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9°' Grade Campus 2 January 15, 2009 <br />• District shall maintain the school gymnasium including cleaning, routine maintenance <br />and all repairs. City shall repair any damage caused by vandalism to the interior of the <br />school gymnasium caused during the hours the City has control. <br />• District shall pay ongoing utilities, including electricity and other costs associated with <br />the City's use of the school gymnasium. City shall reimburse District an amount <br />sufficient to pay utility costs at a rate of $20 per hour of use the first year. Future rates <br />shall be adjusted to reflect actual costs, but not by more than 5% annually. <br />The Agency and District contemplate entering into a Financing Agreement providing for <br />financial contributions and certain in-kind contributions to the 9th Grade Campus from the <br />Agency. Highlights of the Financing Agreement follow: <br />• The Agency shall contribute $2,257,350 to the Project which includes a $2,170,800 <br />fmancial contribution and $86,550 in in-kind contributions for construction of the <br />gymnasium building, upgrades to the building exterior, curb, gutter and sidewalk work on <br />138th and Bancroft Avenues, and asphalt improvement to the drop-off area and corner <br />reconfiguration. <br />• Agency shall pay the sum of $535,440 by June 30, 2009. <br />• Agency shall pay the sum of $1,635,360 in annual installments of $327,072 for each of <br />the five fiscal years commencing with FY 2009-10 through FY 2013-14, by June 30th of <br />the fiscal year. <br />• For any fiscal year commencing with Fiscal Year 2009-10 during which the State <br />requires Agency to make an ERAF contribution, Agency shall delay payment by one <br />year. The repayment schedule may be extended for up to five years such that the last <br />payment would be due in Fiscal Year 2018-19. Agency shall have no obligation to pay <br />any portion that remains unpaid as of July 1, 2019. <br />• District shall be responsible for the design, development and construction of the Project. <br />• Without the consent of City, District shall not demolish or undertake alterations or enter <br />into any agreement concerning the use, sale, lease or other conveyance of the gymnasium <br />that would diminish or interfere with the City's rights under the Joint Use Agreement. <br />California Community Redevelopment Law requires that the legislative body make certain <br />findings prior to a redevelopment agency's expenditure of tax increment funds for public <br />improvements. These findings must show that: <br />1) Public improvements will be of benefit to a redevelopment project area or the immediate <br />neighborhood in which the project is located; <br />2) No other reasonable method of financing the public improvements is available to the <br />community; <br />3) Public improvements will assist in the elimination of one or more blighting conditions <br />inside the project area; and <br />4) Agency assistance for the public improvements is consistent with its current five-year <br />implementation plan. <br />In cases where the public improvement is a publicly owned building, Section 33679 of the <br />Redevelopment Law requires the agency to hold a public hearing following notification and <br />public information requirements. <br />