Res 86-016RESOI~ION NO. 86-016
M~OLUTION OF ~HE CITY COUNCIL OF THE CITY OF POW~Y
DET~{~ININ~ THAT THE CONST~/JCTION OF C~{TAIN PUBLIC FACILITIES
IS OF BENEFIT TO THE PAGUAY R~DEVELOPM~T P~
AND THE EIATE NEIGHBOE IN WHICH THE P~ IS ~
AND D,.'I'~INING THAT THERE ARE NO OTR~ REASONABLE MEANS
OF FINANCING SAID PUBLIC IMPROV~M~TfS.
WHEREAS, the Poway Redevelopment Agency (the "Agency") is authorized to
carry out the redevelopment of the Paz3uay Redevelo~m~ent Project Area (the
"Project"); and
~EREAS, the Redevelopment Plan for the Project Area authorizes and
directs the Agency to pay all or part of the value of the acquisition and
construction of public improvements, which are enumerated in materials
referenced in the L~4evelo~ment Plan and which include the reconstruction of the
poway High School Stadium (the "Stadium"); and
WHEREAS, the Agency desires to contribute toward the reconstruction of
the Stadium; and
WHEREAS, California Health and Safety Code Section 33445 provides that
the redevelopment agency may, with the consent of the legislative body, pay all
or part of the value of public buildings, facilities, st~_ctures or other impro-
vements upon a finding that such public improvements are of benefit to the
Project Area or the in~ediate neighborhood in which the Project is located and
that there is no other reasoD~hle m~ns of financing such public impr~ts
available for the cc~munity; and
W~RREAS, without the direct financial participation by the Agency,
there are insufficient resources available for the reconst~_ction of the
Stadium; and
~REAS, the Stadium is a facility used by and of benefit to persons
residing in the Project Area; and
WHEREAS, the Poway Unified School District (the "District") proposes to
enter into an agr~------n~_nt with the Agency in the form of E~hibit "A" hereto (the
"Agr~_-~ent"), which is incorporated herein by reference.
N(~, THEREFORE, the City Council of the City of Poway does hereby
resolve as follows:
Section 1: The City Council hereby determines that the reconstruc-
tion of the Stadium will be of benefit to the Project Area and the surrounding
area neighborhood in which the Project is located.
Resolution No. 86-016
Page 2
Section 2: The City Council further determines that there are no
other r~.~or~hle means for financing the reconstruction of the Stadium without
having the Agency pay all or part of the value of such reconstruction.
Section 3: The City Council consents to theexecutionbytheAgency
of the Agrc~.~ent, and the payment by the Agency of the "Agency Amount" as
defined in and purs,,~nt to such Agrccment. This resolution does not constitute
authorization for the expenditure of City funds.
PASSfD, APPROVED A~D ADOPTfD by the City council of the City of
poway, California, at a regular .m--_cthing ther/e0f this 18th day of FebD~ary,
Carl R. Kruse, Mayor
Marjorie K. Wahlsten, City Clerk
POWAY UNIFI~ SCHOOL DISTRICT
THIS AGN":"~NT is entered into on the day of , 1986 by
and between the POWAy UNIFI~n SCHOOL DISTRICT (the 'District") and the POWAY
RfDEV~OPMENT ~C-~CY (the "Agency").
RECITALS:
WHEREAS, the Agency has concluded proccc~ings for the adoption of a
Redevelopment pl_~n for the Paguay Redevelo~x~.nt Project (the "Project") pursuant
to the Cu~munity Red_evelopment Law; and
WH~%EAS, the Cu,m%unity Red_evelopment Law authorizes redevelopment agencies
to enter into contracts for the reimbursement of the costs of certain public
improvenents enumerated in redevelopment plans upon making findings that: (i)
the buildings facilities, st~n~_ctures or other improvements are of benefit to the
project area or the iamediate neighborhood in which the project is located, and
(ii) that no other reasormhle me_~ns of financing such buildings, facilities,
structures, or other improvements, are available to the c~nnunity; and
~IEREAS, the Red_evelo~ment Plan for the Project (the "l%edevelo~x~-nt Plan"),
including materials referenced therein, enumerates certain public improvements
which may be provided or contributed to by the Agency, including without limita-
tion the reconstruction of Poway High School Football Stadium (the "Stadium");
and
WHEREAS, the reconstruction of the Stadium is a costly undertaking requiring
the financial support of the District and contribution by the Agency;
COVENANTS:
NOW, T~]EREFORE, in consideration of the mutual pr(~nises and covenants set
forth herein, the parties agree as follows:
1. The Agency agrees to pay to the District the amount of One Hundred
Fifty Thousand Dollars ($150,000) (the "Agency Funds"). The District agrees and
acknowledges that the sole source of revenues for pa!m~nt shall be ~x increment
revenue (pursuant to Health and Safety Code Section 33670[b]) received by the
Agen~'y with respect to the Poway Redevelopment Project. The Agency shall make
payment of the Agency Funds on or before
EXHIBIT "A"
Cooperative Agreement
Po~ay Unified School District and
Poway l~develclzmlent ;~3ency
Page 2
2. The District shall use the Agency Funds only for the reconstruction of
the Stadium. In the event that unanticipated alternative funding is found for
all of the costs associated with the Stadium and the Agency Funds are not r~cded
for such reconstruction, the District shall return the Agency Funds (or such
portion as is not nccded) to the Agency. The parties acknowledge that it is not
anticipated that the Stadium may be reconstructed without the use of all of the
Agency Funds.
3. This A~r~_-~a~nt shall be effective as of the date first above written.
This Agre~nent constitutes the entire, cc~plete and final expression of the
agrccment of the parties. This Agr~nt sb~] 1 not be modified except by the
written agreement of the parties.
IN WITNESS ~MERMOF, the parties have executed this Agrcc.~nent on the
date and year first above written.
PO~AY UNIFIfD SCHOOL DISTRICT
Clerk
Clerk