Loading...
HomeMy WebLinkAbout2003-12-02; City Council; 17393; Repayment Schedule Agreement for DebtCITY COUNCIL AND AB# 17,393 MTG. 12-2-03 DEPT. HlRED I3 TITLE: REPAYMENT SCHEDULE AGREEMENT BETWEEN DEPT. H THE CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION AND THE CITY OF CARLSBAD FOR DEBT OF CITY ATTY. @ THE VILLAGE REDEVELOPMENT PROJECT AREA. +=- CITY MGR. RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2003- 313 , APPROVING a Repayment Schedule Agreement between the Carlsbad Housing and Redevelopment Commission and the City of Carlsbad for debt of the Village Project Redevelopment Area. That the Housing and Redevelopment Commission ADOPT Resolution No. APPROVING a Repayment Schedule Agreement between the Carlsbad Housing and Redevelopment Commission and the City of Carlsbad for debt of the Village Redevelopment Project Area. 376 1 ITEM EXPLANATION: On February 8, 1980, the City of Carlsbad and the Housing and Redevelopment Commission entered into a Cooperation Agreement for the purpose of implementing redevelopment activities within the Village Redevelopment Area, which was established in July 1981. This agreement was updated and restated in July 2000 to include the City’s second redevelopment area known as the South Carlsbad Coastal Redevelopment Area. This Cooperation Agreement sets forth the terms for reimbursement of administrative costs and for the provision of financial assistance for the implementation of redevelopment activities in both redevelopment project areas. Consistent with the subject Cooperation Agreement, the City advanced the Village Redevelopment Project Area approximately $4.2 million for administrative costs and for the implementation of various redevelopment activities for the period 1976 to 1989. Beginning in 1990, revenues for the Village Redevelopment Project Area were sufficient to cover expenses, and no further funding advances were required. To date, the accrued interest totals approximately $9.1 million. The Housing and Redevelopment Commission has repaid $750,000 in principal and interest on this debt to the City. As of June 30, 2003, the Housing and Redevelopment Commission’s outstanding debt to the City was approximately $1 2.8 million for redevelopment activities within the Village Area. The Cooperation Agreement requires the repayment of the debt incurred by the Housing and Redevelopment Commission and sets forth the terms for the debt repayment. Because the Village Redevelopment Plan will expire within approximately four (4) years, staff believes it would be appropriate to adopt a repayment schedule agreement at this time. Consequently, the attached Repayment Schedule Agreement (see Exhibit 3) provides a final accounting of the Housing and Redevelopment Commission’s debt to the City pursuant to the Cooperation Agreement and a schedule by which the Commission shall repay the indebtedness to the City. The Housing and Redevelopment Commission has an outstanding indebtedness to the City which, as of June 30, 2003, equals $12,821,574. Approval of the attached Repayment Schedule Agreement generally establishes the time frame for the repayment of this debt, with variations permitted to reflect the actual amount of funds legally available to the Housing and Redevelopment Commission to repay said debt. As indicated in the attached repayment schedule, this existing debt will begin to be repaid in fiscal year 2017-18. The repayment schedule is based upon the assumption that the City Council and the Housing and Redevelopment Commission will take separate action to incur additional debt of approximately $14.4 million to be used for new, non-housing related redevelopment projects. If the CouncWComrnission decide to incur the additional debt, this debt must be repaid first. Therefore, payments on this new debt will begin as soon as funds are advanced in fiscal year 2003-04. If the 17,393 AB # Page 2 CounciVCommission does not incur additional debt, the repayment schedule will need to be revised to reflect that decision. This will mean that payments on the existing debt will begin as soon as this fiscal year. Staff recommends approval of the attached Repayment Schedule Agreement. FISCAL IMPACT: The Housing and Redevelopment Commission has an existing indebtedness to the City of $12,821,574. This debt must be repaid once funds are available to the Housing and Redevelopment Commission. The Housing and Redevelopment Commission has the capacity to incur additional debt of approximately $14.4 million for new projects or to enhance funding for existing redevelopment projects in the Village Area. If the Commission decides to incur this debt under separate action, it must be repaid by July 7, 2017. The attached loan or advance repayment schedule sets forth the timing as to which the Commission’s indebtedness to the City will be repaid. Any new debt will be repaid by 2017. Existing debt will be repaid by 2032. EXHIBITS: 1. City Council Resolution No. 2003 - 313 , APPROVING a Repayment Schedule Agreement between the Carlsbad Housing and Redevelopment Commission and the City of Carlsbad for debt of the Village Redevelopment Area. 2. Housing and Redevelopment Commission Resolution No. 376 , APPROVING a Repayment Schedule Agreement between the Carlsbad Housing and Redevelopment Commission and the City of Carlsbad for debt of the Village Redevelopment Area. 3. Repayment Schedule Agreement between the Carlsbad Housing and Redevelopment Commission and the City of Carlsbad. DEPARTMENT CONTACT: Craig Ruiz, (760) 434-281 7, cruiz@ci.carlsbad.ca.us 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY COUNCIL RESOLUTION NO. 2003 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REPAYMENT SCHEDULE AGREEMENT BETWEEN THE CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION AND THE CITY OF CARLSBAD FOR DEBT OF THE VILLAGE REDEVELOPMENT PROJECT AREA WHEREAS, the Housing and Redevelopment Commission and the City entered into a Cooperation Agreement dated February 8, 1980, and updated August 20,2001, pursuant to which the City sgreed to incur certain costs and the Commission agreed to reimburse the City for such costs, including sosts incurred by the City both before and after the date of said agreement; and WHEREAS, the City has previously made loans and advances to and for the benefit of the Housing and Redevelopment Commission to pay capital and operating expenses of the Commission, which, as of June 30, 2003, including principal and interest total $12,821,574 for redevelopment activities with the Village Redevelopment Project Area; and WHEREAS, the Housing and Redevelopment Commission and the City mutually desire to implement the Cooperation Agreement and subsequent Resolutions approving advances of funding by jetting forth a final accounting of the Commission’s Indebtedness to the City and a schedule by which the :ommission shall repay the Commission Indebtedness to the City in satisfaction of the Cooperation 4greement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad 1s follows: 1. That the above recitations are true and correct. 2. Pursuant to the Cooperation Agreement and the subsequent Resolutions approving advances of funding, the Commission is obligated to reimburse the City the full principal and all accrued interest on the Commission’s Indebtedness, which the parties estimate to be the sum of $12,821,574 as of June 30,2003 for redevelopment activities within the Village Redevelopment Project Area. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22' i 23 24 25 26 27 28 3. The Commission shall repay to the City the full amount of the Commission Indebtedness Amount, with interest equal to the annual average rate of return earned on the City's investment portfolio as determined by the City Treasurer, compounded annually, until paid, generally in accordance with the Repayment Schedule attached to this Agreement as Exhibit "A", with variations permitted to reflect the actual amount of funds legally available to the Commission for said project area. The parties hereto acknowledge that the Commission Indebtedness Amount consists of the sum of the following: (a) $12,821,574, which the parties estimate to be the principal and accrued interest as of June 30,2003 on costs incurred by the City pursuant to the Cooperation Agreement and subsequent Reimbursement Agreement and/or Resolutions; plus (b) $14,479,325, which is the estimate of the principal and interest on costs to be incurred by the City pursuant to the Cooperation Agreement and subsequent Reimbursement Agreement and/or Resolutions after December 3 1 , 2003. 4. Except as expressly amended hereby, the Cooperation Agreement and the subsequent Resolutions approving advances of funding shall remain in full force and effect. 5. The Mayor is hereby authorized to execute said Repayment Schedule Agreement in substantially the form approved by the City Council, subject to the review and approval of the City Attorney. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 2nd day of December, 2003, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None ABSENT: None ABSTAIN: None ATTEST: - ' -". p LOJUbIN M. WOOD, City Clerk f ..A' CC ResolutionNo. 2003-313 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 376 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REPAYMENT SCHEDULE AGREEMENT BETWEEN THE CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION AND THE CITY OF CARLSBAD FOR DEBT OF THE VILLAGE REDEVELOPMENT PROJECT AREA WHEREAS, the Housing and Redevelopment Commission and the City entered into a Cooperation Agreement dated February 8, 1980, and updated August 20,2001, pursuant to which the City agreed to incur certain costs and the Commission agreed to reimburse the City for such costs, including costs incurred by the City both before and after the date of said agreement; and WHEREAS, the City has previously made loans and advances to and for the benefit of the Housing and Redevelopment Commission to pay capital and operating expenses of the Commission, which, as of June 30,2003, including principal and interest total $12,821,574 for redevelopment activities with the Village Redevelopment Project Area; and WHEREAS, the Housing and Redevelopment Commission and the City mutually desire to implement the Cooperation Agreement and subsequent Resolutions approving advances of funding by setting forth a final accounting of the Commission’s Indebtedness to the City and a schedule by which the Commission shall repay the Commission’s Indebtedness to the City. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Zommission of the City of Carlsbad as follows: 1. 2. 3. That the above recitations are true and correct. Pursuant to the Cooperation Agreement and the subsequent Resolutions approving advances of funding, the Commission is obligated to reimburse the City the full principal and all accrued interest on the Commission Indebtedness, which the parties estimate to be the sum of $12,821,574 as of June 30,2003 for redevelopment activities within the Village Redevelopment Project Area. The Commission shall repay to the City the full amount of the Commission Indebtedness Amount for the Village Redevelopment Area, with interest equal to the annual average rate of return earned on the City’s investment portfolio as determined by the City Treasurer, compounded annually, until paid, generally in accordance with the Repayment Schedule attached to this Agreement as Exhibit “A”, with variations permitted to reflect the actual amount of funds legally available to the Commission 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c- for said project area. The parties hereto acknowledge that the Commission Indebtedness Amount consists of the sum of the following: (a) $12,821,574, which the parties estimate to be the principal and accrued interest as of June 30,2003 on costs incurred by the City pursuant to the Cooperation Agreement and subsequent Reimbursement Agreement and/or Resolutions; plus (b) $14,479,325, which is the estimate of the principal and interest on costs to be incurred by the City pursuant to the Cooperation Agreement and subsequent Reimbursement Agreement and/or Resolutions after December 3 1 , 2003. 4. Except as expressly amended hereby, the Cooperation Agreement and the subsequent Resolutions approving advances of funding shall remain in full force and effect. 5. The Chairman of the Commission is hereby authorized to execute said Repayment Schedule Agreement in substantially the form approved by the Housing and Redevelopment Commission, subject to the review and approval of the Legal Counsel to the Commission. PASSED, APPROVED AND ADOPTED at a special meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, on the ~y the following vote, to wit: 2nd day of December, 2003, AYES: Board Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None ABSENT: None ABSTAIN: None 2RC Resolution No. 376 ?age 2 REPAYMENT SCHEDULE AGREEMENT This REPAYMENT SCHEDULE AGREEMENT (“Agreement”) is entered into by and between the CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, a body corporate and politic (“Commission”) and the CITY OF CARLSBAD, a municipal corporation ((‘City’’) as of .&,L-’ /O ,2003. RECITALS A. The Commission and the City entered into a Cooperation Agreement dated February 8, 1980, pursuant to which the City agreed to incur certain costs and the Commission agreed to reimburse the City for such costs, including costs incurred by the City both before and after the date of the such agreement for redevelopment activities within the Village Redevelopment Project Area; and B. The Commission and the City updated and restated the Cooperation Agreement on August 20, 2001 to include redevelopment activities within both the Village Redevelopment and South Carlsbad Coastal Redevelopment Project Areas; and C. The City has made numerous loans and advances to and for the benefit of the Commission to pay capital and operating expenses of the Commission for redevelopment projects and programs within the Village Redevelopment Project Area, including but not limited to loans and advances described in the following resolutions and instruments (collectively referred to as the “Resolutions”): Commission Resolution No. 3 dated September 21, 1976; City Council Resolution No. 3958 dated July 6, 1976; Redevelopment Agency Resolution No. 4 accepting the City Council’s Allocation of Funds for Redevelopment Agency Operation Fiscal Year 1977-78; Commission Resolution No. 15 dated September 28, 1982; City Council Resolution No. 7023 dated September 28, 1982; Commission Resolution No. 031 dated August 16, 1983; Commission Resolution No. 55 dated August 20, 1985; Commission Resolution No. 52 dated July 30, 1985; Commission Resolution No. 091 dated October 20, 1987; City Council Resolution No. 7897 dated February 5, 1985; City Council Resolution No. 8 183 dated September 17, 1985; City Council Resolution No. 88-278 dated August 9, 1988; Agreement between the City and the Carlsbad Redevelopment Agency for a Loan of Funds for Property Acquisition dated September 29, 1999; Commission Resolution No. 041 dated August 2 1, 1984; Commission Resolution NO. 058 dated September 17, 1985; Commission Resolution No. 48 dated June 18, 1985; City Council Resolution No. 8070 dated June 18, 1985; Commission Resolution No. 063 dated February 18, 1986; City Council Resolution No. 8329 dated January 7, 1986; Commission Resolution No. 102 dated April 5, 1988; City Council Resolution No. 88-115 dated April 5, 1988; Commission Resolution No. 115 dated August 16, 1988; and City Council Resolution No. 88-224 dated July 5, 1988. 7 D. The loans and advances made by the City to or for the benefit of the Village Redevelopment Project Area through the Commission pursuant to the Cooperation Agreements and subsequent Resolutions shall be referred to collectively as the “Commission Indebtedness”. E. The Commission and the City mutually desire to implement the Cooperation Agreement and the subsequent Resolutions (collectively . referred to as the “City-Commission Agreements”) by setting forth (1) a final accounting of the Commission Indebtedness to the City pursuant to the City-Commission Agreements for the Village Redevelopment Project Area; and (2) a payment schedule by which the Commission shall repay the Commission Indebtedness to the City in satisfaction of the City-Commission Agreements for the Village Redevelopment Project Area. Now, therefore, it is agreed by and between the parties to this Agreement as follows: 1. Pursuant to the Cooperation Agreement and the subsequent Resolutions, the Commission is obligated to reimburse the City the full principal and all accrued interest on the existing Commission Indebtedness, which the parties estimate to be the sum of $12,821,574 as of June 30, 2003 (the “Commission Indebtedness Amount”) for redevelopment activities within the Village Redevelopment Project Area. 2. The Commission shall repay to the City the full amount of the Commission Indebtedness Amount, with interest equal to the annual average rate of return earned on the City’s investment portfolio as determined by the City Treasurer, compounded annually, until paid, generally in accordance with the Repayment Schedule attached to this Agreement as Exhibit “A”, with variations permitted to reflect the actual amount of funds legally available to the Commission for said Village Redevelopment Project Area. The parties hereto acknowledge that the Commission Indebtedness Amount consists of the sum of the following: (a) $12,821,574, which the parties estimate to be the principal and accrued interest as of June 30, 2003 on costs incurred by the City pursuant to the Cooperation Agreement and subsequent Reimbursement Agreement and/or Resolutions; plus (b) $14,479,325, which is the estimate of the principal and interest on costs to be incurred by the City pursuant to the Cooperation Agreement and subsequent Reimbursement Agreement and/or Resolutions after December 3 1,2003. 3. Except as expressly amended hereby, the Cooperation- Agreement and the subsequent Resolutions shall remain in full force and effect. CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION By: Chairman Attest: & r Om R. PATCHETT Executive DirectorBecre t ary U Approved as to form: RONALD R. BALL, Commission General Counsel 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. Mayor Attest : BY &%- LO W City Clerk Approved as to form: RONALD R. BALL, City Attorney EXHIBIT "A" REPAYMENT SCHEDULE F f I @ I -1 N 4 4 W tf) I I