HomeMy WebLinkAboutREDEVELOPMENT AGENCY General Orange County Water District Various Project 1984 - INDEFINITE AGRMT TERM - 1984-11-14 r �
AGREEMENT
This Agreement is made and entered into this 14th day
of November 1984, by and between the ORANGE
COUNTY WATER DISTRICT (the "District" ) and the HUNTINGTON BEACH
REDEVELOPMENT AGENCY (the "Agency" ) .
R E C I T A L S
WHEREAS, the Agency is a redevelopment agency existing
pursuant to the provisions of the Community Redevelopment Law
(California Health and Safety Code Section 33000 et seq. ) which
has been authorized to transact business and exercise the
powers of a redevelopment agency pursuant to action of the City
Council of the City of Huntington Beach; and
WHEREAS, pursuant to Section 33327 of the California
Health and Safety Code, the Agency has prepared, and the City
Council of the City of Huntington Beach has adopted
redevelopment plans by the following Ordinance numbers, for the
Oakview Project - Ordinance No. 2582, Yorktown Lake Project -
Ordiance No. 2576, Main Pier - Ordinance Nos. 2578 and 2634,
and Talbert Beach - Ordinance No. 2577 (sometimes collectively
referred to herein as "Redevelopment Plans" ) which delineate
four redevelopment project areas (the "Project Areas" ) ; and
WHEREAS, the Agency has additionally proposed a
redevelopment plan for the Huntington Center Commercial
District and a redevelopment plan for Talbert Gap ( "Proposed
Redevelopment Plans" ) each of which delineate a new
redevelopment Project Area; and
WHEREAS, the Redevelopment Plans contain provisions
for the distribution and allocation of property tax revenues,
derived from property located within the Project Areas, to the
Agency pursuant to California Health and Safety Code Section
33670(b) (hereinafter referred to as "Tax Increment" ) ; and
WHEREAS, but for the adoption of the Redevelopment
Plans, the District would receive that portion of tax revenues
from the Project Areas determined by application of the basic
tax levy of $1. 00 per $100. 00 of taxable value ( "Basic Tax
Levy") levied on behalf of the District in each fiscal year to
the incremental taxable value in the Project Areas but for the
adoption of the Redevelopment Plans (the "District Portion" ) ;
and
WHEREAS, the parties agree that the Oakview, Yorktown
Lake, Main Pier, Talbert Beach, and Huntington Center
Redevelopment Plans will cause a financial burden and detriment
to the District in that there will be a net increase in the
ground water replenishment obligations of the District combined
with a loss of property tax revenues produced by changes in
ownership and new construction within the Project Areas; and
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WHEREAS, the parties agree that no financial burden or
detriment will be caused as a result of the Talbert Gap
Redevelopment Plan; and
WHEREAS, the parties agree that the payments provided
for under this agreement are necessary to alleviate the above
financial burdens and detriments; and
WHEREAS, pursuant to California Health and Safety Code
33401, the Agency may pay to the District an amount of money
which, in the Agency' s determination, is appropriate to
alleviate any financial burden or detriment caused to the
District by the adoption of redevelopment plans; and
WHEREAS, for the above reasons, and to amicably
resolve any differences regarding the Redevelopment Plans, the
parties hereto enter into this Agreement.
NOW, THEREFORE, in consideration of the foregoing and
the mutual covenants and conditions contained herein, the
parties hereto agree as follows:
SECTION 1. In each year, commencing with fiscal year
1983-84, that taxes are allocated to and received by the Agency
pursuant to Section 33670 of the California Health and Safety
Code or its successors, from the Oakview, Yorktown Lake, Main
Pier, and Talbert Beach Project Areas, the Agency will pay to
the District a sum equal to Fifty Percent (50%) of the District
Portion of that Tax Increment which is generated by the Basic
Tax Levy which is so allocated to and received by the Agency
until such time as the taxable value of the properties within
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such Project Areas increases in value over the 1982-83 base
year taxable value by one hundred percent, in which event, the
Agency' s payment obligations to the District hereunder with
respect to each such Project Area shall terminate.
SECTION 2. In fiscal year 1995-96 and in each succeeding
fiscal year of the Huntington Center Commercial District
Redevelopment Plan, that taxes are allocated to and received by
the Agency pursuant to Section 33670 of the California Health
and Safety Code or its successors, from the Huntington Center
Commercial District Project Area, the Agency will pay to the
District a sum equal to Thirty-four percent (34%) of the
District Portion of that Tax Increment which is generated by
the Basic Tax Levy which is so allocated to and received by the
Agency.
SECTION 3. Payments to District as set forth in Sections 1
and 2 above, are subject to the following conditions and
limitations:
A. Agency' s obligations under this Agreement are
deemed to constitute "an indebtedness" within the meaning of
Health and Safety Code Section 33675;
B. Agency shall pay to District amounts due pursuant
to this Agreement during each fiscal year within a reasonable
period after Agency receives the tax increment allotment from
the County Auditor-Controller, provided that payments in
relation to allotments received between July 1 and December 31
of any fiscal year shall be made no later than the following
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February 28; and that payments in relation to allotments
received between January 1 and June 30 of any fiscal year shall
be made no later than the following August 30;
C. The Agency's obligation to make payments
hereunder shall be limited to Tax Increment from the Project
Areas received by the Agency, but are payable by the Agency
from any source.
SECTION 4. The District shall not file or participate in
opposition to the Agency or City of Huntington Beach in any
lawsuit, attacking or otherwise questioning the validity,
adoption, or approval of the Redevelopment Plans or the
Proposed Redevelopment Plans or any of the findings or
determinations made or to be made by the Agency or the City
Council of the City in connection therewith.
SECTION 5. This Agreement constitutes the entire agreement
between the Agency and the District with respect to the matters
set forth herein, and any changes, modifications, or amendments
thereto shall be legally binding and effective only upon duly
executed written amendment hereto.
SECTION 6. This Agreement shall be effective retroactive
to September 20, 1982 and shall continue in effect until the
Agency is deactivated pursuant to Section 33141 of the
California Health and Safety Code or its successor.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
Approved as to form:
RUTAN & TUCKER ORANGE COUNTY WATER DISTRICT
By• / By:
er Al
Counsel for esident
Ora a County Water
D' trict
By:. Na M. GQ
Secretary Manager
Approved as to form:
STRADLING, YOCCA, HUNTINGTON BEACH REDEVELOPMENT
CARLSON & RAUTH AGENCY
S ecial Counsel C
APPROVED AS TO FORM: ATTEST:
Clerk
Agency Counsel G
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