HomeMy WebLinkAboutFirst Amended Reimbursement of CostsFIRST AMENDED AGREEMENT FOR REIMBURSEMENT OF COSTS
AND CITY/SUCCESSOR AGENCY OPERATIONS LOAN
This FIRST AMENDED AGREEMENT FOR REIMBURSEMENT OF COSTS AND
CITY/SUCCESSOR AGENCY OPERATIONS LOAN ("First Amended Agreement") is made
and entered into as of Apr'j 1 11 _, 2012 by and among the CITY OF TUSTIN. a California
municipal corporation (City"), and the CITY OF TUSTIN ACTING AS SUCCESSOR
AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY ("City Successor
Agency").
RECITALS
A. The Tustin Community Redevelopment Agency ("Agency") was established as a
community redevelopment agency that was previously organized and existing under the California
Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL"), and
previously authorized to transact business and exercise the powers of a redevelopment agency
pursuant to action of the City Council ("City Council") of the City.
B. The Tustin Housing Authority is a housing authority and public body corporate and
politic organized, existing, and operating pursuant to the California Housing Authorities Law, Health
and Safety Code Section 34200, et seq.
C. Assembly Bill IX 26 added Parts 1.8 and 1.85 to Division 24 of the California Health
& Safety Code, which laws caused the dissolution and wind down of all redevelopment agencies
("Dissolution Act).
D. On December 29, 201 California Redevelopment Association, et al. v. Malosantos,
Case No. S194861, the California Supreme Court upheld the Dissolution Act and thereby all
redevelopment agencies in California are subject to the Dissolution Act and were dissolved effective
February 1, 2012.
E. The Agency is now a dissolved community redevelopment agency pursuant to the
Dissolution Act.
F. By a resolution considered and approved by the City Council at an open public
meeting on January 17, 2012, the City chose to become and serve as the "City Successor Agency" to
the dissolved Agency under the Dissolution Act.
G. As of and on and after February 1, 2012, the City serves as the "City Successor
Agency" and will perform its functions as the successor agency under the Dissolution Act to
administer the enforceable obligations of the Agency and otherwise unwind the Agency's affairs, all
subject to review and approval by a seven-member Oversight Board formed thereunder.
H. By a resolution considered and approved by the City Council at an open public
meeting on January 17, 2012, and pursuant to California Health and Safety Code Section 34176 of
the Dissolution Act, the City declined to assume the housing assets and functions of the Agency and
selected the Tustin Housing Authority to so assume such housing assets and functions, and on such
date, also pursuant to Section 34176, the Housing Authority accepted and assumed the housing assets
and functions of the Agency and as of February 1, 2012 became and serves as the "Successor
Housing Agency" of the former Agency pursuant to the Dissolution Act. At this time, assets
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assigned and transferred by operation of law and to be assigned and transferred to the Successor
Agency by authorization of and direction from the Oversight Board and operating pursuant to the
Dissolution Act, are not adequate to fund administrative support costs and expenses unless any future
Low and Moderate Income Housing fund balances are authorized to be transferred under State Law
to the Successor Housing Agency. If this occurs, a future modification to this Agreement may be
necessary.
I. City as the Successor Agency is engaged in activities necessary and appropriate to
wind down the activities of Tustin Community Redevelopment Agency's Redevelopment Plans
( "Redevelopment Plans ") for the MCAS Tustin Project, the Town Center Project and the South
Central Project ( "Project Areas ") that were originally adopted and amended by ordinances of the City
Council.
J. Employees of the City will perform day -to -day administration and operation of the
Successor Agency's duties and functions. Since the Tustin Community Redevelopment Agency was
originally formed and upon Successor Agency's effectiveness as of February 1, 2012, the City has
provided and shall continue to provide services to the Successor Agency, including but not limited to
providing administrative, accounting, auditing, planning, engineering, legal. risk management,
financial, clerical, recordkeeping, and other services necessary for the Successor Agency to carry out
its responsibilities.
K. City and City Successor Agency on March 13, 2012, entered into an Agreement for
Reimbursement of Costs and City /Successor Agency Operations Loan ( "Original Agreement ") to
document an on -going cooperative arrangement regarding administrative and operational services
and payment for services whereby City agrees to provide administrative and operational services and
City Successor Agency agrees to pay City for the cost of all such services to be provided by City for
City Successor Agency pursuant to California Health and Safety Code Section 34177 0).
NOW, THEREFORE, for and in consideration of the mutual promises, covenants and
conditions herein contained, the parties hereto agree as follows:
1. Modification of Section 2 of the Original Agreement as it relates to the Cost of
Administrative Expenses and Administrative Cost Allowances for Fiscal Year 2012 -13 Section
2 of the Original Agreement is hereby amended to add the following new Section 2.4 to read as
follows:
"Section 2.4. City Successor Agency and City estimate that the cost of administrative and
operational services to be provided by City to the City Successor Agency for the period of July 1,
2012 through June 30, 2013 is Four Hundred Forty-Four Thousand One Hundred Ninety -Six Dollars
($444,196). Pursuant to the provisions of Section 4 herein, City Successor Agency agrees to pay the
sum of $444,196 to City to pay for the estimated administrative expenses of the City Successor
Agency for the period of fiscal year 2012 -13, subject to Oversight Board approval and City
Successor Agency preparation and approval of an administrative budget estimate for such services
and costs for the upcoming six -month period, fiscal period of July 1, 2012 through December 31,
2012 and for the fiscal period of January 1, 2013 through June 30, 2013. The City Successor Agency
shall also be liable to the City for payment of any and all direct Project and Program Expenses
incurred by City where they are adopted as part of the ROPS."
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2. Miscellaneous.
(a) First Amended Agreement Ratified Except as specifically amended
or modified herein, each and every term, covenant and condition of the Original Agreement as
amended is hereby ratified and shall remain in full force and effect.
(b) Binding. This First Amended Agreement and the Original Agreement
shall be binding upon and inure to the benefit of the parties hereto.
IN WITNESS WHEREOF, the parties have caused this First Amended Agreement to be
executed by their officers thereunto duly authorized on the date first above written.
CITY OF TUSTIN C#iforga municipal corporation
John Nielsen, Mayor
ATTEST:
amela Stoker, City Clerk
APPROVED AS TO FORM
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9,4 l ('
David Kendig, City Attorney )
SUCCESSOR AGENCY TO THE TUSTIN
COMMUNI.,TY REDEEI'OPMENT AGENCY
Join =Nielsen
Successor Agency Chairman
ATTEST:
r
Pamela Stoker, City Clerk
on behalf of the Successor Agency
APPROVED AS TO FORM
David Kendig, Legal.Counsel
i
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