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HomeMy WebLinkAbout0281C - COACHELLA VALLEY MOSQUITO ABATEMENT DISTRICT - TAX INCREMENT PASSTHRU PA10 CV Mosquito Abatement Dist. Tax Incr Pass-Thru PAID Canyon AGREEMENT #281 AGREEMENT FOR REIMBURSEMENT C R810, 9-4-91 TAX INCREMENT FUNDS Canyon Redevelopment Project THIS AGREEMENT ( the "Agreement" ) is made and entered "� into this /� day of 0C �011) , 1991; by and between THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS ( "Agency" ) and THE COACHELLA VALLEY MOSQUITO ABATEMENT 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 ' s boundaries and is served by District. 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 8/6/91 C.V. Mosquito Abatement Pass-Through Agreement 1991 Page 2 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 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. G. Agency' has determined the payments to District as set forth below is 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: C.V. Mosquito Abatement Pass-Through Agreement 1991 Page 3 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 Coachella Valley Mosquito Abatement 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 . 013 percent of the one percent (1%) general tax rate within the C.V. Mosquito Abatement Pass-Through Agreement 1991 Page 4 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. 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 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 C.V. Mosquito Abatement Pass-Through Agreement 1991 Page 5 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 8 herein, for each Fiscal Year during the entire term of the Plan commencing with Fiscal Year 1991-1992, Agency shall pay to District an amount equal to One Hundred Percent ( 100%) of the District Share. Payments required to be made by Agency to District hereunder shall be made within sixty (60) days of receipt of funds . C.V. Mosquito Abatement Pass-Through Agreement 1991 Page 6 3 . Reduction and Offset of Payment . Notwithstanding Section 2 herein, in the event State law, by legislative enactment, applicable reported appellate decision, or final judgment against Agency, requires Agency to include the amounts otherwise payable to District pursuant to Section 2 herein, or any portion thereof, for the purposes of calculating the Agency' s low and moderate income housing set-aside requirement under Health and Safety Code Section 33334 .2 or successor statute, Agency shall be entitled to reduce the amount paid to District hereunder (and offset any amounts previously paid to District that are so affected) by an amount equal to the amount of such set aside requirement attributable to the payments made to District. 4. Agency ,Indebtedness . Agency' s obligations here- under 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) . C.V. Mosquito Abatement Pass-Through Agreement 1991 Page 7 5 . 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 referenced in this Agreement. 6. Agreement in Lieu of Districts and County 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) . 7 . Covenant Not to Sue and Miscellaneous Matters Relating to Litigation. 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 C.V. Mosquito Abatement Pass-Through Agreement 1991 Page 8 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. By agreeing to this provision, 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 amend the Plan, including to add area to the Project Area, 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) , District expressly agrees to waive any rights it may have under Health and Safety Code Section 33353 et seg. to call for fiscal review for such amendment. C.V. Mosquito Abatement Pass-Through Agreement 1991 Page 9 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 Agency' s performance under this Agreement shall be excused for the duration of such litigation. 8. 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 pursuant to this Agreement except for payments solely from Property Tax Increment allocated to and received by Agency as set forth in this Agreement . C.V. Mosquito Abatement Pass-Through Agreement 1991 Page 10 9 . Repeal of Section 33676 (b) Resolution. 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. 10 . IndemnitV. 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. 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 C.V. Mosquito Abatement Pass-Through Agreement 1991 Page 11 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 Effective. This Agreement shall only become effective if the Plan is deemed validated by operation of law or by a final judgment by a court of competent jurisdiction validating the Plan. C.V. Mosquito Abatement Pass-Through Agreement 1991 Page 12 IN WITNESS WHEREOF, the Agency and District have entered into this Agreement as of the date first above written. "Agency" COMMUNITY REDEVELOPMENT AGENCY OF THE�ITY OF PALM �SP�{NGS Y� Ck}?irman U ATTEST: / By c Assistant Secretary APPROVF0 BY THE COMMUNITY REDEV. APPROVED AS TO FORDO: AGEMC'! BY RES. NO. Agenejlf Counsel C.V. Mosquito Abatement Pass-Through Agreement 1991 Page 13 "District" COACHELLA VALLEY MOSQUITO ABATEMENT DISTRICT n By Chair an ATTEST: By: u APPROVED AS TO TO FORM:./AiL By: ( 6� District Counsel 8/394/014084-0022/012