HomeMy WebLinkAbout00323C - RIVERSIDE CO FLOOD CANYON PROJECT AREA PASSTHRU I . Riverside Co Flood Control
& Water Conserv. Dist.
Cyn Redev Pass-Thru Agr
AGREEMENT #323C
SETTLEMENT AND COOPERATION AGREEMENT ___R910, 12-23-93
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, AND
CITY OF PALM SPRINGS
Canyon Redevelopment Project
THIS AGREEMENT (the "Agreement") is made and entered into
as of the 30th day of December, 1993, by and between THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS ( "Agency") , THE
CITY OF PALM SPRINGS ("City") , and THE RIVERSIDE COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT ( "District" ) .
R E C I T A L S
A. On July 19, 1991, the City Council of the City of Palm
Springs adopted Ordinance No. 1388 approving a Redevelopment Plan
for The Canyon Redevelopment Project (the "Plan") pursuant to the
California Community Redevelopment Law (Health & Safety Code
Section 33000, et seq. ) , which Plan delineates a project area (the
"Project Area") .
B. The Plan includes provisions authorizing the allocation
to Agency of property taxes levied each year on the increase in the
assessed valuation of property within the Project Area above the
sum of the assessed values for the Project Area as shown on the
1990-91 assessment roll .
C. The Project Area is located within District boundaries
and is served by District .
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D. District has taken the position with Agency that, by
virtue of its tax allocation provisions, the Plan will result in a
"financial burden or detriment" to District within the meaning of
Section 33012 of the California Health and Safety Code.
E. Agency is authorized by Section 33401 of the Health and
Safety Code to compensate affected taxing entities, including
District, by paying to such taxing entities any amount of money
which Agency determines is appropriate to alleviate any financial
burden or detriment to such taxing entities caused by its
implementation of the Plan.
F. The purpose of this Agreement is to provide for
appropriate payments to be made by Agency to District, in order to
alleviate financial burden or detriment caused to District by the
tax allocation provisions of the Plan and to resolve and settle the
litigation between the parties as hereinafter described.
G. Agency has determined the payments to District as set
forth below are necessary to alleviate financial burden or
detriment caused to District by the Plan.
H. In consideration of Agency' s entering into this
Agreement, District has agreed to waive any and all claims,
demands, and disputes with Agency and City arising from the
adoption and implementation of the Plan.
NOW, THEREFORE, in consideration of the foregoing, and the
mutual promises and covenants set forth herein, the parties agree
as follows :
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C O V E N A N T S :
1 . Definitions . The words and terms used in this Agreement
shall have the following meanings :
a. "Agency" shall mean the Community Redevelopment
Agency of the City of Palm Springs .
b. "City" shall mean the City of Palm Springs .
C. "Community Redevelopment Law" shall mean Part 1 of
Division 24 (commencing with Section 33000) of the California
Health and Safety Code.
d. "District" shall mean the Riverside County Flood
Control and Water Conservation District .
e. "District Share" shall mean that portion of
the Property Tax Increment allocated to and paid to Agency pursuant
to Health and Safety Code Section 33670 (b) the District would have
received as determined by application of the tax rate levied on
behalf of District in the Project Area, but for adoption of the
Plan.
The parties agree that for the 1990-91 base year,
District received Four and Twenty-two Hundredths percent (4 . 220) of
the one percent (1%) general tax rate within the Project Area. If
for any subsequent Fiscal Year, District' s percentage share of the
portion of the one percent (1%) general tax rate allocated to
District under Health and Safety Code Section 33670 (a) changes from
its percentage share as stated in the preceding sentence, the
District Share for that Fiscal Year shall be recalculated in
accordance with such change.
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f. "Fiscal Year" shall mean the period from July 1 to
and including the following June 30 .
g. "Plan" shall mean the Redevelopment Plan for the
Canyon Redevelopment Project Area approved and adopted by the City
Council of City on July 19, 1991, by Ordinance No. 1388 .
h. "Project Area,, shall mean the Project Area
identified in the Plan, the redevelopment of.which is necessary for
the public purposes of the California Community Redevelopment Law.
i . "Property Tax Increment" shall mean the full amount
of property tax revenues generated from within the Project Area
that are allocated to and paid to Agency pursuant to Health and
Safety Code Section 33670 (b) , which amounts are attributable to
increases in assessed valuation above the valuation shown on the
1990-91 assessment roll, plus any identifiable California state
legislative supplements to or substitutes for ad valorem property
taxes which are paid to Agency during the term of this Agreement .
Not by way of limitation of the foregoing, Property Tax Increment
shall include (i) payments made to District and other affected
taxing entities, whether such payments are made by Agency or
directly by the County of Riverside, and (ii) funds set aside or
expended by Agency pursuant to Health and Safety Code Section
33334 .2 or successor statute.
2 . Agency Payment of District Share. Subject to Section 7
herein, Agency shall pay District the following amounts :
a. for each Fiscal Year during the first ten (10)
Fiscal Years Agency receives Property Tax Increment, Agency shall
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pay to District an amount equal to twenty-five percent (250) of
the District Share.
b. for each Fiscal Year during the second ten (10)
Fiscal Years Agency receives Property Tax Increment, Agency shall
pay to the District fifty percent (500) of the District Share .
C . for each Fiscal Year in which the Agency receives
Property Tax Increment, during the period commencing with the
expiration of the period described in (b) above, and ending upon
expiration of the Plan, Agency shall pay to the District eighty
percent (800) of the District Share.
3 . Agency Indebtedness . Agency' s obligations hereunder to
make payments for the benefit of District constitute an
indebtedness of Agency within the meaning of California Health and
Safety Code Section 33670 (b) .
4 . Books and Records . Each party shall, within thirty (30)
days after receipt of written request from the other, make
available to the other for review or audit its books and records
regarding the payments and expenditures referenced in this
Agreement.
5 . Agreement in Lieu of District Election Under Section
33676 . The parties hereto intend that this Agreement shall be in
lieu of any payments which otherwise would be paid to District from
the Project Area pursuant to Health & Safety Code Section 33676 (a)
6 . Dismissal of Action: Covenant Not to Sue: and
Miscellaneous Matters Relating to Litigation. District shall cause
to be dismissed, with prejudice, in its entirety, Riverside County
Superior Court Case No. Indio 64715 (County of Riverside and
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Riverside County Flood and Water Conservation District v. All
Persons Interested in the Matter of the Redevelopment Plan for
Canyon Redevelopment Project as Purportedly Adopted by Ordinance on
July 19 , 1991 by the City Council of the City of Palm Sprinas :
Community Redevelopment Agency of the City of Palm Springs : and
Does 1-50 , Inclusive, Riverside County Superior Court Case No.
Indio 64715) as a condition precedent to the performance by the
Agency of any of its obligations under this agreement .
District hereby waives any and all causes of action, cases,
claims, counts, actions, and/or complaints related to, and agrees
not to challenge, the validity of the Plan, or the ordinance
adopting the Plan and/or the validity, on the grounds of the
invalidity of the Plan, of bonds to finance or refinance in whole
or in part the Plan, including, without limiting the generality of
the foregoing, the legality and validity of all proceedings
heretofore taken or in any way connected with the designation of
the survey area, the Project Area, the formulation of the
Preliminary Plan, the adoption of the Plan, and the formulation and
certification of the Environmental Impact Report and other
environmental documents for the Plan. District acknowledges it is
familiar with Section 1542 of the Civil Code of the State of
California, which provides :
"A general release does not extend to
claims a 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. "
District hereby waives and relinquishes any rights and
benefits which it may have under Section 1542 of the Civil Code of
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the State of California to the full extent that District may
lawfully waive such rights . District hereby releases defendants in
the above-titled action, Case No. Indio 64715, from all claims and
causes of actions by reason of any damages which have been
sustained, or which may be sustained, as a result of the Plan.
By agreeing to the provisions of this Section 6, District
does not waive the right to dispute the validity of any future
amendments to the Plan or the adequacy of any environmental
documents related to any such future amendments to the Plan, and/or
the right to challenge any illegal implementation of the Plan;
provided however, in the event Agency and City, for the purpose of
providing land for or assistance for the development or
construction of school facilities, including but not limited to
classrooms and administrative facilities, amend the Plan (including
but not limited to by adding area to the Project Area) , District
expressly agrees to waive any rights it may have to challenge such
amendment .
In the event and to the extent that the Property Tax
Increment, or any portion thereof, is withheld or not paid to
Agency by reason of the pendency or filing of any cause of action,
cases, claims, events, actions and/or complaints by any other
public or private person or entity against the Plan, or
environmental documents prepared and certified pursuant thereto,
Agency' s responsibility for making or directing any payment
otherwise required by this Agreement may, at Agency' s sole
discretion, accrue and be paid to District without interest when
and if available at the conclusion of litigation. The time for
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Agency' s performance under this Agreement shall be excused for the
duration of such litigation.
7 . City and Agency Obligations . City shall have no
financial obligation or liability by virtue of or pursuant to this
Agreement . Agency shall have no financial obligation or liability
by virtue of or pursuant to this Agreement except for payments
solely from Property Tax Increment allocated to and received by
Agency as set forth in this Agreement .
S . Repeal of Section 33676 (b) Resolutions . Within sixty
(60) days of executing this Agreement, District shall, pursuant to
Health and Safety Code Section 33676 (c) , repeal any resolution it
has adopted pursuant to Health and Safety Code Section 33676 (b)
regarding the Plan.
9 . Indemnity. District shall indemnify, defend, and hold
Agency and City harmless, including but not limited to attorneys'
fees, from any claims, liabilities, causes of action, and damages,
asserted by any third party by reason of Agency' s obligations or
performance under this Agreement . Agency shall indemnify, defend,
and hold District harmless, including but not limited to attorney' s
fees, from any claims, liabilities, causes of action, and damages,
asserted by any third party by reason of Agency' s activities to
implement the Plan unrelated to this Agreement or any actions,
inactions, or conduct of District .
10 . Flood Control Facilities Maintenance . In the event
Agency or City constructs facilities or other improvements for
flood control purposes in or servicing the Project Area, District
agrees to negotiate in good faith with Agency and City in an
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attempt to reach an agreement under which District shall assume the
obligation to maintain such facilities and other improvements .
Those facilities agreed to be maintained by District will require
District plan review and approval and must be built to District
standards unless waived by District in its sole discretion.
Failure to reach agreement after good faith negotiations will
relieve the District of any maintenance responsibilities for such
facilities or improvements .
11 . Entire Agreement . This Agreement constitutes the entire
understanding and agreement between the parties and supersedes all
previous negotiations between them pertaining to the subject matter
hereof . Each party to this Agreement has been advised by counsel
of its choosing and in entering into this Agreement is relying upon
its own investigation and evaluation and not upon any
representations by any other party. It is the intent of Agency and
District that the payment herein provided constitute a full,
complete, fair, and equitable adjustment for all financial and
other impacts which have or may result to District during the term
of the Plan. This Agreement shall remain in effect during the
entire term of the Plan, and shall not be changed or modified
except by written agreement of the parties .
12 . Tax Increment Limit . Amounts paid by Agency to District
pursuant to this Agreement shall not count against the limit on the
total number of dollars to be allocated as Property Tax Increment
to Agency under the Plan.
13 . Condition to Agreement Becoming Operative . This
Agreement shall only become operative if the Plan is deemed
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validated by operation of law or by a final judgment by a court of
competent jurisdiction validating the Plan.
[end - signature page follows]
PS2\394\014084-0022\2031203.4 01/06/94 -1 0-
IN WITNESS WHEREOF, Agency and District have entered into this
Agreement as of the date first above written.
"Agency"
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS
By: ?'�si1f i �Cn a G'r
Chairman
ATTEST:
By: "�-
A bjA taut Secretary
APPROVED AS TO FORM:
By:
Agency%C 'unsel
"City"
THE CITY OF PALM SPRINGS
By:
Mayor
ATTEST: APPROVED BY THE COMMUNITY REDEV.
B _ AGENCY BY RES, NO. �///i i�
y; ��_... Iq,ia3L
City Clerk `
APPROVED AS TO FORM:
a� APPROVED BY THE CITY COUNCIL
n„ d� BYR*5. NO.�
By:
-mac.-;' s�i��p ,
n �� Tv�„ .✓/C��
City A�t�orney 33,�)
PS2\394\014094-0022\2031203.4 01/06/94
"District"
RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
0,
By: 9 y�0 (2
Chairman
J� t d 1944
UORTON Y.Q[TN(Fxr 9L9
ATTEST:
GERM-1) r;1ALQIJR/Isass
MERK c5 the BOAR 0 S o'f CR w ,�
�tg6t iv hi� Si
By:
r De" t
APPROVED AS TO FORM:
District Counsel
FS21394\014084-0022\2031203.4 01/06/94 —12—