1977-055RESOLUTION NO. 77R- 55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DETERMINING THAT CERTAIN FACILITIES
OF THE PLACENTIA UNIFIED SCHOOL DISTRICT ARE
OF BENEFIT TO THE REDEVELOPMENT PROJECT ALPHA
PROJECT AREA AND THE IMMEDIATE NEIGHBORHOOD IN
WHICH THE PROJECT IS LOCATED; DETERMINING THAT
THE CITY HAS NO OTHER REASONABLE MEANS OF
FINANCING SAID FACILITIES; AND CONSENTING TO
THE ANAHEIM REDEVELOPMENT AGENCY PAYING FOR ALL
OR PART OF THE COST OF SAID FACILITIES.
WHEREAS, the Anaheim Redevelopment Agency is
carrying out the Anaheim Redevelopment Project Alpha (herein-
after the "Project pursuant to the Redevelopment Plan for
the Project approved and adopted by the City Council by
Ordinance No. 3190 on July 19, 1973, as amended by Ordinance
No. 3567 on July 20, 1976, and as further amended by Ordinance
No. 3631 on November 30, 1976; and
WHEREAS, a substantial portion of the land area and
assessed valuation of the Project area is located within the
boundaries of the Placentia Unified School District (herein-
after the "School District and
WHEREAS, the Redevelopment Plan provides for consid-
erable development of industry and commerce in the Project
area which development will depend in part upon the availability
of a labor supply attracted by quality educational and related
services in the vicinity; and
WHEREAS, the School District, through its facilities
located within the Project area and its facilities with
service areas including the Project area, provides educational
and recreational opportunities for residents of the Project
area and the immediate neighborhood in which the Project is
located and for people employed at establishments within the
Project area; and
WHEREAS, the School District proposes to construct
and install certain additional educational and support facilities
as listed and described in Exhibit "A" and located as shown in
Exhibit "B" (both of which Exhibits are attached hereto and
incorporated herein), which facilities by ensuring the continued
availability of quality educational opportunities in and around
the Project area will be an important factor to attract addition-
al private investment into the Project area and thus assist in
the implementation of the Redevelopment Plan; and
WHEREAS, the City desires to provide financial
assistance to the School District to ensure that said facili-
ties are timely constructed so that they will have the greatest
effect possible on the revitalization of the Project area, but
the City is unable to provide such financial assistance because
the revenues now available to the City are only adequate to pay
for necessary municipal services and some capital improvements
with no surplus available to assist financially in the payment
for School District facilities.
NOW, THEREFORE, the City Council of the City of
Anaheim does hereby resolve as follows:
1. The City Council hereby determines that the buildings,
facilities, structures and other improvements listed in said
Exhibit "A" are of benefit to the Project area and the immediate
neighborhood in which the Project is located.
2. The City Council further determines that no other
reasonable means of financing the buildings, facilities,
structures, and other improvements listed in said Exhibit "A"
are available to the City.
3. The City Council hereby consents to the Anaheim
Redevelopment Agency paying all or part of the value of the land
for the cost of the installation and construction of the buildings,
facilities, structures, and other improvements listed in said
Exhibit "A," and further consents to the Anaheim Redevelopment
Agency entering into that certain "Agreement Between the Placentia
Unified School District and the Anaheim Redevelopment Agency,"
attached hereto as Exhibit "C."
THE FOREGOING RESOLUTION is approved and signed by
me this 77th day of January 197
ATTEST:
CITY OF THE CITY OF ANAHEIM
MES:jh
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby
certify that the foregoing Resolution No. 77R -55 was introduced
and adopted at an adjourned regular meeting provided by law, of the City
Council of the City of Anaheim held on the 27th day of January, 1977,
by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, 'Cott and Thom
NOES
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved
and signed said Resolution No. 77R-55 on the 27th day of January, 1977.
(SEAL)
COUNCIL MEMBERS: Roth
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CITY CLERK
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of the City of Anaheim this 27th day of January, 1977.
"CITY CLERK OF THE CITY OF ANAHEIM
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 77R -55
duly passed and adopted by the Anaheim City Council on January 27,
1977.
-i1ity
2. Data Processing Center
EXHIBIT "A"
SCHOOL DISTRICT FACILITIES
Estimated
Facility Description Cost
1. Instructional Materials Acquisition of land $942,000.
Center (approx. 4 acres)
and construction of
building (approx.
14,800 square feet)
at District Education
Center, for storage and
display of instructional
materials and conference
space.
Benefit to the Project Area and the Immediate Neighborhood
This facility will include space for preparation, storage
and display of instructional materials for the District.
Conference rooms will be provided for inservice instruc-
tion and training, curriculum development and related
support activities for schools in the District including
those serving students from the Project area and the
immediate neighborhood.
Construction of build-
ing (approx. 5,000
square feet) on site
of District Education
Center and installa-
tion of computer and
related fixtures.
Benefit To the Project Area and the Immediate Neighborhood
$925,000.
This facility will be used for the storage, processing, and
retrieval of district records by computer. The computer
will be connected by communications lines to terminals
located at Esperanza High School and eventually other schools
serving the Project area and the immediate neighborhood. The
computer will also be available for classroom instruction,
including adult programming school.
Facility
No.
Facility
Warehouse
4. Bus and Vehicle
Maintenance Facility
Description
Construction of build-
ing (approx. 20,000
square feet) on site
of District Education
Center and installa-
tion of storage and
freight handling
fixtures.
Estimated
Cost
$450,000.
Benefit to the Project Area and the Immediate Neighborhood
This facility will be used for storage of District supplies,
textbooks, etc. and will contain space for equipment re-
pair activities. The warehouse will be in close proximity
to industries located within the Project area which provide
supplies, equipment and services to the School District.
Acquisition of land
(approx. 4 acres) and
construction of ex-
pansion(approx. 3,000
square feet) to existing
building at District
Education Center, includ-
ing installation of
necessary site improve-
ments and fixtures, for
repair of vehicles and
equipment.
Benefit to the Project Area and the Immediate Neighborhood
This facility will be used for the repair and maintenance
of numerous busses, trucks, tractors, automobiles, and
other engine- driven District equipment. Such equipment
is used at the schools serving the Project area and the
immediate neighborhood for transportation of pupils, the
public by charter, and hauling of various materials and
supplies. The facility will be in close proximity to
industries located within the Project area which provide
gasoline and oil products and other supplies and services
to the School District.
$355,000.
Facility Estimated
No. Facility Description Cost
Maintenance Building
Acquisition and
improvement of land
(approx. 3 acres)
and building (approx.
15,000 square feet)
adjacent to District
Education Center, in-
cluding installation
of necessary site
improvements, for
equipment storage
and maintenance.
$425,000.
Benefit to the Project Area and the Immediate Neighborhood
This facility will house the District's maintenance and
groundskeeping activities. The facility serves the schools
which will be attended by pupils from the Project area and
the immediate neighborhood. By contributing to the main-
tenance of the school plant, the facility thereby contributes
to the quality of the District's educational program as well
as the programs (e.g. recreational) made available on school
grounds for the public generally.
6. Vocational High School
Benefit to the Project Area and the Immediate Neighborhood
This facility will contain specialized equipment for high
school and adult vocational education. It is expected that
adults receiving vocational training will be employed in
the Project area and students upon graduation will seek
employment in the Project area. High school vocational
students may be a source of trainees and part -time employees
for firms locating in the Project area.
Construction of build-
ing (approx. 36,000
square feet) on site
of existing Continua-
tion High School and
installation of nec-
essary instructional
fixtures.
$2,380,000.
ility
Estimated
Facility Description Cost
Student Mothers Facility
Benefit to the Project Area and the Immediate Neighborhood
This facility is for the education of students who are
either expecting a child or have a child. It will include
space for counseling and instruction in child care,
nutrition and home management as well as space for a
nursery and playground. The facility will serve students
district wide including those from the Project area and
the immediate neighborhood.
8. Communications Center Construction of build- $775,000.
ing (approx. 3,000
square feet) on site
of Instructional
Materials Center and
installation of nec-
essary communication
fixtures.
Benefit to the Project Area and the Immediate Neighborhood
This facility will be connected with the Instructional
Materials Center. It will be used for closed circuit
television instruction, with communication lines installed
for transmittal directly to the schools, including those
serving students from the Project area and the immediate
neighborhood.
Acquisition of land
(approx. 1 acre)
and construction of
building (approx.
3,000 square feet)
at District Education
Center, including nec-
essary site improve-
ments and fixtures,
for instruction of
student mothers and
child care.
$225,000.
Facility
N
Estimated
Facility Description Cost
District Office Construction of ex-
pansion (approx.
12,000 square feet)
to existing office
building at District
Educational Center,
including installa-
tion of necessary
office fixtures.
Benefit to the Project Area and the Immediate Neighborhood
This facility would add to the District central office built
in 1967, when student enrollment was 8,900,sufficient space
to house special education personnel, child welfare and
attendance staff and other personnel required as a result of
the increase in enrollment to 19,200 students currently, and
the expected future increase in enrollment to 25,000 to
30,000 students. The facility will provide support to schools
serving the Project area and its immediate neighborhood.
10. Valencia High School Rehibilitation and
construction of nec-
essary improvements
to buildings and
site of existing
school facility.
Benefit to the Project Area and the Immediate Neighborhood
This facility serves the western part of the Project area,
including approximately 140 new dwelling units now under
construction, as well as serving many students from the
immediate neighborhood of the Project. As the oldest high
school in the District much of the school is substandard
and requires renovation. The school's auditorum, stadium
and other facilities are also made available to the public
generally (including employees and others from the Project
area) for meetings, plays, concerts, lectures, recreation,
etc. Adult school classes held at the facility are open
to employees and residents from the Project area.
$470,000.
$4,950,000.
ility Estimated
Facility Description Cost
11. Esperanza High School Construction of build- $1,140,000.
ings and necessary
improvements for in-
struction of trainable
mentally retarded, for
recreation facilities
including ball courts
and fields and parking
facilities, and for
expansion of shops,
restrooms and other
similar facilities.
Benefit to the Project Area and the Immediate Neighborhood
This facility serves the eastern portion of the Project
area and the immediate neighborhood thereof for both school
purposes and as a community center for meetings, recreation
and other activities. The facility will be expanded to
provide space for instruction of the trainable mentally
retarded, additional recreation facilities and parking and
other support activities.
12. Kraemer Junior High Rehabilitation and
School construction of nec-
essary improvements
to buildings and
site of existing
school facility.
Benefit to the Project Area and the Immediate Neighborhood
This facility serves the western part of the Project area
including approximately 140 new dwelling units now under
construction, as well as serving many students from the
immediate neighborhood of the Project. As the oldest and
smallest junior high school in the District it requires
renovation to meet the increased student and public demand
brought about partly by redevelopment in the Project area.
The school is made available as a "civic center" for the
community, including employees and residents from the Pro-
ject area and its immediate neighborhood, who may use it
for meetings, recreation, etc.
$1,710,000.
-ility
Estimated
Facility Description Cost
Portable Classrooms
Installation of por-
table classrooms and
related site improve-
ments and fixtures
to be used for a
minimum of three years
after installation at
the following school
sites:
a. Valencia High School
b. Esperanza High School
c. Kraemer Junior High
School
d. Orchard Elementary
School
e. Glenview Elementary
School
f. Rio Vista Elementary
School
$720,000.
Benefit to the Project Area and the Immediate Neighborhood
These facilities will be located at the schools of all grade
levels serving the Project area and its immediate neighbor-
hood. They will provide space for several years to accomodate
the increased student enrollment brought about partly by
redevelopment of the Project area, while permanent facilities
are planned and constructed to serve the same areas.
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EXHIBIT "C"
AGREEMENT BETWEEN
THE PLACENTIA UNIFIED SCHOOL DISTRICT
AND
THE ANAHEIM REDEVELOPMENT AGENCY
THIS AGREEMENT is made and entered into this day of
1977, by and between the PLACENTIA UNIFIED SCHOOL
DISTRICT (hereinafter the "School District and the ANAHHEIM
REDEVELOPMENT AGENCY (hereinafter the "Agency
IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
R E C I T A L S
A. The Agency is carrying out the Anaheim Redevelopment
Project Alpha (hereinafter the "Project pursuant to the Redevel-
opment Plan for the Project approved and adopted by the City Council
of the City by Ordinance No. 3190 on July 19, 1973, as amended by
Ordinance No. 3567 on July 20, 1976, and as further amended by
Ordinance No. 3631 on November 30, 1976.
B. The said Redevelopment Plan includes a provision author-
izing the allocation to the Agency of property taxes levied by all
taxing agencies on the increase in the assessed valuation of pro-
perty within the Project area between the assessed valuation of
said property on the 1972/1973 assessment roll and the assessed
valuation thereon shown on each assessment roll subsequent thereto.
C. A substantial portion of the land area and assessed valua-
tion of the Project area is located within the boundaries of the
School District.
D. The Project has affected and will continue to affect
the School District in that the redevelopment of the Project area
has resulted and will continue to result in increased student
enrollment within the School District by reason of the residential
growth which has occurred and will continue to occur inside and
outside the Project area because of the industrial and commercial
development within the Project area.
E. By reason of the tax allocation provision of the Redeye-
lopment Plan, the Project may have certain adverse impacts on. the
financing of the School District in that the School District may
be deprived of some tax revenues otherwise available to it on cer-
tain of its override taxes.
F. The Agency is authorized by Section 33401 of the Health
and Safety Code to pay the School District any amounts of money
which, in the Agency's determination, are appropriate to alleviate
any financial burden or detriment caused the School District by
the Project:
G. in addition, the Agency is authorized by Section 33445 of
the Hea== and Safety Code, with the consent of the City Council
of the __ty, to pay all or part of the value of the land for and tho
cost of =tee installation and construction of any building, facility,
structure, or other improvement, (hereinafter sometimes referred to
as School District "facilities owned or to be owned by the School
District, whether within or without the Project area, upon a deter-
mination by the City Council that such buildings,facilities,
structures or other improvements are of benefit to the Project
area or the immediate neighborhood in which the Project is located
and that no other reasonable means of financing such buildings,
facilities, structures, or other improvements, are available to the
community (the "community" as defined in the Community Redevelop-
ment Law means the City of Anaheim).
H. The purpose of this Agreement is to provide for appro-
priate payments to be made by the Agency to the School District
in order: (1) to alleviate the finacial burden or detriment
caused to the School District by the allocation of funds to the
Agency from certain School District tax levies; and (2) to assist
the School District by paying for all or part of the cost of certain
School District facilities which are of benefit to the Project area
or the immediate neighborhood in which the Project is located and
for which no other reasonable means of financing is available to
the community.
NOW, THEREFORE, the Agency hereby agrees to make the following
payments to the School District upon the terms and conditions here-
inafter set forth:
In accord with provisions of the California Education Code the
School District may levy certain permissive override taxes to raise
funds for specific educational programs over and above its general
purpose budget. Where there is a statutory limit on the tax rate
which may be levied by the School District for such programs, the
A. 100] PERMISSIVE OVERRIDE TAXES WITH
MAXIMUM RATE LIMIT
total amount of revenue which the School District may raise, and
thus the level of support for the particular educational program,
is limited by the maximum rate and the assessed valuation available
to the School District. When the School District is levying the
maximum rate for such an override tax, but cannot apply such rate
against the incremental assessed valuation within the Project, the
School District may be unable to support its desired level of
expenditures for the program. The Agency and School District desire
to alleviate such financial burden and detriment to the School Dis-
trict by providing for the payments to be made by the Agency pur-
suant to these Sections 100 -103.
1. B 101] The Agency hereby agrees to pay to the
School District each year, commencing with fiscal year 1977/78,
the amount of revenue allocated and paid to the Agency each year
as a result of the application of the following School District
override tax rates to the incremental assessed valuation of the
Project within the School District, provided that such payments
shall only be made for those listed taxes which are actually
levied at or above said listed rates for the year:
Override Tax
Community Services
Regional Occupational Program
Capital Outlay
Meals for Needy Pupils .05
Earthquake Safety .20
Tax Rate Basis
for Payment When
Actually Levied
.1
.05
The override tax rates listed above are the statutory maximum
tax rates permitted for the respective programs as of the date of
this Agreement. In the event that future changes in state law
reduce the maximum permitted override tax rate for any of the pro-
grams for which payments are provided under this Section 101, the
Agency shall only be required to make payments based on the actual
levy of such lower statutory maximum tax rate.
In the event that future changes in state law authorize addi-
tional permissive override taxes with maximum rate limits or increases
in the statutory maximum rate limits of the taxes listed in this Sec-
tion 101, the payment provided for herein may be adjusted by mutual
agreement of the Agency and School District to include the revenues
raised as a result of such changes.
2. B 102] The School District will transmit to the
Agency on or before September 15 of each fiscal year, its statement
of the amount of revenue which it estimates will be raised during
the then current fiscal year pursuant to Section 101 above. The
Agency agrees to make payments on January 31 and June 30 of each
fiscal year of the amount of taxes which have been collected and
paid to the Agency by such dates as a result of the levy of the
rates specified in Section 101. Any portion of said taxes which
the Agency has not received by May 31 in any year shall be paid to
the School District at such time as they are allocated and paid to
the Agency. Said payments shall include subvention of funds collect-
ed and paid to the Agency from other government agencies replacing
amounts which otherwise would have been raised by the levy and col-
lection of the applicable permissive override tax rate. Any
difference between the estimated and actual amount of revenue raised
and paid to the Agency, including prior year taxes collected and so
identified by the Tax Collector, in accordance with Section 101 in
any fiscal year shall be adjusted in the final payment of such fiscal
year.
3. 103] The payments made pursuant to Section 101
shall be expended by the School District only for each purpose
and each amount permitted with respect to the program for which
the applicable override tax is levied. The School District agrees
to provide to the Agency not later than September 15 of each year
an accounting of expenditures made and liabilities incurred during'
the preceding fiscal year with respect to funds paid to the School
District pursuant to Section 101 and to certify that the funds pro-
vided by the Agency hereunder have been expended in compliance with
the requirements of this Agreement.
B. B 200] PAYMENT FOR SCHOOL DISTRICT FACILITIES
The continued availability of quality educational opportunities
in and around the Project area is an important factor (1) to serve
students living in the Project area or the immediate neighborhood
in which the Project is located, and (2) to attract additional pri-
vate investment into the Project area for development and thus
assist in the implementation of the Redevelopment Plan. Moreover,
the continued implementation of the Redevelopment Plan will con-
tribute to the expected increase in the School District's student
population inside and in the immediate neighborhood of the Project
area by attracting new residents to the area to work in the industrial
and commercial establishments which will be developed in the Project
area. Such increase in student population will in turn contribute
to the School District's need for new and improved educational and
support facilities of various types.
The City and Agency have found by resolutions that the facil-
ities listed and described in Exhibit "A" and located generally as
shown in Exhibit "B" (both of which Exhibits are attached hereto
and incorporated herein by this reference) will benefit the Project
area and the immediate neighborhood in which the Project is located
and that no other reasonable means of financing such facilities is
available to the community, the City of Anaheim. The Agency and
the School District desire to have the Agency provide financial as-
sistance to the School District for the purchase of land and the
construction and installation of School District facilities, as
listed in Exhibit "A" in the manner set forth in Sections 200 -206.
1. 201] The Agency hereby agrees to pay to the School
District the following amounts to be expended by the School Dis-
trict to pay for all or part of the value of the land for and the
cost of the installation and construction of the School District
buildings, facilities, structures, and other improvements listed
in Exhibit "A or such other School District facilities as the
City and Agency may hereafter approve with appropriate findings
by resolution pursuant to the Community Redevelopment Law:
a. 202] Within 90 days of the date of this Agree-
ment the Agency shall pay to the School District the amount of
One Million Eighteen Thousand Five Hundred and No /Hundfedths Dol-
lars ($1,018,500.00).
b. [5 203] For fiscal year 1977 -78 through 1991 -92,
both inclusive, the Agency shall pay to the School District each
year Four Hundred Seventy Three Thousand Four Hundred Forty -Eight
and No /Hundredths Dollars ($473,448.00), plus or minus an amount
determined by multiplying $473,448.00 by the total percentage
change in the incremental assessed valuation of the Project within
the School District as between fiscal year 1976 -77 and the fiscal
year of each such payment; provided, however, that the Agency's
obligation to make payments to the School District under and by
reason of this Section 203 shall be limited in any fiscal year
to the amount of funds allocated and paid to the Agency in such
fiscal year from the levy of all School District tax rates on the
incremental assessed valuation of the Project within the School
District for such fiscal year, exclusive of the payments made
under Sections 100 -103 of this Agreement.
The incremental assessed valuation of the Project within the
School District for fiscal year 1976 -77, the base for purposes of
computing the total percentage change upward or downward in the
incremental assessed valuation as herein provided, is hereby de-
termined to be $49,545,712.00.
The following table is presented as an example only of the
computation of the amount to be paid in a year in accordance with
this Section 203:
Year of
Payment
1977 -78
1978 -79
1979 -80
1980 -81
Base Year Incremental
Assessed Valuation
$49,545,712.00
$49,545,712.00
$4. 9,545,712.00
$49,545,712.00
Payment Year._Incremental
Assessed Valuation
(Hypothetical)
$53,000,000.00
$45,000,000.00
$55,000,000.00
$59,000,000.00
(Table Continued)
Year of
Payment
1977 -78
1978 -79
1979 -80
1980 -81
Percentage Change
in Incremental Base
Assessed Valuation Payment
6.97%
9.17%
+11.01%
+19.08%
2. B 204] Within ninety (90) days after the date of this
Agreement, the School District shall establish a special fund entitled
"Placentia Unified School District Facilities Fund" (the "Fund and
shall credit to said Fund the payment received from the Agency pur-
suant to Section 202.
Commencing with fiscal year 1977/1978 and annually thereafter,
the School District shall also credit to said Fund the payments
received from the Agency pursuant to Section 203. The Agency shall
pay to the School District on January 31 the lesser of (1) one -half
of the amount due the School District pursuant to Section 203, or
(ii) an amount equal to the Agency's tax increment allocations for
the then current fiscal year through December 31. The Agency shall
pay to the School District by June 30 the lesser of (i) the remainder
of the amount due the School District for the then current fiscal
year pursuant to Section 203 after deducting the amount previously
paid by January 31, or (ii) an amount equal to the Agency's tax in-
crement allocations through May 31 when added to the amount pre-
viously paid to the School District by the Agency on January 31.
Any amount remaining as due to the School District after payments
on January 31 and June 30 shall be paid within thirty (30) days
following the receipt of tax increment allocations to the Agency
sufficient to pay the remaining amount due. If the Agency elects
to pay the amount due the School District pursuant to Section 203
-9-
$473,448.00
$473,448.00
$473,448.00
$473,448.00
Add or
Subtract
+$32,999.32
$43,415.18
+$52,126.62
+$90,333.88
Total
Payment
for Year
$506,447.32
$43.0,032.82
$525,574.62
$563,781.88
from bond sales proceeds, the amount due to the School District
shall',be paid in equal installments on January 31 and June 30 of
each fiscal year.
a. (g 205) All income, whether by interest or otherwise,
earned by the School District's Fund shall be the property of the School District
and shall be used for the same purposes as the principal pursuant to the Agreement.
b. 206] The School District shall not make any ex-
penditure from the Fund, nor incur any liability to be paid from
said Fund, except to pay all or part of the value of the land for
and /cr the cost of the installation and construction of the School
District buildings, facilities, structures, and other improvements
listed in Exhibit "A", or such other School District facilities as
the City and Agec -.a hereafter approve with appropriate findings
by resolution pursuant to the Community Redevelopment Law.
The School District agrees to provide to the Agency not later
than Se: =e.,:.ber 15 of each year an accounting of expenditures made
and 1 =';ties incurred during the preceding fiscal year with
respect funds paid to the School District pursuant to this
Agreem= Said accounting shall specify the amounts spent or
encumbered for the respective School District buildings, facilities,
structures and other improvements designated in Exhibit "A de-
scribe generally the status of planning, design and construction
thereof, and contain a certification that the funds provided by
the Agency hereunder have been expended or encumbered in compliance
with the requirements of this Agreement.
C. [5 300] ADDITIONAL TERMS AND PROVISIONS
The payments to the School District of the amounts set forth
in Sections 101 and 201 are supported by, limited by, and /or sub-
ject to the following additional terms and provisions:
1. [5 301] The obligations of the Agency under this
Agreement are indebtednesses of the Agency for the purposes of
carrying out the Redevelopment Plan for the Project area, which
indebtednesses are payable out of and only out of taxes levied by
local taxing agencies in the Project area and paid to the Agency
under Section 33670 of the Health and Safety Code, or out of bond
issues or other borrowings repayable from such taxes.
2. [5 302] In the event the Agency desires to issue
bonds, notes, or other instruments of indebtedness of the Agency
to carry out the Project, then the indebtedness of the Agency under
this Agreement shall be deemed not to be a first pledge of tax in-
crement allocations received by the Agency pursuant to Health and
Safety Code Section 33670; and the indebtednesses of the Agency
under this Agreement shall be subordinate to any pledge of tax in-
crements to bond holders or the holders of other instruments of
indebtedness; provided, however, that the Agency agrees that if
tax increments are not available for the payments agreed to here-
under because such increments are pledged to the payment of such
bonds, notes, or other instruments of indebtedness, then such pay-
ments shall be made from the proceeds of bonds, notes, or other
instruments of indebtedness issued by the Agency.
3. 303, School District agrees to indemnify and
hold the Agency and the City of Anai,ei;n harmless from all claims,
expenss, damages and liability for any injury or damage to per-
sons or property arising from the construction or operation of any
building, facility, structure, or other improvement designated for
Agency financial assistance under this Agreement and made against
Agency and /or the City of Anaheim as a result of the payment of
funds or other performance under this Agreement.
If the School
District, any agent or contractor of the School District carries liability insurance
with respect to the School District facilities which are the subject of this
Agreement, School District agrees to name or cause to be named the Agency and the
City as additional insureds to the extent of the Agency and City's performance
hereunder.
4. 304] This Agreement constitutes the entire understand-
ing and Agreement between the parties and supercedes all previous
negotiations between them. It is the intent of the Agency and
School District that the payments herein provided constitute a full,
comple=x, fair and equitable adjustment for all financial and other
impacts which have or may result during the term of Agreement from
the Prc or any amendment thereto which does not add to the area
within 5cnool District, and for which Agency may make payments to
School District under the California Community Redevelopment Law,
Health and Safety Code Section 33000 et seq.
12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the date first hereinabove written.
PLACENTIA UNIFIED SCHOOL DISTRICT
Dated:
Dated:
Dated:
By
ANAHEIM REDEVELOPMENT AGENCY
By
By
CHAIRMAN
SECRETARY