HomeMy WebLinkAboutMendocino-Lake Community College 2010-05-05AGREEMENT AND RELEASE
On , 2010 ("Effective Date") in Ukiah, Mendocino County, California,
Mendocino-Lake Community College District ("District"), a community college district of the
State of California, and the Redevelopment Agency of the City of Ukiah ("Agency"), a
redevelopment agency of the State of California, enter this amendment to Section 2.d of the
Redevelopment Agreement between District and Agency, dated January 17, 1990
("Redevelopment Agreement"). All capitalized terms used, but not separately defined, herein
have the same meaning as provided in the Redevelopment Agreement. District and Agency may
be referred to collectively as "the Parties."
RECITALS
Pursuant to Section 2.c of the Redevelopment Agreement, the Agency agreed to
set aside in a "Capital Outlay Fund" for capital improvement projects within District and the
redevelopment project area an amount equal to the increases in the assessed value of the taxable
property in the Agency's redevelopment project area above the sum of the Base Year Roll which
would have been calculated and paid to District annually, if the redevelopment project area had
not been established. As funds are credited to the Capital Outlay Fund they are to be disbursed to
District in accordance with Section 3 of the Redevelopment Agreement.
2. Section 3 of the Redevelopment Agreement requires, among other things, that the
Agency conduct a hearing under Cal. Health and Safety Code §33679 on any requests from the
District to release funds in the Capital Outlay Fund for District capital improvement projects and
approve those projects which meet the applicable requirements of the Community
Redevelopment Law (CRL), which approval shall not be unreasonably withheld.
3. District has determined that certain capital improvements to be constructed under
contract by Mendocino County within the county right-of-way for North State Street and owned
by Mendocino County, known as the "Gateway Revitalization Project," will benefit the District.
The Gateway Revitalization Project includes widening and repaving several sections of North
State Street, improving the Haul Road Overcrossing and the Ackerman Creek Bridge and adding
center turn lanes and bike lanes along all of those areas. These improvements will improve
access to the District's main campus on Hensley Creek Road and are outside the Agency's
Project Area and the City limits of the City of Ukiah.
4. Under Cal. Health and Safety Code §33445.1(a), which is part of the CRL, the
Agency may, with the consent of the City Council, pay all or a part of the value of the land for
and the cost of the installation and construction of any building, facility, structure, or other
improvement that is publicly owned and is located outside and not contiguous to the project area,
but is located within the City limits, if the City Council makes specified findings.
5. Because funds deposited in the Capital Outlay Fund could not be used for the
Gateway Revitalization Project, because of its location, the Parties agree for this project only to
amend the Redevelopment Agreement to exclude from the Capital Outlay Fund and pay directly
to the District $500,000 of pass-through funds otherwise subject to deposit in the Capital Outlay
Fund pursuant to the Redevelopment Agreement.
AGREEMENT
6. The above recitals 1-5 are incorporated into this Agreement.
7. On condition that the funds are used for the Gateway Revitalization Project, the
Agency agrees to deduct Five Hundred Thousand Dollars ($500,000) from the Capital Outlay
Fund and pay these funds to District as a direct pass-through of increases in the assessed value of
2
the taxable property in the Project Area above the sum of the Base Year Roll which are,
otherwise would be, calculated and paid annually to the District pursuant to subdivision (f) of
Revenue and Taxation Code § 1.10.1. The Agency shall make that payment to District within
thirty (30) days of the Effective Date.
8. The District shall indemnify, defend and hold the Agency harmless from and against
any claim, demand, damage, liability, cost or expense, including, but not limited to, the fees of
attorneys, consultants, experts, and investigators incurred in the defense of any such claim,
demand or liability, and arising out of the Agency's agreement to amend the Redevelopment
Agreement, as provided herein, or its payment of the pass-through funds to the District pursuant
to this Agreement.
9. Except as expressly stated in this Agreement, all other terms and conditions of the
Redevelopment Agreement and the Settlement Agreement remain unchanged and in full force
and effect.
10. The parties hereto deem this Agreement to be signed and of binding legal effect as of
the Effective Date.
[Signatures on Page 41
3
REDEVELOPMENT AGENCY OF
UKIAH
Jar- (,'hambers, Executive Director
ATTEST:
edevelopment Agency Secretary Ac~zl,t
MENDOCINO-LAKE COMMUNITY
COLL GE DISTRICT
72?~llll r~eZ3 jldrl~
Kat . Lehner, President
ATTEST:
,r