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Home My WebLink About0280C - PS PUBLIC CEMETARY DISTRICT - TAX INCREMENT PASSTHRU PA10 P.S. Public Cemetary District Tax Incr Pass-Thru PAID Canyon AGREEMENT #280 R809, 9-4-91 AGREEMENT FOR REIMBURSEMENT OF TAX INCREMENT FUNDS The Canyon Redevelopment Project THIS AGREEMENT (the "Agreement") is made and entered into this day of /;. ;, , , 1991, by and among the CITY OF PALM SPRINGS ("City") , THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS ("Agency") and THE PALM SPRINGS PUBLIC CEMETARY DISTRICT ("District") . R E C I T A L S A. On % %, 1991, the City Council of the City of �/ 6 Palm Springs adopted Ordinance No. ,T0' approving a Redevelopment Plan for The Canyon Redevelopment Project (the "Plan") pursuant to the California Community Redevelopment Law (Health & Safety Code Section 33000, et sea. ) , 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 Area as shown on the 1990-91 assessment roll. C. The Area is located within District's boundaries and is served by District. pp 4 0 L� 1 P.S. Cemetary P.T. Agreement 1991 Page 2 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 Districts and County, by paying to such entities any amount of money which Agency determines is appropriate to alleviate any financial burden or detriment 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 all significant 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 City's and Agency's entering into this Agreement, District has agreed to waive any and all claims, P.S. Cemetary P.T. Agreement 1991 Page 3 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 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 (commencing with Section 33000) of Division 24 of the Health and Safety Code. d. "District" shall mean the Palm Springs Public Cemetary District. e. "Districts Share" shall mean that portion of the Property Tax Increment allocated and paid to Agency pursuant to Health and Safety Code Section 33670 (b) , which is attributable to District's percentage share of the one P. S. Cemetary P.T. Agreement 1991 Page 4 percent (1%) general tax rate within the Project Area. The parties agree that for the 1990-91 base year, District received . 0015 percent 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 Districts 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 so be recalculated. 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. 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 and allocated and paid to Agency pursuant to Health and Safety Code Section 33670 (b) and which amounts are attributable to increases in assessed valuation above the P.S. Cemetary P.T. Agreement 1991 Page 5 valuation shown 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. 2 . Agency Collection of District's Share. 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, after Agency has deducted the required set aside for low-moderate income housing. Payments required to be made by Agency to District hereunder shall be made within Sixty (60) days of receipt of funds allocated and collected. 3 . Reduction and Offset of Payment. Notwithstanding Paragraph 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 Districts and County pursuant to Paragraph 2 herein, or any portion thereof, for the purposes of calculating the Agency's housing set-aside requirement under Health and Safety Code Section 33334 . 2 , Agency shall be entitled to P.S. Cemetary P.T. Agreement 1991 Page 6 reduce the amount paid to Districts and County hereunder (and offset any amounts previously paid to Districts and County that are so affected) by an amount equal to the amount of such set aside requirement attributable to the payments made to Districts and County. 4 . Agency Indebtedness. Agency's obligations here-under to make payments for the benefit of Districts and County constitute and indebtedness of Agency within the meaning of California Health and Safety Code Section 33670 (b) . City shall have no financial obligation by virtue of this Agreement. 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 make available to the other for review or audit its books and records regarding the payments and expenditures 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 Districts and County from the Project Area pursuant to Health & Safety Code Section 33676(a) . P.S. Cemetary P.T. Agreement 1991 Page 7 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 including, without limiting the generality of the foregoing, the legality and validity of all proceedings hereto fore taken or in any way connected with the designation of the survey area, the Project Area, the formulation of the Preliminary Plan, and the adoption of the Plan and also including the legality and validity of all proceedings heretofore taken and the Environmental Impact Report and other environmental documents for the Plan. 1. 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. In the event and to the extent that the Property Tax Increment, or any portion thereof is withheld or not paid P. S. Cemetary P.T. Agreement 1991 Page 8 to Agency by reason of the pendency or filing of any causing 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. 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 P. S. Cemetary P.T. Agreement 1991 Page 9 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. 9. Conditions to Agreement Becoming Effective. T h i s Agreement shall only become effective if the City Council of City adopts an ordinance approving and adopting the Plan. P. S. Cemetary P.T. Agreement 1991 Page 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year dates below: ATTEST: Ci y.Clerk Mayor Dated: ATTEST: U Secretar--y Chairman Dated: APPROVED AS TO FORM ATTORNEY FOR REDEVELOPMENT AGENCY e M By: 1-as +e f=6?G. FfE BY Ti' @ G�+llAi�lU6i9�'i k�J AGENCY BY RES. KO, V0 a Dated: ,� "3 0 C_ P. S. Public Cemetary P.T. Agreement 1991 Page 11 PALM SPRINGS PUBLIC CEMETARY DISTRICT Signed and certified that a copy of this document has been delivered to the Chairman of the Board , , / By; (Chairm n, Board of Palm Springs Public Cemetary District Clerk of pthe Board Dated: APPROVED AS TO FORM: DISTRICT COUNSEL Dated: �ja/;' /