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HomeMy WebLinkAboutReimbursement Agreement 09-01-10on on Quint & Thimmig LLP 05/28/10 06/12/10 FINAL 08/11/10 REIMBURSEMENT AGREEMENT by and between the COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO and the CITY OF ATASCADERO Dated as of September 1, 2010 (Atascadero Redevelopment Project) 01034.01 REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT, dated as of September 1, 2010, by and between the COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO (the "Agency") and the CITY OF ATASCADERO (the "City"), WITNESSETH WHEREAS, the Agency is a duly constituted redevelopment agency under the laws of the State of California and pursuant to such laws has duly proceeded with redevelopment activities within the Atascadero Redevelopment Project (the "Project Area") within the City, WHEREAS, the redevelopment plan for the Project Area provides for tax increment financing in accordance with the provisions of Chapter 6, Part 1 of Division 24 of the California Health and Safety Code and Section 16 of Article XVI of the Constitution of the State of California, and WHEREAS, the Agency is authorized, with the consent of the City Council of the City, 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 improvements which are publicly owned, upon a determination by the Agency and said City Council that such buildings, facilities, structures or other improvements are of benefit to the Project Area, WHEREAS, when the value of such land or the cost of the installation and construction of such building, facility, structure or other improvement, or both, has been or will be paid or provided for initially by the City, the Agency may enter into a contract with the City under which it agrees to reimburse the City for all or part of the value of such land or all or part of the cost of such building, facility, structure or other improvement, or both, by periodic payments over a period of years, WHEREAS, the obligation of the Agency under such contract shall constitute an indebtedness of the Agency for the purpose of carrying out the redevelopment project for the Project Area, which indebtedness may be made payable out of taxes levied in the Project Area and allocated to the Agency under subdivision (b) of section 33670 of the California Health and Safety Code, or out of any other available funds, WHEREAS, the City has undertaken the financing of certain public facilities (the "Project") which will be of substantial benefit to the Project Area, WHEREAS, the parties hereto in consideration of their mutual undertakings, past and present, herein and otherwise, desire to provide for repayment by the Agency to the City of the of a portion of the moneys paid as Lease Payments under and as defined in the Lease Agreement (each as hereinafter defined), entered into between the Atascadero Public Financing Authority and the City in the amounts specified in Exhibit A attached hereto and incorporated herein, which Lease Agreement provided financing for the Project; and WHEREAS, the Agency and the City have previously determined by resolution that the Project is of benefit to the Project Area, NOW, THEREFORE, in consideration of the mutual covenants herein contained it is agreed by and between the parties hereto as follows cm Section 1 Definitions Unless the context otherwise requires, the terms defined in this Section 1 shall, for all purposes of this Reimbursement Agreement and of any amendment ft► hereto, and of any certificate, opinion, estimate or other document herein mentioned, have the meanings herein specified. Any capitalized term not defined herein shall have the meaning given to such term in the Lease Agreement. "Agency" means the Community Redevelopment Agency of Atascadero, a redevelopment agency and public body, corporate and politic, duly organized and existing under and by virtue of the laws of the State of California. "Authority" means the Atascadero Public Financing Authority, a joint exercise of powers authority, duly organized and existing under and by virtue of the laws of the State of California. "Business Day" means any day of the year other than a Saturday, Sunday or a day on which banks are authorized or required to be closed in the city in which the Trustee is located. "City" means the City of Atascadero, a general city and municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of California. "Fiscal Year" means each twelve-month period beginning on July 1 of any year and ending on June 30 of the succeeding year, or any other twelve-month period hereafter adopted by the City as its official fiscal year period. "Law" means the Community Redevelopment Law of the State of California, constituting Part 1 of Division 24 of the California Health and Safety Code and the acts amendatory thereof and in supplement thereto Whenever reference is made in this Reimbursement Agreement to the Law, reference is made to the Law as in force on the date of the execution of this Reimbursement Agreement, unless the context otherwise requires. "Lease Agreement" means that certain lease agreement, by and between the Authority, as lessor, and the City, as lessee, dated as of September 1, 2010 "Lease Payments" means all amounts paid by the City as lease payments pursuant to Section 4.4 of the Lease Agreement. "Project Area" means the Atascadero Redevelopment Project of the Agency "Tax Increment Revenues" means all taxes allocated to, and paid into a special fund of the Agency for the Project Area pursuant to Article 6 of Chapter 6 of the Law and Section 16 of Article XVI of the Constitution of the State of California, and as provided in the redevelopment plan for the Project Area, including all payments and reimbursements, if any, to the Agency specifically attributable to ad valorem taxes lost by reason of tax exemptions and tax rate limitations, but excluding any amounts required to be paid to other taxing agencies pursuant to section 33401 of the Law and any amounts required to be used to improve the communities supply of low or moderate income housing pursuant to Section 33334.2 of the Law "Trustee" means The Bank of New York Mellon Trust Company, N.A., its successors and assigns, acting as trustee under the Trust Agreement, or any other entity then performing the function of Trustee under the Trust Agreement. Section 2. Reimbursement; Other Payments Subject to pledges of Tax Increment Revenues heretofore or hereafter made by the Agency, the Agency and the City agree that, to the extent necessary but only to the extent available in any Fiscal Year, Tax Increment Revenues -2- shall be used and applied to repay the City for all current or previously unreimbursed Lease Payments made by the City to the Authority under the Lease Agreement. This Reimbursement Agreement may be amended from time to time by the parties hereto for any purpose and with any effect whatsoever Section 3 Default by Agency The Agency's obligations hereunder shall constitute debt of the Agency for purposes of the Law If the Agency has available Tax Increment Revenues and shall fail to repay the City or shall fail to pay any other payment required to be paid hereunder at the time specified herein, and such failure shall continue for a period of ten (10) days, then the City or, if applicable, any assignee, shall be entitled to exercise any and all remedies available pursuant to law Section 4. Remedies Not Exclusive No remedy herein conferred upon the City shall be exclusive of any other remedy and each and every remedy shall cumulative and shall be in addition to every other remedy given hereunder or hereafter conferred on the City -3- IN WITNESS WHEREOF, the parties hereto have executed this Reimbursement Agreement as of the day and year first above written. Attest - Attest, Im En Marcia McClure .Forgerson Secretary Marcia McClure Torgerson City Clerk. -4- COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO By UIO& Wade G McKinney Executive Director CITY OF ATASCADERO By Wade G. McKinney City Manager Lease Payment Date 3/15/11 9/15/11 3/15/12 9/15/12 3/15/13 9/15/13 3/15/14 9/15/14 3/15/15 9/15/15 3/15/16 9/15/16 3/15/17 9/15/17 3/15/18 9/15/18 3/15/19 9/15/19 3/15/20 9/15/20 3/15/21 9/15/21 3/15/22 9/15/22 3/15/23 9/15/23 3/15/24 9/15/24 3/15/25 9/15/25 3/15/26 9/15/26 3/15/27 9/15/27 3/15/28 9/15/28 3/15/29 9/15/29 3/15/30 9/15/30 3/15/31 9/15/31 3/15/32 9/15/32 3/15/33 9/15/33 3/15/34 9/15/34 EXHIBIT A AMOUNTS TO BE REIMBURSED Principal Component $ 210,000.00 215,000.00 225,000 00 235,000.00 245,000.00 250,000.00 260,000.00 270,000.00 275,000.00 295,000.00 305,000.00 315,000.00 330,000.00 350,000.00 365,000.00 380,000.00 405,000 00 420,000 00 440,000.00 465,000.00 490,000 00 Interest Component $445,96563 382,256.25 382,256.25 382,256.25 382,256.25 382,256.25 382,256.25 382,256.25 379,106.25 379,106.25 375,343.75 375,343 75 371,968.75 371,968 75 367,856.25 367,856.25 362,956.25 362,956.25 358,581.25 358,581.25 353,706.25 353,706.25 348,306.25 348,306.25 341,431.25 341,431.25 335,531.25 335,531.25 329,050.00 329,050.00 322,750.00 322,750.00 314,500.00 314,500.00 305,750.00 305,750.00 296,625.00 296,625.00 287,125.00 287,125.00 277,000.00 277,000.00 266,500.00 266,500 00 255,500.00 255,500.00 243,875.00 243,875.00 rW (Continued on next page) Exhibit A Page 1 Total Lease Payment $ 445,965.63 382,256.25 382,256.25 382,256.25 382,256.25 382,256.25 382,256.25 592,256.25 379,106.25 594,106.25 375,343.75 600,343 75 371,968.75 606,968.75 367,856.25 612,856.25 362,956.25 612,956.25 358,581.25 618,581.25 353,706.25 623,706.25 348,306.25 623,306.25 341,431.25 636,431.25 335,531.25 640,531.25 329,050.00 644,050.00 322,750.00 652,750.00 314,500.00 664,500.00 305,750.00 670,750.00 296,625.00 676,625.00 287,125.00 692,125.00 277,000.00 697,000.00 266,500.00 706,500.00 255,500.00 720,500.00 243,875.00 733,875.00 Lease Payment Date 3/15/35 9/15/35 3/15/36 9/15/36 3/15/37 9/15/37 3/15/38 9/15/38 3/15/39 9/15/39 3/15/40 9/15/40 on (Continued from preceding page) Principal Component 1,365,000.00 1,430,000.00 1,500,000.00 1,575,000.00 1,655,000.00 1,740,000.00 Interest Component 231,62550- 231,625.00 31,62500231,625.00 197,500 00 197,500.00 161,750 00 161,750 00 124,250 00 124,250.00 84,875 00 84,875.00 43,500 00 43,500.00 Exhibit A Page 2 Total Lease Payment 231,625.00 1,596,625.00 197,500.00 1,627,500.00 161,750.00 1,661,750.00 124,250.00 1,699,250.00 84,875.00 1,739,875.00 43,500.00 1,783,500.00