County of San Diego - Office of EducationWAW
TAX SHARING AGREEMENT
THIS TAX SHARING AGREEMENT (the "Agreement ") is entered into
on the 25th day of May , 1993, by and
between the SAN DIEGO COUNTY OFFICE OF EDUCATION, a public agency
( "COE "), and the POWAY REDEVELOPMENT AGENCY, a public body
corporate and politic (the "Agency ").
RECITALS
A. The Agency is a redevelopment agency existing pursuant
to the provisions of the California Community Redevelopment Law
(California Health and Safety Code Section 33000, et se q.) which
has been authorized to transact business and exercise the powers
of a redevelopment agency pursuant to action of the City Council
of the City of Poway (the "City Council ").
B. The City Council has adopted Ordinance No. 117 on
December 13, 1983 and Ordinance No. 415 on June 15, 1993 pursuant
to the California Community Redevelopment Law approving and
amending the Redevelopment Plan (the "Plan ") for the Paguay
Redevelopment Project (the "Project ").
C. The Plan contains provisions authorizing the allocation
to the Agency of property tax revenues derived from property
located within the Project (the "Project Area ") and authorizing
the allocation to the Agency of property taxes pursuant to
California Health and Safety Code Section 33670(b).
D. The COE is an affected taxing entity, as defined in
Section 33353.2 of the Health and Safety Code, which has general
purpose and special bonded indebtedness ad valorem property taxes
levied on its behalf by the County of San Diego on certain areas
that comprise the Project Area under the Plan in Fiscal Year
1984 -85.
E. Section 33401 of the Health and Safety Code authorizes
the Agency to pay an affected taxing entity with territory within
a redevelopment project area that amount of money which the
Agency determines is appropriate to alleviate the financial
burden or detriment caused to such entity by a plan adoption.
F. The Agency has found and determined that it would be
appropriate to alleviate that financial burden or detriment
caused to the COE by the Plan by paying to or on behalf of the
COE certain monies consistent with Section 2 and the other terms
and conditions of this Agreement, all in accordance with
Section 33401 of the Health and Safety Code.
4.r 1.*
G. The COE and the Agency desire to resolve and settle,
once and for all times, all present, past and future
controversies, claims, causes of action or purported causes of
action, differences or disputes, both real and potential, ensuing
against the City and /or the Agency in relationship to the Project
and /or the Plan or its implementation.
NOW, THEREFORE, in consideration of the foregoing and the
mutual promises and covenants contained herein, the parties agree
as follows:
1. Definitions. For purposes of this Agreement, the
following terms will have the stated definitions:
(a) "Agency" means the Poway Redevelopment Agency,
a public body corporate and politic.
(b) "Bond Coverage" means the debt service coverage
factor required by the Bonded Indebtedness documents in excess of
the amount of Bond Payments required in such Bond Year.
(c) "Bonded Indebtedness" means indebtedness
incurred by the Agency for any bonds, notes, interim certificates,
debentures, certificates of participation or other obligations
issued by the Agency as it deems necessary or appropriate in
implementation and for the furtherance of the Plan and /or this
Agreement pursuant to Article 5 (commencing with Section 33640)
of Chapter 6, Part 1 of the Community Redevelopment Law. Bonded
Indebtedness shall include only that indebtedness with a term of
not greater than thirty (30) years from the date of the issuance
or issuances of such Bonded Indebtedness.
(d) "Bond Payments" means the debt service required
to be paid by the Agency in each Bond Year pursuant to the
requirements of the Bonded Indebtedness documents.
(e) "Bond Year" means a one year period during the
term of each individual issuance of the Bonded Indebtedness.
(f) "City" means the City of Poway, California, a
California municipal corporation.
(g) "City Council" means the Poway City Council.
(h) "COE" means the County Department of Education.
(i) "COE's Share" shall mean fifty percent (50 %)
of that portion of Tax Increment allocated to and received by the
Agency after reaching the Original Plan Cap Amount pursuant to
Health and Safety Code Section 33670(b) resulting from the
general purpose tax levy of the COE that, had the Plan not been
amended, would have been allocated and paid to the COE from the
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Project Area for the benefit of the COE's General Fund, as
computed by the San Diego County Auditor - Controller, in
accordance with the applicable provisions of the California
Revenue and Taxation Code. All parties agree that the
calculation of the COE's Share is equal to fifty percent (50%) of
1.6924 which equals 0.8462 percent of the Tax Increment received
by the Agency after the Agency has received the Original Plan Cap
Amount.
(j) "Fiscal Year" means the period from July 1 to
and including the immediately following June 30.
(k) "Ordinance" means Ordinance No. 415 adopted
by the City Council approving the amendment to the Plan.
(1) "Original Plan Cap Amount" means that amount
of Tax Increment received by the Agency equal to Four Hundred
Eight Million Four Hundred and Eighty -Nine Thousand Dollars
($408,489,000).
(m) "Plan" means the Paguay Redevelopment Plan as
amended for the Paguay Redevelopment Project, adopted by the City
Council by the Ordinance.
Project. (n) "Project" means the Paguay Redevelopment
(o) "Project Area" means the territory which is
located in the Project pursuant to the Plan.
(p) "Refunding Issues" means all bonded
indebtedness of the Agency issued for the purpose of refunding
outstanding indebtedness of the Agency; provided, however, that
any issue of bonds the proceeds of which are intended to be used
in part for new projects and in part for refunding shall be
included under this definition only to the extent such issue is
to be used for refunding.
(q) "Tax Increment" means that portion of ad
valorem property taxes resulting from the increase in assessed
valuation over the 1984/1985 base year assessed valuation, which
tax revenues are allocated and paid to the Agency pursuant to
California Health and Safety Code Section 33670(b) from the
Project Area in accordance with the Plan. Tax Increment shall
refer to those taxes collected as a result of the one percent
(1 %) levy allowed under Article XIIIA of the California
Constitution. The sums that (a) the Agency is required to set
aside and expend for the purposes of low- and moderate - income
housing pursuant to Health and Safety Code Section 33334.2, et
seg., or successor statutes, and (b) the Agency is required or
mandated (rather than merely authorized or a discretionary
payment) to set aside or pay or expend for any purpose, pursuant
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to legislative requirements of or revisions to the Community
Redevelopment Law or other statutes or regulations, and (c) any
duly established increases in the rate of tax imposed for the
benefit of the COE which levy occurs after the tax year in which
the Ordinance became effective, as set forth in Health and Safety
Code Section 33676(a)(1) or a successor statute (including,
without limitation, special tax levies to finance general
obligation bonds or certificates of participation), shall be
excluded and shall not be deemed to be Tax Increment for the
purposes of this Agreement or the tax sharing obligations
hereunder.
(r) "Term" of the Plan means the last to occur of
(i) the period of time the Plan remains in effect, (ii) the date
all Agency debts are paid in full, or (iii) the date that the
limit for incurring indebtedness under the Plan expires.
2. Allocation to COE Portion of Tax Allocation Bond
and the COD's Share.
(a) Excluding Refunding Issues and solely relating
to new fund issues, at the time estimated to be within the first
five years after adoption of the Ordinance, when the Agency in
its reasonable discretion issues new tax allocation Bonded
Indebtedness in a principal amount sufficiently large to obtain
bond proceeds of One Million Nine Hundred and Fifty Thousand
Dollars ($1,950,000) net of all costs of issuance and required
reserves, and with Bond Coverage of not less than One Hundred
Twenty -Five Percent (125 %) or such greater amount of Bond
Coverage as the Agency's bond counsel and financial advisors deem
necessary in their sole discretion in the then current municipal
bond market to issue fully insured Bonded Indebtedness with the
highest credit rating obtainable for tax allocation bonds of that
type, allocate and pay One Million Nine Hundred and Fifty
Thousand Dollars ($1,950,000) of the bond proceeds thereof, to
the COE. This One Million Nine Hundred and Fifty Thousand Dollar
($1,950,000) payment from bond proceeds is an advance credit
against the COE's Share. Upon payment of the One Million Nine
Hundred and Fifty Thousand Dollars ($1,950,000) to the COE, an
interest credit at a rate equal to the City's pooled investment
rate of return as stated in the City Treasurer's monthly report
to City Council shall be deemed to accrue on the One Million Nine
Hundred and Fifty Thousand Dollar ($1,950,000) advance. Both the
One Million Nine Hundred and Fifty Thousand Dollar ($1,950,000)
payment and the interest accrued thereon shall be offset against
the payment of the COE's Share in subparagraph (c) below. The
COE shall utilize said bond proceeds for a lawful purpose.
(b) In addition to the One Million Nine Hundred
and Fifty Thousand Dollar ($1,950,000) advance in (a) above, the
Agency shall pay the COE the amount of One Hundred Thousand
Dollars ($100,000) for the purpose of facility planning costs for
a new North San Diego County facility within one year of this
Agreement and an additional Three Hundred and Fifty Thousand
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in
Dollars ($350,000) which is not credited against the COE's Share
at the same time as the One Million Nine Hundred and Fifty
Thousand Dollar ($1,950,000) advance specified in subparagraph
(a) above is paid to the County.
(c) After offsetting any advance payments and
interest from (a) above, the remainder of COE's Share shall be
paid on an annual basis after the Original Cap Amount has been
received by the Agency.
(d) Except as provided to the contrary above,
payment to the COE of such amounts shall be made within thirty
(30) days after the first allocation and payment by the San Diego
County Auditor - Controller to the Agency of Tax Increment pursuant
to the Plan, provided that payments in relation to allotments
received between July 1 and December 31 of any Fiscal Year shall
be made no later than the following February 28, and that
payments in relation to allotments received between January 1
and June 30 of any Fiscal Year shall be made no later than the
immediately following August 30.
3. Books and Records. The Agency shall, within thirty
(30) days after receipt of written request from the COE, make
available to the COE for review or audit its records or
statements regarding the allocation and payment of Tax Increment
to the Agency in accordance with the Plan pursuant to Health and
Safety Code Section 33670(b).
4. Section 33676 Resolutions. The COE agrees that it
shall not request receipt of revenues pursuant to
Section 33676(a)(2) of the Health and Safety Code and within
sixty (60) days of executing this Agreement, the COE shall
immediately repeal the resolution, if any, that it may have
adopted pursuant to Health and Safety Code Section 33676(b)
regarding the Plan.
5. Payments Subi ct to Indebtedness. Payments by the
Agency pursuant to Section 2 are subject to the conditions and
limitations set forth in this Section 5:
(a) The Agency's obligation under this Agreement
to make payments to or on behalf of the COE is deemed to
constitute an "indebtedness" within the meaning of Health and
Safety Code Sections 33670 and 33675.
(b) Except as set forth herein, the Agency's
obligation to make payments hereunder shall be limited to Tax
Increment from the Project Area which is actually received by the
Agency. In no way shall the Agency be liable for such obligations
from any other revenues. The City shall have no financial
obligation or any other obligations by virtue of this Agreement,
and shall not be responsible for the discharge of obligations of
the Agency herein.
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(c) It is understood that certain amounts of the
taxes allocated to the Agency pursuant to Section 33670 of the
California Health and Safety Code (other than the COE's Share of
Tax Increment) must be set aside by the Agency in special funds
to service Bonded Indebtedness and meet the Agency's obligation
under Health and Safety Code Section 33334.2, or a successor
statute.
(d) The parties understand that future legislative
changes made to Health and Safety Code Section 33334.2 or other
sections of the California Community Redevelopment Law may
increase or decrease the amount of Tax Increment which is
available to the Agency and which is payable to or on behalf of
the COE hereunder. The parties further understand and
acknowledge that by excluding such mandatory payments from the
definition of Tax Increment under this Agreement, only the COE's
Share pro rata of such mandatory payments is deducted from the
amounts payable to or on behalf of the COE hereunder.
Subject to Section 9 herein, it is further
understood by the parties that certain additional amounts of the
taxes allocated to the Agency pursuant to Section 33670 of the
California Health and Safety Code may be required to be set aside
or paid to meet legislative requirements which may be imposed on
some or all redevelopment agencies pursuant to currently proposed
or subsequent legislation. The parties understand that such
potential legislative changes to the Community Redevelopment Law
may increase or decrease the amount of Tax Increment which is
available to the Agency and thus available for payment to or on
behalf of the COE hereunder.
Subject to the rights of the COE and /or the Agency
to terminate this Agreement pursuant to Section 9 herein and to
the extent the parties elect to proceed hereunder, the full
amount, if any, paid by the Agency to the COE pursuant to any
mandatory pass through to the COE due to legislative requirements
each year shall be credited to the Agency and offset and deducted
from the amounts due by the Agency to or on behalf of the COE
pursuant to Section 2 herein, or alternatively, in any year if no
payments by the Agency to the COE are mandated by legislative
requirements due to the form or exceptions of this Agreement, the
full amount excepted shall be included within the amount of
available Tax Increment for the payment by the Agency to or on
behalf of the COE required by Section 2 herein.
(e) Notwithstanding the other provisions of this
Section 5 hereof, the obligations of the Agency under this
Agreement are subordinate to all Bonded Indebtedness and no
payment shall be made by the Agency in any Fiscal Year pursuant
to this Agreement if such payment would impair any Bonded
Indebtedness.
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(f) Notwithstanding any other provisions of this
Agreement to the contrary, the Agency's obligation to make
payments to or on behalf of the COE under this Agreement in any
single Fiscal Year shall not: (i) exceed the amount of Tax
Increment which would have been received by the COE if all the
Tax Increment from the Project Area had been allocated to all the
affected taxing agencies without regard to the division of taxes
required by Health and Safety Code Section 33670; (ii) be
contrary to any provision of the Constitution or other laws of
the State of California; or (iii) be contrary to any covenants of
the Agency as set forth in the Bonded Indebtedness documents.
(g) No payments shall be made by the Agency from
the Tax Increment to or on behalf of the COE except as expressly
set forth in Sections 2 of this Agreement.
(h) The COE shall indemnify, defend and hold
harmless the Agency, the City and their respective officers,
employees, representatives and agents from any and all claims,
liabilities and causes of action asserted by any third party
against the Agency or the City by reason of the Agency's payment
of funds in the manner described in Sections 2 of this Agreement.
6. Accounting Statement. Upon written request by the
Agency, the COE shall promptly provide without charge a written
statement accounting for the expenditure of monies paid pursuant
to this Agreement.
7. Effective Date and Term. This Agreement shall
become effective upon the date of action and the approval of this
Agreement by the Agency and shall remain in effect throughout the
Term. Notwithstanding the foregoing, this Agreement shall
terminate automatically and be of no further force or effect in
the event the adoption of the Plan should be set aside, annulled
or modified as the result of litigation of whatever form against
the Plan.
The word "modified" as used in the previous sentence
shall mean a modification of the Plan which affects: (i) the
financial provisions (including the tax increment limitation and
the limitation on bonded indebtedness), (ii) the authorized
powers of the Agency or its legislative body, (iii) the intended
public or private projects or improvements, (iv) the Term,
(v) the period of eminent domain, or (vi) the Project Area. With
respect to (i) through (vi) inclusive above, if the intent and
factual and legal assumptions of the parties to this Agreement
cannot be fulfilled or are affected contrary to the objectives as
mutually agreed herein then this Agreement shall be so
terminated.
If litigation of whatever form is filed by any person or
entity challenging the Plan, the Ordinance or any proceeding in
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connection with such adoption proceeding, then the payment
requirements of the Agency in Section 2 hereunder shall be tolled
and delayed for the period of such litigation.
If as a result of the terms and conditions of this
Agreement any department of the State of California, the State of
California Legislature, or a court of law, imposes restrictions,
conditions, penalties, mandatory payments by the Agency, or any
other conditions or requirements, which in any way adversely
affects the normal, accepted, and standard revenue sources and
accounting practices and amount of revenues with regards to the
financing of services and facilities of the COE as provided for
by the Community Redevelopment Law or otherwise by the State of
California, then at the reasonable discretion of the COE this
Agreement shall be terminated and be of no other further force or
effect and thereafter be renegotiated between the COE and the
Agency.
If any department of the State of California, the State
of California Legislature, or a court of law imposes restrictions,
conditions, penalties, statutory requirements, mandatory payments
to taxing entities or any other requirements which in any way
adversely affects the current method of tax increment allocation
and /or thereby the amount of tax increment payable to and /or
expendable by the Agency for non - mandated purposes under the
Plan, and /or the amount of tax increment allocable to the Agency
to pay the COE, and /or the amount of funds to be set aside or
mandated to be paid to or expended for taxing entities as
provided for by the Community Redevelopment Law or otherwise by
the State of California, then at the reasonable discretion of the
Agency this Agreement shall be terminated and be of no other
further force or effect and thereafter be renegotiated between
the COE and the Agency.
In clarification of the foregoing two paragraphs, in the
event the Agency or the COE in their respective discretionary
acts terminate this Agreement or a court modifies the Plan as
described in the second paragraph of this Section 7, the Agency
and COE agree each is obligated to negotiate in good faith toward
an amended or new pass- through contract, which contract provides
reasonably remaining financial benefit to the COE and reasonably
equivalent remaining tax increment funds allocable and paid to
and /or expendable by the Agency in relation to the legislative
requirements and circumstances at the time of such
renegotiations, all in full compliance with the Community
Redevelopment Law and all other applicable laws.
B. Notice of Plan Adoption. The COE certifies to the
Agency that it has received all notices, written or published,
that it is required by the California Community Redevelopment Law
to receive during the process leading to the adoption of the
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Plan, and hereby waives any and all legal rights it may have to
contest the Plan due to a failure to receive any statutorily
required notice.
9. Release and Covenant Not to Sue or Chall nae Plan.
The COE releases the City and the Agency from any and all claims
or causes of action, and covenants and agrees and irrevocably
binds itself and its officers, employees, agents and
representatives forever at no time or place to commence or
participate in or prosecute any actions on account of any claim
or causes of action, whether past, present or future, arising out
of the City's and the Agency's adoption of the amendment to the
Plan, or the City's or the Agency's lawful activities in
implementation of and pursuant to the Plan. The COE agrees that
neither it, nor its officers, employees, agents or
representatives at the expense, direction, recommendation or
encouragement of the COE, shall file or participate in opposition
to the Agency or the City in any challenge attacking or otherwise
questioning (i) the validity of the Plan, or (ii) the adoption or
approval of the Plan, or (iii) any of the findings,
determinations, or filings previously made by the Agency or the
City Council in connection with the Plan, or (iv) the
implementation of the Plan, or any of its supporting
documentation, including, without limitation, any Environmental
Impact Report prepared for the Plan in connection with the
actions set forth in paragraphs (i) through (iv) above. The COE
furthermore agrees that neither it, nor its officers, employees,
agents or representatives at the expense, direction,
recommendation or encouragement of the COE, shall file or
participate in opposition in any challenge to any zoning changes,
general plan amendments, conditional use permits, or any other
specific development applications within the Project Area
proceeding through the entitlement process of the City and /or the
Agency pursuant to the Plan.
The COE acknowledges that it is aware of and familiar
with the provisions of Section 1542 of the California Civil Code,
which provides as follows:
"A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the
time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
The COE hereby waives and relinquishes all rights and
benefits which it may have under Section 1542 of the California
Civil Code.
By agreeing to the provisions included in this
Section 9, the COE does not waive the right to dispute the
validity of any future amendments to the Plan.
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10. Enrollment Within Project Area. The COE agrees to
enroll and provide all services as required by law to all
individuals added to the COE responsibilities as a result of the
Plan and the development thereunder. Upon request of the Agency
the COE shall provide a letter or other documentation certifying
any of the above. Upon the request of the COE, the staff of the
Agency shall meet and confer with representatives of the COE
concerning any of the plans, reports, land use applications or
other items or actions set forth above. The COE will provide
such individuals with the same limitations and opportunities
regarding COE sponsored programs as offered other individuals of
the COE.
11. No Overcrowdina Resolution. The COE acknowledges
that it is not entitled to make or transmit findings pursuant to
Section 33445.5 of the Community Redevelopment Law that
conditions of overcrowding exist in areas within the COE which
serve individuals who reside within or adjacent to the Project
Area and that the conditions of overcrowding result from actions
taken by the Agency in implementing the Plan. Nothing in this
Agreement shall be construed to prohibit the COE from making
findings to obtain interim facilities fees pursuant to Government
Code Section 65973, et seq., or a successor statute.
12. Default. Failure or delay by any party to perform
any term or provision of this Agreement constitutes a default
under this Agreement. The party who so fails or delays must
immediately commence to cure, correct or remedy such failure or
delay, and shall complete such cure, correction or remedy with
reasonable diligence and during any period of curing shall not be
in default. The injured party shall give written notice of
default to the party in default, specifying the default
complained of by the injured party. If the default is not
commenced to be cured within thirty (30) days after service of
such notice of default and is not cured promptly in a continuous
and diligent manner within a reasonable period of time after
commencement, the defaulting party shall be liable for any
damages caused by such default, and the non - defaulting party may
thereafter commence an action for damages with respect to such
default or for specific performance of this Agreement.
13. Indemnification. The Agency shall indemnify and
hold harmless the COE and its officers, agents, employees,
representatives and volunteers, from and against any loss,
liability, claim or judgment relating in any manner to the
Agency's breach of its obligations pursuant to this Agreement.
The COE shall indemnify and hold harmless the Agency and its
officers, agents, employees, representatives and volunteers, from
and against any loss, liability, claim or judgment relating in
any manner to the COE's breach of its obligations pursuant to
this Agreement.
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14. Notices. Written notices, demands and
communications between the parties shall be sufficiently given if
delivered by hand, sent by telecopy or overnight delivery
service, or dispatched by registered or certified mail, postage
prepaid, return receipt requested, to the addresses specified
below (or such other addresses as the parties may specify, from
time to time):
To Aaenc
POWAY REDEVELOPMENT AGENCY
13325 Civic Center Drive
Poway, California 92064
Attention: Executive Director
To COE:
SAN DIEGO COUNTY OFFICE OF EDUCATION
Attention:
All notices and communications sent to the parties shall
be deemed to have been received three (3) days after the notice
or communication has been deposited in the U.S. Mail, and the
next business day after the notice or communication has been
delivered by hand or sent by telecopy or overnight delivery
service.
15. Attorneys' Fees. In the event any action by either
party is taken to enforce this Agreement, the prevailing party
shall be entitled to recover its actual attorneys' fees and costs
of litigation from the other party.
16. Nonliability of Officials and Employees of
Parties. No member, official or employee of the parties hereto
shall be personally liable to the other party, or any successor
in interest, in the event of any default or breach of this
Agreement or for any amount which may become due hereunder, or on
any obligations under the terms of this Agreement.
17. Conflicts of Interest. No member, official or
employee of the parties hereto shall have any personal interest,
direct or indirect, in this Agreement, nor shall any member,
official or employee participate in any decision relating to the
Agreement which affects his or her personal interests or the
interests of any corporation, partnership or association in which
he or she is directly or indirectly interested.
18. Entire Agreement. This Agreement constitutes the
entire understanding and agreement of the parties, integrates all
of the terms and conditions mentioned herein or incidental
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hereto, and supercedes all negotiations or previous agreements
between the parties with respect to all or any part of the
subject matter hereof.
19. Waivers and Amendments. All waivers of the
provisions of this Agreement shall be in writing and executed by
the appropriate authorities of the parties, and all amendments
hereto shall be in writing and executed by the appropriate
authorities of the parties.
20. Time of Essence. Time is of the essence with
respect to every portion of this Agreement of which time is a
material part.
21. Legal Challenge. The COE and Agency agree that in
the event litigation is initiated by someone not a party to this
Agreement attacking the validity of all or any portion of this
Agreement, both parties shall support and seek to uphold this
Agreement.
22. Governing Law. This Agreement shall be construed
in accordance with the laws of the State of California. Legal
actions concerning any dispute hereunder shall be instituted in
the appropriate court in the County of San Diego, California.
23. Further Assurances. Each party without further
consideration agrees to execute such other and further documents,
and to perform such other and further acts, as may be necessary
or proper in order to consummate the settlement and transaction
contemplated by this Agreement. In the event that bond counsel
for the Agency requires modifications to this Agreement in order
to effect the issuance of bonds, all parties hereto shall
promptly execute such alterations, changes or amendments as may
be reasonably required to allow for bond issuance without
impeding the obligations and rights of the parties hereunder.
24. Severability. If any term or provision of this
Agreement shall be invalid or unenforceable to any extent, the
remainder of this Agreement shall not be affected thereby, and
the parties hereto shall take further actions as may be
reasonable necessary and available to them to effectuate the
intent of the parties as to all provisions set forth in this
Agreement.
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v
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IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the day and year first above written.
ATTEST:
APPROVED AS TO FORM:
C k&'l L ` kao,
County Sp cial Counsel
BOWIE, ARNESON, KADI, WILES
& GIANNONE
SAN DIEGO COUNTY OFFICE OF
EDUCATION, a public agency
"COE"
POWAY REDEVELOPMENT AGENCY, a
public body corporate and politic
Byo�
Chairman., Don H son
"AGENCY"
ATTEST:
Agenc,& Aacretary. Marjorie K. Wahlsten
APPROVED AS TO FORM:,
Agency General Counsel
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