Districts. that the agreements were County Counsel is in the Increment Agreement with continuing with the School AGENDA ITEM 0 October 6, 1983 TO: Board of Directors, Community Redevelopment Agency FROM: Stephen B. Julian, Executive Director SUBJECT: Redevelopment Agreements I --'TI T T/l ' The Redevelopment Agency agreements with the County of Orange, Capistrano Unified School District, and the Saddleback Community College District will be forthcoming pending further discussions with the affected agencies and review at the Council meeting of September 29, 1983. C'.�A 0 a 2. REDEVELOPMENT PARTICIPATION AGREEMENT (CAPISTRANO UNIFIED SCHOOL DISTRICT) (68.38) It was moved by Director Friess, seconded by Acting Chairman Bland and carried, with Director Buchheim abstaining due to a conflict of interest, to approve the Redevelopment Participation Agreement with the Capistrano Unified School District in concept and to schedule the matter for approval by the full Board at the meeting of October 6th, subject to approval by the School Board and dismissal of the pending litigation. BOARD ACTIONS TAX INCREMENT AGREEMENTS - COUNTY OF ORANGE, CAPISTRANO (68.38) Written Communications: Report dated September 20, 1983, from the Executive Director, reporting on the status of negotiations with the County of Orange,_ the Capistrano Unified School District, and the Saddleback Community College District, to participate in or mitigate the effects of the Redevelopment Plan. The report recommends adjournment to September 29th to review the proposed final drafts of the agreements. Review of Draft Agreements: It was moved by Director Buchheim, seconded by Director Friess and unanimously carried to receive and file the report; and, to adjourn the Redevelopment Agency to Thursday, September 29th, in order to review the proposed final drafts of the agreements with the County of Orange, Capistrano Unified School district, as well as a draft agreement with the Saddleback Community College District. It is anticipated that adoption of the agreements will be scheduled for the meeting of October 6, 1983. AGENDA ITEM TO: FROM: SUBJECT: September 20, 1983 CRA Board of Directors Stephen B. Julian, Executive Director Tax Increment Agreement - CUSD SITUATION: The Tax Increment Agreement with the Capistrano Unified School District will be presented to the Agency Board of Directors prior to the September 20th meeting. SBJ:ch FOR CITY muNGIL AGENnA �l Z I* AGENDA ITEM September 6, 1983 TO: Stephen B. Julian, Executive Director Community Redevelopment Agency FROM: Thomas G. Merrell, Deputy Director Community Redevelopment Agency SUBJECT: Status Report on Consultation With Other Taxing Agencies SITUATION The County of Orange, the Capistrano Unified School District, and the Saddleback Community College District have expressed an interest in discussing the fiscal implications of Agency activities on their respective agencies. Staff has maintained an openness to consult on such matters since the beginning of this year. As a result, staff will present proposed formal agreements with the County and CUSD for Agency review and consideration within approximately 30 days. Although no formal agreement has been reached with Saddleback Community College District, staff has communicated a continuing willing- ness to work out a similar agreement as we have with CUSD. Staff requests a closed session with the Agency in order to review legal aspects of this matter. Respectfully submitted, �p Thomas G. Merrell, Deputy Director Community Redevelopment Agency TGM:jtb .'�'.',j' '