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HomeMy WebLinkAboutCarlsbad Housing and Redevelopment Commission; 2009-07-08; (5)REIMBURSEMENT AGREEMENT (Public Improvements) (Community Redevelopment Law Section 33445) This AMENDED REIMBURSEMENT AGREEMENT ("Agreement") is entered into by and between the CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION ("Commission"), a body corporate and politic, and the City of Carlsbad, a municipal corporation ("City") as of the o^ day of .^Ciut^. , 2009. RECITALS A. The City Council of the City of Carlsbad ("City Council"), acting pursuant to the provisions of the California Community Redevelopment Law (California Health and Safety Code Section 33300, et seq.) ("CRL.,"), declared a need for a Community Development Commission, by Ordinance No. 1223, and activated the Commission, as the Housing and Redevelopment Commission, on October 16, 1979. B. The City Council previously declared itself to constitute the Commission for the purposes of implementing redevelopment activities within the City of Carlsbad. C. The Commission is engaged in activities necessary to execute and implement the development Plan for the Village Redevelopment Project Area ("Project Area"), which includes continued implementation of unfinished/incomplete redevelopment projects and program as of the Village Redevelopment Plan effectiveness expiration date of July 21, 2009. D. Pursuant to Section 33445(a) of the CRL, the Commission may, with the consent of the City Council, 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 improvements which is publicly owned either within or outside a project area, if the City Council makes certain determinations and appropriate environmental review has been completed for each project. E. Further, pursuant to Section 33445(c) of the CRL, when the value of the land or the cost of the installation and construction of the building, facility, structure or other improvement, or both, has been, or will be, paid or provided for initially by the City, the Commission may enter into a contract with the City under which the Commission agrees to reimburse the City for all or part of the value of the land or all or a part of the cost of the building, facility, structure, or other improvement, or both. F. Pursuant to Section 33678 of the CRL, the Commission may pay for employee or contractual services of the City if the services are directly related to the purposes of redevelopment, as set forth in Sections 33020 and 33021 of the CRL, and primarily benefit the Project Area ("Redevelopment Activity Costs"). G. The City Council has determined that it is in the best interests of the City and for the common benefit of citizens residing in the City to provide for, among other things, the reimbursement to the City for the following: (1) Redevelopment Activity Costs, and (2) the value of the land for and the cost of the installation and construction of any building, facility, structure, or other improvements which is publicly owned either within or outside the Project Area ("Development Costs"), specifically including, but not limited to the Redevelopment Activity Costs and the Development Costs in connection with the acquisition and construction of certain improvements, as more specifically described in Section No. 1 below REIMBURSEMENT AGREEMENT Page 1 of 6 (the "Project"). Redevelopment Activity Costs and Development Costs shall collectively be referred to herein as the "Costs". H. The Project consists of one or more buildings, facilities, structures, or other improvements which are or will be publicly owned and which are located both within and outside of the Project Area. The City Council and Commission have determined that the Project is of benefit to the Project Area. I. In accordance with Sections 33445 and 33678 of the CRL, the Commission desires to amend this Agreement to provide for the continued reimbursement to the City of the Costs, specifically including, but not limited to, the Costs of the unfinished and/or incomplete Redevelopment Projects and/or Programs, to the extent paid or provided for initially by the City and as agreed to within this Agreement and following completion of environmental review for each project and adoption of appropriate mitigation plans TERMS 1. Project/Program Descriptions. The Project/Program is comprised of the following list of potential improvements and services which were intended for completion but remain unfinished or incomplete as of the expiration of the effectiveness date for the Village Redevelopment Plan, and which the City and Commission agree to complete by no later July 21, 2019 and to be initially provided by or paid for by the City, to be reimbursed by the Commission as tax increments or other funds are available to the Commission. The following projects/programs shall I be Implemented in a cost manner which does not exceed the maximum debt capacity of the Village Redevelopment Plan, and only after environmental review has been completed for the subject projects/programs and mitigation plans adopted, as appropriate, and as set forth in separate loan repayment agreement(s): a. Grand and State Business/Arts Incubator - Commission/Agency owned property and related improvements, as appropriate, will be used to support new business development, including, but not limited to restaurants, retail, arts, culture and entertainment, as well as public parking and area beautification improvements. b. Project on Roosevelt Street - Proposed improvements will consist of a multi-story parking structure flanked on up to three sides by ground floor retail uses with residential and/or office uses above. The parking structure will provide parking for the on-site uses, as well as additional public parking for the downtown area. The proposed location of this project is located on the east side of Roosevelt Street between Grand Avenue and Carlsbad Village Drive. c. Public Parking Structure -One or more multi-level or surface parking structures or lots to be located within or in close proximity to the Redevelopment Project (Village) area, including within the transportation corridor, which will provide additional public parking to the downtown area. d. Enhanced Streetscape Improvements to North State Street -Proposed improvements will include the design and construction of an enhanced streetscape plan to promote greater pedestrian activity north of Grand Avenue, including, but not limited to, the following: acquisition of additional right-of-ways where needed, installation of street trees, root barriers, tree grates, drip irrigation systems, electrical conduits for outdoor REIMBURSEMENT AGREEMENT Page 2 of 6 lighting, additional decorative lighting, decorative paving, and new curbs, gutters, and sidewalks. e. Enhanced Streetscape Improvements on other streets within the Village Redevelopment Area as appropriate. - Proposed improvements will include the design and construction of an enhanced streetscape plan to promote greater pedestrian activity, including the following; installation of street trees, root barriers, tree grates, drip irrigation systems, electrical conduits for outdoor lighting, additional decorative lighting, decorative paving, and new curbs, gutters, and sidewalks. f. Right of Way Analysis and Conceptual Streetscape Plan -A comprehensive right-of-way analysis will be conducted by the City to determine how to maximize on-street parking in the Project (Village) Area. The analysis will identify existing right-of-way and potential right-of-way to be obtained from future development in order to maximize on-street parking, or to be retained for the purposes of providing on-street public parking. The analysis will also include drawings depicting design standards for maximizing utilization of right-of-ways for purposes of providing additional public parking (either diagonal and/or parallel) and enhanced landscaping. g. Miscellaneous Street Improvements -Proposed improvements may include street widening and curb, gutter, and sidewalk improvements at all locations within the Project (Village) Area where standard road improvements do not currently exist, including, but not limited to the following locations: Madison Street between Arbuckle and Laguna Drive and portions of Grand Avenue east of Jefferson Street. The street improvements will also include the acquisition of additional right-of-ways where needed. h. Enhanced Entrvwav Treatment -An engineering analysis will be conducted by the City and a design solution will be developed by the City to modify the intersection of Carlsbad Boulevard and State Street, which serves as the northernmost entrance to the Village. The modifications may include a realignment of southbound Carlsbad Boulevard, the installation of a traffic signal or a roundabout, and the installation of a pedestrian pathway on State Street and Carlsbad Boulevard to the intersection at Oceanside, providing that the City determines that the pathway is feasible from both a physical and financial standpoint. Business Revitalization Grant Program - The program will provide financial assistance to support services and/or programs, as determined to be appropriate by the Commission, for business support, revitalization, development and redevelopment. These programs/services may include, but are not limited to, business storefront improvements, enhanced exterior building lighting to encourage businesses to remain open in the evening and/or attract customers, promotional activities including special events, "shop the Village" campaigns, and other related activities. Oak Yard - Arts. Culture and Entertainment Center - Development Strategy and construction of an Arts, Culture and Entertainment Center on the Oak Yard property owned by the Agency to eliminate blight and/or blighting influences and to create a community amenity that will assist in the effort to further revitalize the Village Area. This project may include, but is not limited to, a private-public partnership to develop "artist in action" space, retail sales of artist products, performing arts center, culture/art center, artist lofts, a permanent location for the Farmer's Market, additional public parking, etc. REIMBURSEMENT AGREEMENT Page 3 of 6 2. Development Costs. In addition to the Development/Activity Costs of the Project, the Commission hereby agrees that the following, for purposes of this Agreement, shall constitute Development/Activity Costs for which the Commission will reimburse the City, to the extent such Development/Activity Costs are paid or provided for initially by the City: (a) the value of the land for and the cost of the installation and construction of any building, facility, structure, or other improvements which are publicly owned either within or without the Project Area, and (b) the cost of the activity and/or construction, expansion, addition to, or reconstruction of, buildings, facilities, structures or other improvements which are publicly owned. "Development Costs", for purposes of this Agreement, shall not include the normal maintenance or operation of buildings, facilities, structures or other improvements which are publicly owned. 3. Redevelopment Activity Costs. In addition to the Redevelopment Activity Costs of the Project, the Commission hereby agrees that, for purposes of this Agreement, Redevelopment Activity Costs for which the Commission will reimburse the City shall include the cost of employee or contractual services provided by the City, to the extent such services are paid for initially by the City and are directly related to the following: (a) the planning, development, replanning, redesign, clearance, reconstruction, or rehabilitation, or any combination of these, of all or part of a survey area, and the provision of those residential, commercial, industrial, public, or other structures or spaces as may be appropriate or necessary in the interest of the general welfare, including recreational and other facilities incidental or appurtenant to them, (b) the alteration, improvement, modernization, reconstruction, or rehabilitation, or any combination of these, of existing structures in the Project Area, (c) the provision for open-space types of use, such as streets and other public grounds and space around buildings, and public or private buildings, structures and improvements, and improvements of public or private recreation areas and other public grounds, (d) the replanning or redesign or original development of undeveloped areas as to which either of the following conditions exist: (1) the areas are stagnant or improperly utilized because of defective or inadequate street layout, faulty lot layout in relation to size, shape, accessibility, or usefulness, or for other causes; or (2) the areas require replanning and land assembly for reclamation or development in the interest of the general welfare because of widely scattered ownership, tax delinquency, or other reasons. 4. Reimbursement. To the extent the City pays or provides initially for any Costs, the Commission agrees to reimburse the City from and to the extent of taxes levied in the Project Area and allocated to the Commission under subdivision (b) of Section 33670 of the CRL for all such Costs, with interest, from the date of expenditure by the City until reimbursed, at the rate of interest earned from time-to-time by the City on its portfolio of investments. The Commission's obligation under this Agreement shall constitute an indebtedness of the Commission for the purpose of carrying out the redevelopment of the Project Area. 5. Binding on Successors. This Agreement shall be binding on the Commission and the City, and their successors and assigns. 6. Further Action. The parties shall execute such other documents and shall take such other action as may be reasonably necessary to further the purposes of this Agreement. 7. Invalidity. If any provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid or enforceable, such provision will be deemed to be severed and deleted from the Agreement as a whole and neither such provision, nor its severance REIMBURSEMENT AGREEMENT Page 4 of 6 and deletion shall in any way affect the validity of the remaining provisions of this Agreement. [The remainder of this page intentionally left blank.] REIMBURSEMENT AGREEMENT Page 5 of 6 Approved as toJorim: CARLS REDE body. HOUSING AND 1ENT COMMISSION public Attorney to the CJorrTrrTtesion (Signatures continue on following page.)o; ESTABLISHED \*l\ 1970 n REIMBURSEMENT AGREEMENT Page 6 of 6 City Attorney CITY municig^corporation ]JL*£L C^CIerkX{y I U REIMBURSEMENT AGREEMENT