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HomeMy WebLinkAboutCARLSBAD HOUSING AND REDEVELOPMENT COMMISSION; 2011-02-23;Exhibits REIMBURSEMENT AGREEMENT (Public Improvements) (Community Redevelopment Law Section 33445) This 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 ^3**™ day of ^^.jLt^iu^-ct^. , 2011. O 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 South Carlsbad Coastal Redevelopment Project Area ("Project Area"). D. Pursuant to Section 33445(a) of the CRL, in effect as of January 1, 2011, 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. E. Further, pursuant to Section 33445(c) of the CRL, in effect as of January 1, 2011, 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, in effect as of January 1, 2011, 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 (the "Project"). Redevelopment Activity Costs and Development Costs shall collectively be referred to herein as the "Costs". REIMBURSEMENT AGREEMENT Page 1 of 6 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. In accordance with Sections 33445 and 33678 of the CRL, in effect as of January 1, 2011, the Commission desires to enter into this Agreement to provide for the reimbursement to the City of the Costs, specifically including, but not limited to, the Costs of the Project, to the extent paid or provided for initially by the City. TERMS Project Description. The Project is comprised of the following list of potential improvements and services which the City agrees shall be initially provided by or paid for by the City, to be reimbursed by the Commission. The following projects shall be implemented in a cost manner which does not exceed the maximum debt capacity of the South Carlsbad Coastal Redevelopment Project Area Plan: a. Street Enhancements. These improvements will include realignment of Carlsbad Boulevard and related projects such as street overly construction, traffic control upgrades, curb and gutter replacement, new and rehabilitated sidewalks, bikeway improvements, bridge rail replacement, landscape installation, enhancements or other improvements, additional turn lanes and other improvements which will enhance or add recreational type amenities to the area. The goal is to improve inadequate, aging or dilapidated infrastructure and to improve the area for residents and visitors. b. Public Infrastructure Improvements. These improvements will include various public infrastructure projects that will repair, upgrade, replace and/or install sewer and water systems, storm drain systems, trail and beach access and/or provide for additional public parking. c. Land Use Strategies or other planning documents. This project includes planning efforts to allow for the redevelopment of the power plant property into a new center for tourist- visitor-resident activities, such as hotel, restaurants, recreational amenities, parking and other public infrastructure. It also includes other planning efforts to convert vacant property into tourist-serving commercial uses and/or to create a comprehensive land use strategy or Master Plan for the entire South Carlsbad Coastal Redevelopment Area. d. Construction and/or installation of recreational amenities and/or other development inducing projects. This project allows for the Redevelopment Agency to construct and/or install improvements that will enhance the South Carlsbad Coastal Redevelopment Area for visitors and residents, and encourage other private development within the area to complement these improvements. The goal is to enhance the area by removing incompatible uses and buildings and infrastructure that are dilapidated, unsafe and/or unhealthy while adding new uses and projects that effectively result in successful redevelopment of the project area. REIMBURSEMENT AGREEMENT Page 2 of 6 Enhanced Entrvwav Treatments - A design solution will be developed by the City and Agency to modify the intersection of Carlsbad Boulevard and Palomar Airport Road to create a T-lntersection and to improve the intersection as a key entryway. The Agency will also incorporate other enhanced entryway designs for the southern and northern entrances into the area. 2. Development Costs. In addition to the Development Costs of the Project, the Commission hereby agrees that the following, for purposes of this Agreement, shall constitute Development Costs for which the Commission will reimburse the City, to the extent such Development 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 outside the Project Area, and (b) the cost of the 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 available resources, which include personal and real property, and 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. REIMBURSEMENT AGREEMENT Page 3 of 6 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 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 4 of 6 Approved as to form: CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, a public body, corporate and politic By:. Attorney to the Commission D^a'Hildabrand, Executive Director/Secretary (Signatures continue on following page.) REIMBURSEMENT AGREEMENT Page 5 of 6 Approved as to form: By: CityAttorney CITY OF CARLSBAD nicipal corporation By:JIA_J/A*UU , City Clerk REIMBURSEMENT AGREEMENT Page 6 of 6