HomeMy WebLinkAbout00322C - RIVERSIDE CO CANYON PROJECT AREA PASSTHRU County of Riverside
. Canyon Redev Proj Area
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AGREEMENT #322C
R910, 12-23-93
SETTLEMENT AND COOPERATION AGREEMENT-...-..,.., -- -
THE COUNTY OF RIVERSIDE,
THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS,
AND THE CITY OF PALM SPRINGS
THIS AGREEMENT is entered into as of 30th day of December, 1993 , by
and between the COUNTY OF RIVERSIDE (the "County" ) , the CITY OF
PALM SPRINGS (the "City") , and the COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS (the "Agency") .
WHEREAS, City and Agency, by Ordinance No. 1388, dated July 19,
1991 have, pursuant to California Community Redevelopment Law
(California Health and Safety Code Sections 33000 et . seq. ) ,
adopted the Redevelopment Plan for the Canyon Redevelopment
Project, (the "Project" ) ; and
WHEREAS, County is an affected taxing entity which has general
purpose ad valorem property taxes levied on its behalf on all of
the property located within the project area; and
WHEREAS, County, City and Agency have determined that it is
appropriate to alleviate any financial burden or detriment caused
to the County by the Project; and
WHEREAS, City an Agency are willing to alleviate said financial
burden by authorizing payments of money to be used for maintaining
and improving County services which will benefit the Project and
the immediate area in which the Project is located; or acquiring,
constructing or improving capital facilities to be used, in whole
or in part, to service and benefit the Project; and
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WHEREAS, County, City and Agency wish to enter into a settlement
and cooperation agreement to provide mutual aid and assistance in
the redevelopment of certain areas of City and to ensure that
County services and facilities are maintained and improved in the
Project and the immediate area in which the Project is located; and
WHEREAS, County, City and Agency desire to resolve and settle, once
and for all times, all past, present or future claims, disputes or
causes of action, both real or potential, arising against Agency
and City in relationship to the Project .
NOW, THEREFORE, in consideration of the promises and covenants
contained herein, the parties agrees as follows :
Section 1 . Definitions
(a) "County" shall mean the County of Riverside, a political
subdivision of the State of California.
(b) "City" shall mean the City of Palm Springs, a municipal
corporation.
(c) "Agency" shall mean the Community Redevelopment Agency of
the City of Palm Springs .
(d) "Project" shall mean the specific project area and
redevelopment activities as set froth in the Canyon Redevelopment
Plan.
(e) "Tax Increment" shall mean that portion of ad valorem
property taxes resulting from the increase in assessed valuation in
the Project Area, as defined in section 33670 of the Health and
Safety Code. "Tax Increment" shall refer to the 1% levy allowed
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under Article XIIIA of the Constitution of the State of California,
and shall not include those taxes levied in excess of the 1%
general levy.
(f) "County' s Share" shall mean twenty-seven point one two
percent (27 . 120) of the Tax Increment .
(g) "Fiscal Year" shall mean the period from July 1 to and
including the following June 30 .
Section 2 . Distribution of Tax Increment
(a) Commencing in the 1992-93 fiscal year, and in each fiscal
year thereafter, County shall receive seventy-five (75) percent of
the County' s share derived from the Project for such fiscal year.
(b) Whenever the cumulative allocation of the twenty-five
percent (25a) of the County' s Share which Agency has retained
pursuant to subsection (a) above, equals or exceeds $15, 000, 000,
the County shall, beginning in the next fiscal year, receive one
hundred (100) percent of County' s Share from the Project .
Section 3 . Tax Increment Limit
County' s Auditor/Controller or other official responsible for the
administration of property taxes shall be authorized to pay amounts
required hereunder directly to the County. Amounts paid by Agency
to County, pursuant to this section, shall not count against the
limit on the total amount of Tax Increment to be allocated to the
Agency for the Project .
Section 4 . Dismissal of Litigation
(a) County shall cause to be dismissed, with prejudice, in
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its entirety, 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 .
(b) County 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.
(c) County 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. "
County hereby waives and relinquishes any rights and benefits which
it may have under Section 1542 of the Civil Code of the State of
California to the full extent that County may lawfully waive such
rights . County 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.
(d) By agreeing to the provisions of this Section 4, County
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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 .
(e) 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 County without interest when and if available at the
conclusion of litigation. The time for Agency' s performance under
this Agreement shall be excused for the duration of such
litigation.
Section 5 . Agency Indebtedness
Agency' s obligations hereunder to make payment for the benefit of
County shall constitute an indebtedness of Agency within the
meaning of California Health and Safety Code Section 33670 .
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Section 6 . Books and Records
Each party shall, within thirty (30) days after receipt of written
request from the other, make available for review or audit its
books and records regarding payments referenced in this agreement .
Section 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 obligation or
liability by virtue of or pursuant to this Agreement except for
payments of Tax Increment paid to County as provided hereinunder.
Agency agrees not to issue any bonds that would impair the ability
of Agency to make the payments to County described in this
Agreement . Agency agrees to notify County prior to any such bond
issuance, and to allow County the opportunity to object on the
grounds that Agency' s proposed issuance would impair Agency' s
ability to pay County the amount due under this agreement .
Section 8 . Repeal of Section 33676 (b) Resolutions
Within sixty (60) days of executing this agreement, County shall
repeal any resolution it has adopted pursuant to Health and Safety
Code section 33676 (b) regarding the Project .
Section 9 . Allocation of Special Taxes
Irrespective of Section 8 above, County shall be allocated, in
addition to the portion of taxes allocated pursuant to subsection
(a) of Section 33670 of the Health and Safety Code and Section 2 of
this agreement, all or any portion of the tax revenue that would
otherwise be allocated to the Agency pursuant to Subdivision (b) of
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# #
Section 33670 that is attributable to increases in the rate of tax
imposed for the benefit of County in addition to the basic one
percent (11) tax levy which increase in rates or levy occurs after
the 1990-91 tax year.
Section 10 . Modification and Termination
If after this Agreement is executed, the State of California enacts
laws or policies in conflict with all or any portion of this
Agreement, County, City and Agency may mutually agree to excuse
performance of all or any portion of this Agreement .
In the event the Ordinance adopting the project or any section or
portion of this Agreement shall be held, found or determined to be
unenforceable or invalid for any reason whatsoever, the remaining
portions shall remain in effect, and the parties hereto shall take
further actions as may be necessary and available to effectuate the
intent of the parties as to all provisions set forth in this
Agreement .
Section 11 . Joint Defense of Agreement
County, City, and Agency agree to jointly defend against any
lawsuit, not filed by a party to this agreement, challenging he
validity of any or all of the provisions contained herein.
Section 12 . Effective Date
This Agreement shall become effective as of the date first above
written after execution by all parties, and shall remain in effect
during the life of the Project .
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Section 13 . Entire Agreement
This agreement constitutes the entire, complete and final
expression of agreement between the parties .
In Witness Whereof, the parties have executed this Agreement as of
the day and year first above written. F
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ATTEST: ✓ ��101�6"Ir ,0
Clef Of The rd Chairman, Board of Supervisor-e
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Patricia A. Lamm
ice... FJiZ��n"Li � "Fl .`-1�27/1,l �LiLx��/�✓�
Cit�� erk Mayor, City of Palm Springs
Ccgy� Secret ary Community Redevelopment Agency
of the City of Palm Springs
APPROVED By THE COMMUNITY REDEV.
..e, nYYHUvtL' AGENCY SY RES. MO. �'/O i� -.3.3-ci`3
OUNTV COUNSEL C
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APPROvFr) By THE-CMY COUNCIL
BY RES. i4¢7._i �d�y a-�3 s73
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