HomeMy WebLinkAboutO.C. Vector Control, O.C. Water Dist., County of Orange, O.C. Superindent of Schools, Coast Comm. Coll. Dist., O.C. Flood Control, HBUHSD, O.V. School Dist., O.C. Dept. of Ed. - 1986-08-18ROSE -NOW SPEVACEK .GROUP, INC.
September 24, 1999
Mr. Stephen Kohler
Redevelopment Project Manager
CITY OF HUN7INGTON BEACH
2000 Main Street
Huntington Beach, California 92648
TAXING AGENCY PASS TITROUGII AGREEMENTS FOR THE HUNTINGTON
BEACH REDEVELOPMENT PROJECT
Dear Mr. Kohler:
Enclosed for your reference are copies of the pass -through agreements involving the Huntington
Beach Redevelopment Agency and local taxing agencies. I hope this information facilitates your
efforts.
Should you have any questions or need additional information, please contact me at
(714) 541-4585.
Sincerely,
ROSF.,NOW SPEVACEK GROUP, INC.
James-C. imon
Senior Associate
JCS:dw
Enclosure
540 Nord Golden Circle, Suite 305 • Santa Ana, CA 92705-3914 * Telephone 714.541.4585 • Fax 714.836.1748
60Mkh'fCkMxgMt% San Diego 760.967.6462 • E-Mail Address: RSG1`'CCACaol.Com
INDEX
Taxing Agency Pass -Through Agreements
for the Huntington Beach Redevelopment Project
Taxine Aecncy
Entire Merged Area
Orange County Vector Control
Orange County Water District
Huntington Center Commercial District
County of Orange
Orange County Superintendent of Schools
OakView
Coast Community College District
County of Orange and Orange County Flood Control
Huntington Beach High School District
Ocean View Elementary School District
Orange County Department of Education
Tab No.
1
2
3
4
S
6
7
8
9
bmekb1inckm
Huntington Beach Redevelopment Project
Report to the City Council
AFFECTED TAXING ENTITIES WITH WHOM
THE AGENCY HAS ENTERED INTO A PASS THROUGH AGREEMENT
Taxing Entity Date of Pass Through Agreement (I1 Applicable)
Huntington Oakview Talbert- Yorktown- Main -Pier Main -Pier
Center Beach take (Original Area) (Added Area)
City of Huntington beach
County General Fund
n/a
Yes 1514181)
n/a
Yes (818159)
n/a
n1a
County Flood Control
Yes (514/87)
Yes (818189)
n/a
County Harbors, Beaches & Parks
n1a
Yes (818/89)
n/a
County Transportation
n1a
n1a
n1a
County Water District
Yes (11/14/84)
Yes (11114/84)
Yes (11/14/84)
County Sanitation
n1a
n1a
n1a
County Vector Control
n/a
Yes (6/19/89)
n/a
County Cemetery District
tVa
Elf• : Yt<'" ;Kry{,,;`k _�
Educational Rev. Augmentation
n/a
n/a
n/a
County Dept. of Education
Yes (8118186)
Yes (7128/89)
n/a
Coast Community College
n1a
Yes (8116l89)
n1a
Huntington Beach HSD
n/a
Yes (6/19/89)
n/a
Ocean View ESD
n1a
Yes (818/89)
n1a
Huntington Beach ESDws
Westminster ESD
n/a
n/a
n/a
n1a
n1a
n/a
n/a
n1a
n1a
n/a
n/a
Yes (11114/84)
Yes (11114184)
n/a
IUa
Ala n/a
Ala
n/a
n/a
n/a
Na
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Yes (11114/84)
nla
n/a
vwvn.»vn'i4+F.vin.vriirl.vJ.`:in
n/a
n1a
n/a
n/a
n/a
Notes:
"Na" means not applicable, the listed taxing entity does not have'a pass through agreement with tho Agency. Pursuant to Section
33607.7 of the Law, taxing entities with whom the Agency did not enter into a pass through agreement prior to January 1. 1994 would
receive statutory payments from future tax Increment revenues,
Shading represents districts that do not have jurisdiction In such areas
Source: City of Huntington Beach, County of Orange Auditor -Controller
Rosenow Spevacek Group. Inc.
Taxing EnhHes Counerpl 9130+96 t or 1
OR 011Vq L-
COOPERATION AGREEMENT BETWEEN THE
ORANGE COUNTY VECTOR CONTROL DISTRICT
AND THE HUNTINGTON BEACH REDEVELOPMENT AGENCY
THIS AGREEMENT is entered into on the 4�4 day of
"5ue-4f-- , 1989, by and between the ORANGE COUNTY
VECTOR C0N7R07A0 DISTRICT, a public agency, hereinafter referred
to as "DISTRICT" and the HUNTINGTON BEACH REDEVELOPMENT AGENCY,
a public body, hereinafter referred to as "AGENCY".
W I T N E 5—S. E T H:
WHEREAS, the Aqencv is a redevelopment agency existing
pursuant to the provisions of the Community Redevelopment Law
(California Health and Safety Code Section 33000,
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 (the "City Council");
and
'RHE.REAS, in November 1982, the City Council adopted
Ordinance No. 2582 pursuant to the California Community
Redevelopment Law approving the Redevelopment Plan for the
Oakview Redevelopment Project (hereinafter referred to as "the
Project"); and
WHEREAS, the AGENCY has formulated an amended Redevelopment
Plan for Amendment No. One to the Oakview Redevelopment Project
(hereinafter referred to as "the Amendment").
WHEREAS, the Amendment contains provisions to increase the
limitation for the distribution and allocation of property tax
revenues derived from property located within the Oakview
Redevelopment Project Area (the "Project Area") to the Agency
pursuant tc California Health and Safety Code Section 33670(b);
and
WHEREAS, the DISTRICT, as defined in Section 33353.2 of the
Health and Safety Code, is an affected taxing entity which has
general purpose and special bonded indebtedness D& vy Liorg,m
property taxes levied on its behalf by COUNTY on certain areas
that comprise the Project Area in Fiscal Year 1988-89; and
WHEREAS, Section 33401 of the Health and Safety Code
authorizes AGENCY to pay an affected taxing entity with
territory within a project area that amount of money which
AGENCY determines is appropriate to alleviate the financial
burden or detriment caused said entity by the Amendment; and
WHEREAS, the DISTRICT, through its participation in the
fiscal review process has submitted its objections to the
Amendment and has substantiated with data and information, the
financial burden or detriment it will sustain as a result of
the Amendment; and
WHEREAS, the AGENCY has found and determined that it would
be appropriate to alleviate that financial burden or detriment
caused to DISTRICT by the Amendment by paying to DISTRICT or
DISTRICT'S successors certain monies consistent with Section
1.2 of this Agreement all in accordance with Section 33401 of -
the Health and Safety Code; and
WHEREAS, DISTRICT and AGE►:CY desire to resolve and settle,'
once and for all times, all present, past and future
controversies, claims, causes of action, or purported causes of
action, differences or disputes, both real and potential,
ensuing against The City of Huntinaton.Beach and AGENCY in
relationship to the Project and the Amendment; and
NOW, THEREFORE, in consideration of the foregoing and the
mutual promises and covenants contained herein, the parties
agree as follows:
Section 1. Distribution Qf Tax Increment.
1.1 Definitions. For purposes of this Agreement, the
following terms will have the stated definitions:
a. "TAX INCREMENT" shall mean that portion of
Id v m property taxes resulting from the increase in
assessed valuation in the Project Area over the 19062-1983 base
year assessed valuation in the Project Area which tax revenues
are allocated and paid to the Agency pursuant to California
Health and Safety Code Section 33670(b) in accordance with the
Amendment. "Tax Increment" shall refer to those taxes
collected as a result of the 1% levy allowed under Article
XIIIA of the Constitution of the State of California.
b. "DISTRICT'S SHARE" shall mean that portion
of "TAX INCREMENT" allocated to and received by AGENCY pursuant
to Health and Safety Code Section 33670(b) resulting from the
general purpose tax levy of DISTRICT that, had the Project not
been adopted, would be allocated and paid to DISTRICT for the
benefit of DISTRICT'S General Fund, as computed by the County
Auditor Controller in accordance with the applicable provisions
of the Revenue and Taxation Code of the State of California.
C. "AGENCY'S BASE" shall mean.that portion of
the "Tax Increment" allocated to the Agency up to and including
$350,000 per annum.
6/02/89
4810n/2460/034
-2-
.d. "ADDED TAX INCREMENT" shall mean TAX
INCREMENT in excess of the AGENCY's base.
e. "Fiscal Year" shall mean the period from
July 1 to and including the following June 30.
f. "Ordinance" shall mean Ordinance No. 300,'�
(the ordinance approving the Amendment).
g. "Project Area" shall mean that area so
designated in the Amendment as approved by the Ordinance.
h: "Term" shall mean the period of time the
Amendment remains in effect.
1.2 Allocation of Tax Increment. AGENCY shall pay to
DISTRICT or its successors for each Fiscal Year an amount equal
to ONE HUNDRED percent (100%) of DISTRICT'S SHARE of the ADDED
TAX INCREMENT. Payment to DISTRICT of said amounts shall
commence within a reasonable period after the first allocation
i and payment by the County Auditor -Controller to AGENCY of ADDED
1 TAX INCREMENT pursuant to the Amendment provided that payments
in relation to allotments received between July 1 and December
1 31, of any Fiscal Year shall be made no later than the
following February 28; and that payments in relation to
allotments received between January 1 and June-30, of any
Fiscal Year shall be ma.de no later than the following August 30.
1.3 bDoks and Records. AGENCY shall, within thirty
(30) days after receipt of written request from DISTRICT, make
available to DISTRICT for review or audit its records or
statements regarding the allocation and payment of ADDED TAX
INCREMENT to AGENCY in accordance with the Amendment pursuant
to California Health and Safety Code Section 33670(b).
1.4 Eggtion 33fi76DISTRICT certifies
that it shall not request receipt of revenues pursuant to
Sections 33676(a)(1) and 33676(a)(2) of the Health and Safety
Code and within 60 days of executing this Agreement, DISTRICT
will repeal the resolution, if any, that it has adopted
pursuant to Section 33676(b) regarding the Project and the
Amendment.
1.5 SQnditions. Payments pursuant to Section 1.2 are
subject to the conditions and limitations set forth herein
below.
(a) AGENCY'S obligation under this Agreement to
make payments to the DISTRICT is deemed to constitute "an
indebtedness" within the meaning of Health and Safety Code
Sections 33670 and 33675.
6/02/89
4810n/2460/034 -3. "
(b) AGENCY's obligation to make payments
hereunder shall be limited to ADDED TAX INCREMENT from the
Project Area received by AGENCY. In no way shall AGENCY be
liable for such obligations from revenues of other
redevelopment project areas in she City of Huntington Beach
(the "City") or from TAX INCREMENT up to and including AGENCY's
BASE or from any other revenues. The City shall have no
financial obligation or any other obligations by virtue of this
Agreement, and shall not be responsible for the discharge of
obligations of the AGENCY ;:erein.
(c) No payment- shall be made by AGENCY in any
Fiscal Year pursuant to this Agreement if such payment would
impair any contract, obligation to service bonded indebtedness.
or any other existing obligation entered into by AGENCY prior
to the execution of this Agreement.
(d) AGENCY's obligation to make payments
hereunder shall be junior and subordinate to AGENCY's
obligation under Health and Safety Code Section 33334.2.
(e) Notwithstanding any other provisions cf this
Agreement to the contrary, AGENCY's obligation to make payments
to the District under this Agreement in any single year shall
not: (i) exceed the amount e: ADDED TAX INCREMENT which would
have been received by DISTRICT if all the ADDED TAX INCREMENT
from the Project Area had been allocated to all the affected
taxing agencies without regard to the division of taxes
required by Health and Safety Code Section 33670; (ii) violate
the expenditure limitation under Article XIIIB of the
California Constitution of such entity; or (iii) be contrary to
any provision of the laws of the State of California.
(f) No payments shall be made by AGENCY from the
ADDED TAX INCREMENT to DISTRICT except as expressly set forth
in Section 1.2 of this Agreement.
(g) DISTRICT shall indemnify, defend and hold
harmless AGENCY from any claims, liabilities and causes of
action asserted by any thin: party against the AGENCY by reason
of AGENCY's payment of funds in the manner described in
Section 1.2 of this Agreement.
Section 2. h,dminist_r_aticn.
2.1 Effective_Date and ,Ter m. This Agreement shall
become effective upon the date of execution of this Agreement
and shall remain in effect until all Agency debts are paid
pursuant to this Agreement, or until the limit for incurring
6/02/89
4810n/2460/034 -4-
indebtedness as stated in Section 602 of the Redevelopment Plan
for the Amendment expires, whichever event occurs last.
Notwithstanding the foregoing, this Agreement shall terminate
automatically and be of no further force or effect in the event
that the Amendment is not adopted on or before December 31,
1989, or in the event the adoption of Amendment should be set
aside or annulled as the result of litigation.
2.2 N.odification and Termination. If after this
Agreement is executed, the State of California enacts lags or
policies in co.flict with all or any portion of this Agreement,
AGENCY and DISTRICT may mutually agree to excuse performance of
all or any portion of this Agreement by AGENCY or DISTRICT.
In the event any section or portion of this
Agreement shall be held, found or determined to be
unenforceable cr invalid for any reason whatsoever, the
re:,:aining provisions shall remain in effect, and the parties
thereto shall take further actions as may be reasonably
necessary and available to them to effectuate the intent of the
parties as to all provisions set forth in this Agreement.
2.3 Egtice. DISTRICT has received all notices,
written or published, that is required by the California
Co-wnunity Redevelopment Law (Nealth and Safety Code Sections
33000 gt seQ.) to receive durin: the process leading to the
adoption of the Amendment and hereby waives any and all legal
rights it may have to contest said Amendment due 'to a failure
tc receive any statutorily required notice.
2.4 Cov.na nt Not to She. DISTRICT covenants and
agrees and irrevocably binds itself forever at no time or place
to commence or participate in or prosecute any actions on
account of any claim, whether past, present or future, arising
out of the City's and AGENCY's adoption of the Amendment or the
City's or AGE11CY's lawful activities pursuant to said Amendment.
2.5 Entire Agreement. This Agreement constitutes the
entire, complete and final expression of the agreement between
the parties and any changes, modifications or amendments
thereto shall be legally binding -and effective only upon duly
executed written amendment hereto.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the day and year first above written.
Dated: ra6�- 199 ORANGE C UNTY VECTOR CONTROL DISTRICT
61)
By:
6/02/89
4810r./2460/034 -5-
ATTEST:
Approved as to form:
Dated: I:j13r 110 HUNTINGTO BEACH Rv EVELOPN,EN GENCY
ATTEST:
Agency Clerk
Approved as to Form:
Chat n�
Executive Director
-a
Agency Legal CounselG�.,,
r 4(� ner ll Counsel)
Agency Special Counsel
6/02/89 -
4810n/2460/039 -6-
_r
AGREEMEITT
This A;reemeat is trade and entered into this lyth day
i
Ci 17Gve:;tbez , 1984, by and between the ORANCt
COUNTY WATER DISTRIC+ (the "District") and the HUNTINGTON BEACH
REDEVELOPMENT hGEtic:Y (the "Agency").
R E C I T A L S
WiERE.kS, the Agency is a redevelopment agency existing
pursuant to the provisions of the Conmunity Redevelopment Law
(California Health and Safety Code Section 33000 et sec.) Vnich
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 nu::bers, for the
Oakview project - Ordinance No. 2552, 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
rr4 fi++ ��:� Lr•16.
W:iEREAS, 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 Froject Area: and
i
WHEREAS, the Redevelor-meat Flans contain provisions
for the distribution and allocation of property tax revenues,
derived from property located within the Project. Areas, to t t
Agency pursuant to California Health and Safety Code Sectio:I
i
33670(b) (hereinafter referred to as "Tax increment"); and
WIIERZ�,S, 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 $100.03 o taxable value ("Basic Tax
Levy") levied on behalf of the District in each fiscal year to
the incremental taxable value in tr:e Project Areas but for the
adoption of the Redevelopment Plans (the "District Portion");
and
i
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 combine!
with a loss of property tax revenues produced by changes in
E ownership and new construction within the Project Areas; and
0
1813p/2273/00 -2-
WHEREAS, the parties agree that no financial burden o:
detriment will be caused as a result o= the Talbert Cap
Redevelopment plan; and
` 'hMREAS, the parties agree that the payrients 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 o: 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 anicably
resolve any differences regarding the RedevelopT.ent Plans, the
parties hereto enter into this Agreement.
NOW, THEREFORE, in consideration of the foregoing and
j the nutual covenants and conditions contained herein, the
parties hereto agree as follows:
SECTION 1. In each year, cormencing with fiscal year
1963-54, that taxes are allocated to and received by the Agency
Pursuant to Section 33670 of the California Health and Safety
i
Code or its successors, from the Oakview, Yorktown Lake, Main
1
E Pier, and Talbert Beach Project Areas, the Agency will pay to
i
the District a sun equal to Fifty percent (SO%) of the District
Portion of that Tax Increment which is generated by the Basic
Tax Levy which is so allocated to anj received by the Agency
until such time as the taxable value of the properties within
i
1813p/2273/00 -3-
4
0
I
such Project Areas increases in value over the 1982-83 base
year taxable value by one hundred percent, in which event, the
Agency's payrrart obligations to the District hereunder with
respect to eacb such Project Area shall terininate.
SECTION 2. In fiscal year 1995-96 and in each succeeding
fiscal year of the Huntington Cente. Cc,-nercial District
Redevelopment Flan, that taxes are allocated to and received by
the Agency pursuant to Secticn 33670 of the California Health
and Safety Code or its successors, fron, the Huntington. Center fm Zak
Lr ,��
Commercial District. Project area, the'Age..ncy will pay to the `�'`� `
.cool
District a sum. equal tc a'hirty•-_our percent (34%) of the .007\�k;
CZA I 1
District Portion of that Tax Increment which is venerated. b� �,��� SCOf111
the Basic Tax Levy which is so allocated to and received by the 'C'taia
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
i
deemed to constitute "an indebtedness" within the meaning of
Health and Safety Code Secticn 33675;
H. Agency shall pay to District amounts due pursuant
to this Agreenent 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 mace no later than, the followinng
1S13p/2273/O0
--4
February 28; and that payments in relation to allotments
received between January 1 and June 30 of any fiscal year shall
i
be rade 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 t1he Agency
frcmr any source.
SECTION 4. The District shall not file or participate in
opposition to the Agency or Citv of Huntington Beach in any
!
M lawsuit, attacking or otherwise questioning the validity,
adoption, or approval of the Redevelopment Plans or the
Proposed Redevelopment Plans or any cf the findings or
determinations made or to be grade by the Agency or the City
Council of the City in connection therewith.
SECTIONS. This Agreement constitutes the entire agreement
between the Agency and the District with respect to the natters
set forth herein, and any changes, modifications, or amendments
4 thereto shall be legally binding and effective only upon duly
executed written amendment hereto.
SECTION 6. This Agreement shall be effective retroactive
f
to September 20, 1982 and shall continue in effect until the
i
Agency is deactivated pursuant to Section 33141 of the
California Health and Safety Code or its successor.
1613p/22:3/00 -5-
Q.'a
I
1
I
I
III WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above w itten.
Approved as to form:
RUTAN L TUCKZ-R
By i
Y-i
Counsel for
County Water
Dt
Approved as to form:
STRADLING, YOCCA,
CARLSON S RAUTH
Special Counsel
APPROVED AS TO FORM:
Agency Counsel
1Sl3p/2273/00
ORANGE COUNTY WATER. DISTRICT
By:---
I
es:.deat
$y:
Secretary +tanager
HUNTINGTON BEACH REDEVELOPMENT
AGENCY
By:' /q7/, In
ATTEST:
Clerk 11�ii�;Y
TOTAL P.21
AGREEMENT BY AND BETWEEN _ J _
THE COAST GOh�!�![!�I ! TY CO�.LEGE D t 5TR I CT /. = {` =
AND THE 11UNTINGTON BEACH REDEVELOPMENT AGENCY � '
PERTAINING TO AMENDMENT NO. ONE TO !
THE OAKVIEW REDEVELOPMENT PLAN
.1
This Agreement is made and entered into 11is J0 day "
of a• �s• 1989 by amcng theCo sr ..T...,,,., . '
College District (hereinafter referred to as the "District"),
the Huntington Beach Redevelopment Agency (hereinafter referred
to as the "Agency") and the City of Hunting= each
(hereinafter referred to as the "City) .
RECITALS.
NFERMS, the Agency is a redevelopment agency existing
pursuant to the provisions of the Community Redevelopment Law
(California Health and Safety Code Section 33000, et se..)
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 peach (the "City Council");
and
WHEREAS, in November 1982, the City Council adopted
Ordinance No. 2582 approving a Redevelopment Plan (the "Plan")
for the Oakview Redevelopment Project (the "Project"); and
WHEREAS, the Agency has formulated Amendment No. One to the
Oakview Redevelopment Project ("Amendment No. One") .
WHEREAS, Fnendment No. One, contains provisions to increase
the limitation and to extend the term for the distribution and
allocation of property tax revenues derived from property
located within. the Oakview Redevelopment Project Area (the -
"Project Area") to the Agency pursuant to California Health and
Safety Code Section 33670(b) (hereafter referred to as "Added
Tax Increment"); and.
WHEREAS, the Project Area is located within the District's
boundaries and is served by the District, and
WHEREAS, Fiscal Review Committee meetings have been held at
which representatives of the District and other affected taxing
entities have discussed the fiscal impact of Amendment No. One;
and
WHEREAS, meetings have been held by representatives of the
District and representatives of the Agency to discuss the
fiscal impact of Amendment No. One on the District; and
WdEREAS, pursuant to California Health and Safety Code
Section 33401, the Agency is authorized to compensate affected
taxing entities, including the District, for any amounts of
money which the Agency determines are appropriate to alleviate
anv financial burden or detriment caused to the District by the
im;leaentatior. of A.mendnert 1`c . One; and
WEREAS, Section 33445 of the Health and Safety Code
provides auth-rization for the Agency, with the consent of the
City Council, to pay all or part of the value of the land and
the cost of the installation and construction of certain
hu41d_nas, facilities, struc,r._es, cr cth er _nZrove.;.ents ow:.Ed
or to be owned by the Districz (here4nafter the "District
Facilities"), whether within or without the Project Area but-
W.&t. in the territorial jurisdiction of the Agency, upon a
dezerminaticn by the City Council and the Ace ncy that such
buildings, Facilities, structures, or other improvement's are cf
benefit to the Project Area c_ the im..ediate neichbcrl.004 in
which the Project Area is located and that no other reasonable
means of financing such buildincs, facilities, structures, or
other improvements are available to the com4munity (the .
'.cc=unity" being defined in-t::e Co=—,,nity Redevelopment Law as
the City of Huntington Beach).
WHEREAS, the purpose of this Agreement is to provide for
the appropriate payments to be made by the Agenciy to the
District in order to: (1) alleviate all signiFicant financial
burden or detriment caused to tae District by the tax
allocation vrovisions of Fmendm nt No. One; and (2) assist the
District by pay for all or Fart of the cost of certain
District Facilities.
MHEREAS, this Agreement alleviates financial burden or
detriment to the District resulting from Amendment No. One.
WHEREAS, for the above reasons, and to amicably resolve any
differences regarding knend.ment No. One, the parties hereto
enter into this Agreement.
NOW, THEFaFORE, in consideration of the foregoing and the
mutual covenants and conditions contained herein, the parties
hereto agree as follows:
Section 1. Definitions
The words and terms in this agreement, unless a different
meaning clearly appears from the context, shall have the
meanings set forth as follows:
(a) "Added Tax. Increment" shall mean property tax revenues
in excess of Three Hundred Fifty Thousand Dollars ($350,000)
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4866n/2460/034 -2-
per fiscal year including the Property Tax Increment set forrh
in Health and Safety Code Section 33334.2 attributable to
increases in the assessed valuation'of property located within
the Project Area above the valuation.shown on the 1982-1983
assessment roll, which tax revenues are allocated and paid to
the Agency pursuant to California Health and Safety Code
Section 33670(b) in accordance with Amendment No. One .
(b) "Agency" shall mean the Huntington Beach Redevel^v_.;.ent
Agency.
( c ) "City" shall mear. the City, of Beach., a
.&—u-icipal corporaticn.
(d) "Co=nunity Redevelopme. t Law" shall meat. Part 1 of
Division 24 of the Health 6 Safety Code (commencing with
Section 33000).
(e) "District" shall mean the Coast Ccrxnunity College
District, and its successors.
(f) "District Share" shall mean that portion of the Added
Tax Increment allocated to and received by the Age-cv DL'rsuant
to Health and Safety Code Section. 33670(b) resulting frcm the
general purpose tax levy of the District.
(g) "Existing Increment Flow" shall mean the full amount
of Property Tax Increment allocated and paid to the Agency in
accordance with the Plan, exclusive of any and all Added Tax
Increment so allocated in accordance with %mendment Vo. One.
(h) "Fiscal Year" shall mean the period from July 1 to and
including the following'June 30.
(i) "Ordinance" shall mean Ordinance No. oo;(the
ordinance approving Amendment No. One).
M "Project Area" shall mean that area so designated in
Amendment No. One as approved by the Ordinance.
W "Property Tax Increment" shall mean the full amount of
tax revenues attributable to increases in assessed valuation
above the valuation shown on the 1982--1983 assessment roll,
which tax revenues are allocated and paid to the Agency
pursuant to California Health and Safety Code Section 33670(b)
from the Project Area.
(1) "Tern" shall mean the period of time Amendment No. One
remains in effect.
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aaAr„i,>arnInaa _�_
U
Section 2. Payment by Acency to District
,
L�
(a) Subject to the provisions -of Section 3 of this
Agreement, for each Fiscal Year during the Term in which the
Agency receives an allocation and payment of Property Tax
i Increment, the Agency shall deposit into a special fund of the
Agency pursuant to subdivision (c) of this Section. 2, fifty
percent (50%) of the District Share. The District and the
Agency agree that the base assessed valuation used in ccmputing
such payments shall be established by the assessment roll for
the 1982-83 fiscal Year.
(b) in addition to the foregoing, for each Fiscal
du - the Term in which the Agency receives an allocation and
payment of Property Tax Increment pursuant to Health and Safety
Code Section. 33670(b), the Agency further agrees to deposit r
into a special fund of the Agency pursuant to subdivision (c)
of this Section 2, an amount eTual to all W the Added Tax {
Increment allocated to and paid to the Agency for the
applicable Fiscal Year pursuant to subdivision (b) of Section
33670 which are attributable no: 1) increases in the -ate- of
tax imposed for the benefit W the District which levy occurs
after the tax year in which the Ordinance becomes effective,
and 2) increases in the assessed valuation of the taxable
property located in the Project Area above the.vzluaticn shown
or. the 1982-1983 assessment roll pursuant to subdivision (a) of
Section 33670, which are, or otherwise would be, calculated
annually pursuant to subdivision (f) of Section 110.1 cf the
Revenue and Taxation Code. Such payments shall be made
i pursuant to the District resolution adopted in accordance with
Section 33676(b) of the Health and Safety Code electing to
r receive payments pursuant to Sections 33676(a)(1) and
! 33676(a)(2).
(c) Subject to Section 3 below, funds to be deposited by
the Agency en behalf of the District pursuant to this Agreement
shall be placed in a special fund of the Agency to be utilized
pursuant to the direction of the District solely for the
purposes permitted under Section 4. The special fund shall be
held in a separate interest -bearing account on behalf of the
District, with interest accruing to said account. The Agency
undertakes no responsibility or duty with respect to the
selection of the interest -bearing account or for the maximizing
of interest. The Agency agrees to cooperate with the District
in selecting the interest -bearing account. The District
covenants that it shall expend revenues received by the
District pursuant to this Agreement only in strict conformity
with this Agreement.
(d) Payments pursuant to Sections 2 and 3 are sub=ect to
the conditions and limitations set forth in parts (a) 6hrouch
(i) of Section 6 of this ;greement. r
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: �:. 4866n/2460/034 -4-
Section 3. Alternate Pavrient Procedure
As an alternative to the pa ..ent procedure set forth in
Section 2, the District may elect to have all payierts that are
to be deposited by the Agency made in one of the following
manners:
a. to a nonprofit corporation to be forced by the
District; or
b. directly to the contractors and suooliers of the
�S r� t W r constructing pip improvements • T: t..' t
D_ t c who are cons�_,.c r.c capital r.._ �c`eme:.:.s on ...s��+cam
Facilities as described in Section 4. Should the District
elect to have the payments received as described in this
Section 3(b), the Agency shall deposit the funds into a
separate interest -bearing account on behalf of the District
(with interest accruing to said account), and the Agency shah
be entitled to withdraw from said fund all costs (including
personnel and administrative costs) in administering said
fund. The Agency undertakes no responsibility or duty with
respect to the selection of interest -bearing accounts or from
the maximizing of interest. he Agency agrees to cooperate
with the District in selecting the interest -bearing account.
Section 4. District Expenditu-re of Revenues
All funds paid by the Age.:cy pursuant to Section 2 or 3 of
this Agreement shall be exne::ded on capital improvement
projects selected by the District. Upon written remuest by the
Agency as may be made so often as the Agency shall deep
appropriate, the District shall promptly provide without charge
a written statement accounting for the expenditure of funds,
together with any reports to state agencies pertaining to such
expenditures or the subject ir-.rovements.
Section 5. Agency Bonds
It is agreed and acknowledged by the District that the
Agency may issue bonds and assume obligations to the fullest
extent permitted by law, and that the Agency may pledge all or
any portion of the Added Tax Increment to the repannent of any
such obligations; provided that the inclusion of such a pledge
of Added Tax Increment attributable to the general purpose tax
levy of the District shall be allowable as a pledge only either
(i) with the written consent of the District or (ii) the Agency
covenants not to utilize the amount due the District in
establishing the size of any such bond issue. The District
agrees that it shall promptly approve and execute such
documents as are necessary or convenient to implement this.
Section. 5 and facilitate the issuance of bonds (or other
indebtedness) by the Agency, so long as such documents are
ccnsistent with this Section 5.
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Section 6. Conditions
Payments to be deposited by the Agency on behalf of the
District are subject to the Following conditions and
limitations:
(a) Agency's obligation under this Agreement to deposit
payments on behalf of the District is deemed to constitute "an
indebtedness" within the meaning of Health and Safety Code
Sections 33670 and 33675.
(b) Agency shall deposit on behalf of the, District amounts
due pursuant to this Agreement during each Fiscal Year within a
reasonable period after the Agency receives the Added Tax
Increment allczment from the County Auditor --Controller provide;
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 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 Added Tax increment from the Project Area
received by the Agency. in no way shall the Agency be liable
for such obligations from revenues of other redevelopment
project areas in the City or from Existing Increment Flow or
from any other revenues. The City shall have no financial
obligation or any other obligations by virtue of this Agreement.
(d) The hSency shall not be cblicated to defend any action
challenging the validity of any payments hereunder by Agency to
District; provided Agency shall cooperate in connection with
the District's defense thereof.
(e) Notwithstanding any other provisions of this Agreement
to the contrary, the Agency's obligation to make payments to
the District under this Agreement in any single year shall
not: (i) exceed the amount of Added Tax Increment which would
have been received by the District if all the Added Tax
Increment from the Project Area had been allocated to all the
affected taxing agencies without regard to the division of
taxes required by Health and Safety Code Section 33670; (ii)
violate the ex:,enditure limitation under Article XIIIH of the
California Constitution of such entity; or (iii) be contrary to
any provision of the laws of the State of California.
( f ) No payments
Tax Increment to the
Sections 2 and 3 of
shall be made by
District except
this Agreement.
the -Agency from the Added
as expressly set forth in
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4AAAn/74AA /Alt -C-
(c) The District shall indemnify, defend and hold harmless
the Acercy from any claims, liabilities and causes of action
asserted by any third party against. the Agency by reason of the
Acency's payment of funds in the manner described in Sections 2
and 3 of this Agreement.
(h) Failure by the Agency to deposit payments on behalf of
�..�o a1.et:e District i._:av c speC1cl fund C the } pun �
terms of this Agreeaie nt shall constitute a default hereunder.
M pa -meets made after the times described in Section
L I 6(b) shall bea= i r er. e5a at aVt.. a m a}im Wiallowable
rGLC -
permitted by law _ftom the date such payments are due and hot:
principal a Ad interest thereon. shall be deposited by Acency ,r.
the special account of Agency..
Section 7. Covenant Not To Sue
The District agrees and covenants that it shall not !ile or
participate in: opposition to the Agency in any lawsuit
attackinc_ or otherwise questioning the validity of Amendment
No. One, the adoption or approval of such Amendment No. 'One, or
any of the findings or deterninatians made by Agency or City
Council of the City in connection with the adoption of
Frend,ment No. One.
The District declares that it has conducted all such
investigation and study of matters pertaining to the subject
matter of this Agreement as it has deemed appropriate. The
District finds and determines that this Agreement alleviates
financial burden and detriment as presently exists to the
District resulting from F^endnent No. One.' The District acrees
and acknowledges that the prov'sion of -the continuing
effectiveness of such declaration is a material inducement to
the Agency to approve this Agreement, and that but for such
declaration the Agency would not approve and execute this
Agreement.
In the event and to the extent tax increments are withheld
from the recency by reason of the pendency of any such: cause of
action, case, claim, count, action, or complaint filed by any
public or private person or entity, or otherwise withheld, the
District acres not to claim interest on any such withheld
funds. The rcency's responsibility for making any
reimbursement otherwise required by this Agreement shall accrue
and be paid to the District when and if available at the
conclusion of litigation. The time for the Agency performance
hereunder shall be excused for the duration of such litigation.
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4866n/2460/034 —7—
Section 8. Entire Agreement
This Agreement constitutes the entire agreement between the
Agency and 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 9. Effective Date
This Agreement shall become effective the date last
executed below and shall continue in effect until Agency is
deactivated pursuant to Section 33141 of the California health
and Safety Code or its successors; provided that this Agreement
shall terminate automatically and be of no further force or
effect in the event that Amend.:.ent No. One is not adopted on or
before December 31, 1989, or in the event the adoption of
Amendment No. 0ne should be set aside or annulled as the result
of litigation.
IN WITNESS WHEREOF, the parties hereto have executed
t?:is Agreement on the day and year first above written.'
Dated: � 16 I.
l/
ATTEST:
y "-1 AJ44
C. M. Brahmbhatt
Director, Fiscal Affairs
Approved as to form:
Dated:
COAST COIMUNITY COLLEGE DISTRICT
By [,
Vice Chance or, Business Affairs
6/9/89
4866n/2460/034 —8—
9
ATTEST:
Agency Clerk U
AD —roved. as -o Worn:
z 4 �=- 2 x
Ag ncy Legal
(Go:+eral CO'se!
,�tifl 6 %, L' Z, •,'7
r
Agency Special Counsel
HUNTINGTON �'AC=RED"OP P`� i ENCvBy: .•C�4c .v
Chairman
s�
Pei
Executive Director
6/9/89 ---
4866n/2460/014 -O-
•� V
AGREEMENT BY AND BETWEEN
THE OCEAN VIEW ELEMENTARY SCHOOL DISTRICT
AND THE HUNTINGTON BEACH REDEVELOPMENT AGENCY
PERTAINING TO AMENDMENT NO. ONE TO
THE OAKVIEW REDEVELOPMENT PLAN
This Agreement is made and entered into this 8th day
of _Aua'tst , 1969 by and betweer. the Ocean View
Plementary School District (hereafter referred to as the
"District") and the Huntington Beach Redevelopment Acencv
(hereinafter referred to as the "Agency") .
RECITALS
WHEREAS, the Agency is a redevelopment agency existi+ c_
pursuant to the provisions of the Corny unity RedevelopM.en4 Law
(California Health and Safety Code Section 33000, et sec.)
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 (the "City Council");
and
WHEREAS, in November 1982, the City Council adopted
Ordinance No. 2582 approving a Redevelopment Plan (the "Plan")
for the Oakview Redevelopment Project (the "Project"); and
WHEREAS, the Agency has formulated Amendment No. One to the
Oakview Redevelopment Project ("Amendment No. One").
WHE-EREAS, Amendment No. One, contains provisions to increase
the limitation for the distribution and allocation of property
tax revenues derived from property located within the Oakview
Redevelopment Project Area (the "Project Area") to the Agency
tursuant to California Health and Safety Code Section 33670(b)
(hereafter referred to as "Added Tax Increment"); and
WHEREAS, the Project Area is located within the District's
boundaries and is served by the District, and
WHEREAS, meetings have been held by representatives of the
District and representatives of the Agency to discuss the
fiscal impact of Amendment No. One on the District; and
WHEREAS, pursuant to California Health and Safety Code
Section 33401, the Agency is authorized to compensate affected
taxing entities, including the District, for any amounts of
money which the Agency determines are appropriate to alleviate
any financial burden or detriment caused to the District by the
implementation of ;.mendmen*t No. One; and
WHEREAS, Section 33445 of the Health and Safety Code
provides authorization for the Agency, with the consent of the
City Council, to pay all or part of. the value of the land a::d
the cost of the installation and construction of certain
buildings, facilities, structures, or other improvements ou-ned
or to be owned by the District (hereinafter the "District
Facilities"), whether within or without the Project Area but
within h,e tt.'_ itoria1 4u_ isdictio:, of the Agency, upo:: a
determination by the City Council and the Agency that such
buildings, facilities, structures, or other improveme::ts are of
benefit to the Project Area or the imrnediare neighborhood in
wu.
Mch bile Prcject Area is located and that no other reasonable
means of financing such buildings, facilities, structures, or
other im.prove.ments are available to the community (the
"comr.-unity" being defined in the Community Redevelopment Law as
the City of Hu,ntingten Beach) .
WHEREAS, the purpose of this Agreement is to provide for
the appropriate payments to be made by the Agency to the
District in order to: (1) alleviate all significant financial
burden or detriment caused to the District by the -tax
allocation provisions of Amendment No. One; and (2) ass+st the
District by paying for all or part of the cost of certain
District Facilities which are of benefit to the Project Area or
the ir=ziediate neighborhood in which the Project Area is located
and for which no other reasonable means of financing is
available to the community.
WAT-REAS, for the above reasons, and to amicably resolve any
differences regarding Amendment No. One, 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. Definitions
The words and terms in this Agreement, unless a different
meaning clearly appears from the context, shall have the
meanings set forth as follows:
(a) "Added Tax Increment" shall mean property tax revenues
in excess of Three Hundred Fifty Thousand Dollars ($350,000)
per fiscal year attributable to increases in the assessed
valuation of property located within the Project Area above the
valuation shown on the 1982-1983 assessment roll, which tax
revenues are allocated and paid to the Agency pursuant to
California Health and Safety Code Section 33670(b) in
accordance with Amendment No. One . 11_�
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4682n/2460/034
(b) "Agency" shall mean the Huntington Beach Redevelopment
Agency.
(c) "City" shall.mean the City of Huntington Beach, a
municipal corporation.
(d) "Co:rmunity Redevelop -rent Law" shall mean Part 1 of
Division 24 of the Health 5 Safety Code (cOmmenciny w th
Section 33000).
(e) "District" shall mean the Ocean view F.leme. Lary School
District, and, its successors.
{f} "District Share" shall mean that portion of the Added
Tax Increment allocated to and received by the Agency pursuant
to Health and Safety Code Section 33670(b) resulting the
general purpose tax, levy of the District.
(g) "Existing increment Flow" shall mean the full a.mourt
of Property Tax Increment allocated and paid to the Agency in
accordance with the Plan, exclusive of any and all Added Tax
Increment so allocated in accordance with Amendment No. one.
(h) "Fiscal Year" shall ::can the period Zerom July 1 to and
including the following June 30.
(i) "Ordinance" shall mean Ordinance No. 2con (the
ordinance approving Amendment No. One).
(j) "Project Area" shall mean that area so designated in
kmendment No. One as approved by the Ordinance.
W "Property Tax Increment" shall mean the full amount of
tax revenues attributable to increases in assessed valuation
above the valuation shown on the 1982-19B3 assessment roll,
which tax revenues are allocated and paid to the Agency
pursuant to California Health and Safety Code Section 33670(b)
:From the Project Area.
(1) "Term" shall mean the period of time Amendment No. One
remains in effect.'
Section 2. Pavment b Agenc to District
(a) Subject to the provisions .of Section 3 of this
Agreement, for each Fiscal Year during the Term in which the
Agency receives an allocation and payment of Property Tax
Increment, the Agency shall deposit into a special fund of the
Agency pursuant to subdivision (c) of this Section 2, fifteen
percent (15%)`of the District Share. The District and the
.6/04/89
'�' 46B2n/2460/034 -3-
I
V
Agency agree that the base assessed valuation used in computing
such payments shall be established by the assessment roll for
the 1982-83 Fiscal Year--- ,1.
(b) in addition to the foregoing, for each Fiscal Year
during the Term, the Agency agrees to deposit into a special
fund of the Agency pursuant to subdivision (c) of this
Section 2 an amount equal to all of the Added Tax Increment
_+�ocated and paid to 'the Agency for the...ap-pC le Fiscal Year
,Lsua�subdiMision (b) of Sectio:r-33670 which are
~- attributable moo; 1) increases in the�ate of tax imposed for
the benefit of the District which levy -occm sifter the tax
+ year in which the Ordinance becomes effective, and 2) increases
+r . t. a assessed valuation of the taxable prop erty located in
the Project un urea above the valuation showon the 1982--1983
assessment roll pursuant to subdivision (a) of Section 33676,
�hich are, or otrerwise would be, calculated annually pursuant
(f) _
�o subdivision of Section 110.1 of the Revenue and Taxat:o.^.
Cade. Such amounts shall be limited to Added Tax F^.cremen t •f'
which would have been allocated to the District after adoptirg
a resolution in accordance with Health and Safety Code Section-
; 33676(b) electing to receive payments pursuant to Sections
33676(a)(1) and 33676(a)(2), to the extent the then applicable
�Zaw recuires—s=h. alloc.aticn-=.-an--af-fa�ected--t"ing"2aency "w:.ich
has—mad6"the election under Section 33676(b). The District has
not elected to receive payments pursuant to Sections
33676(a)(1) or 33676(a)(2) of the Health and Safety Code and
payments made pursuant to this Section 2(b) shall be in lieu of
payments pursuant to said Sections 33676(a)(1) and
33676(a)(2). in the event any revenues are received by the
District pursuant to Sections 33676(a)(1) or 33676(a)(2), th.e
amounts to be deposited by the -Agency on behalf of the District
pursuant to this Agreement shall be reduced by an anourt equal
to sums received pursuant to Section 33676(a)(1) and
33676(a)(2), with the reduction to be made at the earliest
feasible time as determined by the Agency.
(c) Subject to Section 3 below, payments to be deposited
by the Agency on behalf of the District pursuant to this
Agreement shall be placed in a special fund of the Agency to be
utilized solely for the purposes permitted under Secticn 4.
The District covenants that it shall expend revenues received
by the District pursuant to this Agreement only within the
corporate limits of the City and only in strict conformity with
this Agreement.
r,—" w (d) The Agency agrees that it will indemnify and hold the
District harmless from any and all loss of District taxes
caused by implementation of tax increment financing in the
Project Area should the State of California fail to provide
6/04/89
4682n/2460/034 -4-
compensating sums pursuant to Education Code Section 42238 or
other similar or successor provisions of law.
Section 3. Alternate Payment Procedure
As an alternative to the payment procedure set forth in
Section 2, the District may elect to have all payments that are
6.0 be ucrOsi ted by -he ngencv made :n one of he €Glow"ng
manners:
a. to a nonprofit corporation to be formed by the
w�+ivtr�C.t/ .fir
b. directly to the contractors and suncliers of the
District who are constructing czoital im-o-ovements on District
Facilities as described in Section 4. Should the District
elect to have the payments received -as described in this
Section 3(b), the Agency shall deposit the funds into a
separate interest --bearing account on behalf of the District
l^ (with interest accruing to said account), and the Agency shall
be entitled to withdraw from said fund all costs (including
�-: personnel and administrative costs) in administering said
fund. The Agency undertakes no responsibility or duty with
,1 respect to the selection of interest --bearing accounts or from
the maximizing of interest. The Agency agrees to cooperate
with the District in selecting the interest --bearing account.
Payments pursuant to Sections 2 and 3 are subject to the
conditions and limitations set forth in parts (a) through (h)
of Section 6 of this Acrreement.
Section 4. District Exuenditure of Revenues
All funds paid by the Acency pursuant to Section 2 or 3 of
this Agreement'shall be ee ;nded on capital improvement
projects selected by the District but which shall be situated
within the City. •,Rea nable priority will be given to
facilities of direct enefit to the community, such as library
4 and recreational fa ilities. Upon written request by the
Acency as may be de o often as the Agency shall deer
apppropriate, th Dist 'ct shall promptly provide without
charge a writt n statement accounting for the expenditure of
funds, together with any reports to state agencies pertaining
to such expenditures or the subject improvements.
Sec ion 5. Agency -Bonds
It is agreed and acknowledged by the District that the
Agency may issue bonds and assume obligations to the fullest
extent permitted by law, and that the Agency may pledge all or
6/04/89
4682n/2460/034 -5-
any portion of the Added Tax Increment to the repay:-ent-of eay
such obligations; provided that the inclusion of such a pledge
of Added Tax Increment attributable to the general purpose tax
levy of the District shall be allowable as a first and senior
pledce only (i) with the consent of the District or (ii) upon
the payment by the Agency to the District (or the con.-nitment by
a trustee in connection with the issuance of bonds to cause to
be annually paid) from the proceeds of such issue or other
revenues available to the Agencv such revenues as would be
payable to the District in inn year in which pledged revenues
would be payable to the District pursuant to this Acreement.
The District agrees that it shall promptly approve and execute
such documents as are necessary or convenient to irplemert t is
Section 5 and facilitate the issuance of bonds (or ota.e=
indebtedness) by the Agency, so long as such documents are
consistent with this Section 5.
Section 6. Conditions
Payment to be deposited by the Agency on behalf of the
Distract are subject to the following conditions and
limitations:
r�
(a) Agency's obligation under this Agreement to deposit
I payments on behalf of the District is deemed to constitute "an
indebtedness" within the meaning of Health'and Safe.y Code
Sections 33670 and 33675.
`�(b) Agency shall deposit on behalf of the District amounts
due pursuant to this Agreement during each Fiscal Year within a
reasonable period after the Agency receives the Added 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 February 28; and that payments in relation to
allotments received between January I 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 Added Tax Increment from the Project Area
received by the Agency. In ro way shall the Agency be liable
for such obligations from revenues of other redevelopment
project areas in the City or from Existing Increment Flow or
from any other revenues. The City shall have no financial
obligation or any other obligations by virtue of this
Agreement, and shall not be responsible for the discharge of
obligations of the Agency herein.
(d) No payment shall be made by the Agency in any Fiscal
Year pursuant to this Agreement if such payment would impair
6/04/89
4682n/2460/034
-6-
any contract, obligation to service bonded indebtedness -or the
refinancing of such existing indebtedness or any other existing
obligation entered into by the Agency prior to the execution of
this Agreement.
(e) The Agency's obligation to make payments hereunder
shall be junior and subordinate to the Agency's obligation
under Health and Safety Code Section 33334.2.
(f) Notwithstanding any other provisions of this Agree.nent
to the contrary, the Agency's obligation to make payments to
the District under this Agreement in any single year shall
not: ( i ) exceed the amount of Added Tax Increment which would
have been received by the District if all the -Added Tax
Increment from the Project Area had been allocated to all the
affected taxing agencies without regard to the division of
taxes required by Health and Safety .Code Section 33670; (ii)
violate the expenditure limitation. under Article XIIIB of the
California Constitution of such entity; or (iii) be contrary to
any provision of the laws of the State of California.
(g) No payments shall be Trade by the Agency from the added
Tax Increment to the District except as expressly set forth in
Sections 2 and 3 of this Agreement. The District certifies
that it has not at any time requested and does not now request
the receipt of revenues pursuant to Health'and.Safety Code
Section 33676(a)(2) in connection with the Project, including,
without limitation, Amendment No. One thereto.
(h) The District shall indemnify, defend and hold harmless
the Agency from any claims, liabilities and causes of action
asserted by any third party against the Agency by reason of the
Agency's payment of funds .in the manner described in Sections 2
and 3 of this Agreement.
Section 7. Covenant Not To Sue
The District agrees and covenants that it shall not file or
participate in opposition to the Agency in any lawsuit
attacking or otherwise questioning the validity of Amendment
No. One, t`ie adoption or approval of such Amendment No. One,
any statement of indebtedness consistent with this Agreement,
or any of the findings or determinations made by Agency or City
Council of the City in connection with such Amendment No. One.
The District declares that it has conducted all such
investigation and study of natters pertaining to the subject
matter of this Agreement as it has deemed appropriate, and that
it has been advised at all times by counsel of its choosing.
The District finds and determines that this Agreement fully
6/04/89
4682n/2460/034 -7-
alleviates any financial burden and detriment to the District
resulting from Amendment No. One and, except as provided
hereinbelow, forever waives its right to submit a report to the
Agency, or to cause the Agency to hold a public hearing, or to
request or take other action to induce the Agency to consider
amendments to the Project or F-iendment No. One pursuant to
Health and Safety Code Secticn 33445.5. The District agrees
and acknowledges that the prcvision of the continuing
effectiveness' of such waiver is a material inducement to the
Acencv to a_p_ove this Agreement, and that but for. such waiver
the Agency would not approve and execute this Agreement.
Notwithstanding the foregoing, the Agency agrees to reopen
negotiations with the District concerning the financial burder.
c- detrim-enr to the District caused by the implementation cf
Amendment No. One if the Agency constructs or contributes to
the cost of construction of more than one hundred (100) new
dwelling units in the Project Area, during the Term.
In the event and to the extent tax increments are not paid
to or are withheld from the Agency by reason of the pendency of
any such cause of action,- case, claim, count, action, or
complaint filed by any public or private person or entity, the
District agrees not to claim interest on any such withheld
funds. The A-ency's responsibility for making any
reimbursement otherwise required by this Agreement shall accrue
and be paid to the District whe. and if available at the
conclusion of litigation. The time for the Agency performance
hereunder shall be excused for the duration of such litigation.
Section 8. Entire Agreement
This Agreement constitutes the entire agreement between. the
Agency and 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 9. Effective Date
This Agreement shall become effective the date last
executed below and shall continue in effect until Agency is
deactivated pursuant to Section, 33141 of the California Health
and Safety Code or its successors; provided that this Agreement
shall terminate automatically and be of no further force or
effect in the event that Amendment No. One is not adopted on or
before December 31, 1989, or in the event the adoption of
Amendment No. One`should be set aside or annulled as the result
of litigation.
6/04/89
4682n/2460/034 -8-
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the day and year first above written.
Dated: OCEAN VIEW ELEMrNTAIRY SCHOOL DISTRICT
ATTEST:
Approved as to form : -
Dated: _2-OL99
ATTEST:
C��- 'g.
Agency Clerk
Approved as to Form:
By:
HUNTINGTON EACH RED ELOPMEN ^GENCY
By:— .GG
Chairman
By: f
Executive Director
Agency Legal Couffsel 11
(P;nq a - A - oun�s 1 ?
�% .
Agency Special Counsel.
6/04/89
4682n/2460/034 -9-
(: to I C— nit? L
AGREEMENT EY AND AMONG
THE COUNTY OF ORANGE,
THE ORANGE COUNTY FLOOD CONTROL DISTRICT,
AND THE HUNTINGTON BEACH REDEVELOPMENT AGENCY
PERTAINING TO AMcNDMENT NO. ONE TO
THE OAKVIEW REDEVELOPMENT PLAN
Th Agreement is made and entered into this day
of 1989 by and among the County of Orange; the
Orange County Flood Control District (hereafter collectively
referred to as "County Taxing Entities") and the Huntington
Beach Redevelopment Agency (hereinafter referred to as .the
"Agency"). �'._
RECITALS 4` l: ,! '
WHEREAS, the Agency is a redevelopment agency existing
pursuant to the provisions of the Community -Redevelopment Law
(California Health and Safety Code Section 33000, a
which has been authorized to transact business and exercise the
pokers of a redevelopment agency pursuant to action of the City
Council of the City of Huntington Beach (the "City Council");
and
WHEREAS, in November 1982, the City Council adopted
Ordinance No. 2582 approving a Redevelopment Plan (the "Plan")
for the Oakview Redevelopment Project (the "Project"); and
WHEREAS, the Agency has formulated Amendment No. One to the
Oakview Redevelopment Project ("Amendment No. One").
WHEREAS, Amendment No. One, contains provisions to increase
the limitation for the distribution and allocation of property
tax revenues derived from property located within. the Oakview
Redevelopment Project Area (the "Project Area") to the Agency
pursuant to California Health and Safety Code Section 33670(b)
(hereafter referred to as "added Tax Increment"); and
WHEREAS, meetings have been held by representatives of the
County Taxing Entities and representatives of the Agency to
discuss the fiscal impact of the Project on the County Taxing
Entities; and
WHEREAS, the County of Orange (the "County") has negotiated
on behalf of all entities and departments with respect to which
the members of the Board of Su;ervisors serve on the governing
board; and
V
WHEREAS, pursuant to California Health and Safety Code
Section 33401, the Agency may pay to the County Taxing Entities
as a taxing agency with territory located in the Project Area,
an amount of money which, in the Agency's determination, is
appropriate tc alleviate any financial burden or detriment
caused to the County Taxing Entities by the implementation of
Amendment No. One; and
WHEREAS, the Parties agree that the allocation of all the i
tax increment revenue to the Agency as a result of the
implementation of Amendment No. One as proposed would cause a
financial burden and detriment to the County Taking Entities in
t::at there will be a net increase in t:e quality and quantity
of County services provided by the Orange County General Fund;
the Orange County Harbors, Beaches and Parks Fund, and the
Orange County Flood Control District; and _J
WHEREAS, the parties agree that the payments provided for
under this Agreement are necessary to -and are sufficient to
alleviate the above financial burdens and detriments; and
WHEREAS, for the above reasons, and to amicably resolve any
differences regarding Amendment No. One, 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 I
The words and terms in this Agreement, unless a different
meaning clearly appears from the context, shall have the
meanings set forth as follows:
(a) "Added Tax Increment" shall mean property tax revenues
in excess of Three Hundred Fifty Thousand Dollars ($350,000)
per Fiscal Year attributable to increases in the assessed
valuation of property located within the Project Area above the
valuation shown on the 1982-•1983 assessment roll, which tax
revenues are allocated and paid to the Agency pursuant to
California Health and Safety Code Section 33670(b) in
accordance with Amendment No. One .
(b) "Agency" shall mean the Huntington Beach Redevelopment
Agency.
(c) "City" shall mean the City of Huntington Beach, a
municipal corporation.
6/6/89
4361n/29 60/039 -2-
-
V
(d) "Corrrnunity
Division 24 of the
Section 33000).
Redevelopment Law" shall mean Part 1 of
Health & Safety Code (commencing with
(e) "County" shall mean the County of Orange, a political
subdivision of the State of California, and its successors.
(f) "County Share" shall mean that portion of the Added
Tax Increment allocated to and received by the Agency pursuant
to Health and Safety Code Section 33670(b) resulting from the
general purpose tax levy of the County.
(g) "District" shall mean the Orange County Flood Control
District, and its successors.
(h) "District Share" shall mean that portion of the Added
Tax Increment allocated to and received by the Agency pursuant
to Health and Safety Code Section 33670(b) resulting from the
general purpose tax levy of the District.
(i) "Existing Increment Flew" shall mean the full amount of
Property Tax Increment allocated and paid to the Agency in
accordance with the Plan, exclusive of any and all Added Tax
Increment so allocated in accordance with Amendment No. One.
(j) "Fiscal Year" shall mean the period from July 1 to and
including the following June 30.
(k) "HBP" shall mean the County of Orange Harbors, Beaches
and Parks Fund.
(1) "HBP Share" shall :.lean that portion of the Added Tax
Lq=ement allocated and received by the Agency pursuant to
Health and Safety Code Secton-33670(b) resulting from the
general purpose tax levy of HOP. In the event HBP should cease
to function, the Agency shall make payments of those amounts
which, pursuant to this Agreement, would be payable to HBP, to
the County. Such cessation or a transfer of responsibility
from HBP to the County. shall not result in the Agency making
greater payments at the higher percentage represented by the
County Share in comparison to the HBP Share.
(m) "Ordinance" shall mean Ordinance No. 3002- (the
ordinance approving Amendment No. One).
(n) "Project Area" shall mean that area so designated in
Amendment No. One as approved by the Ordinance.
(o) "Property Tax Increment" shall mean the full amount of
tax revenues attributable to inzreases in assessed valuation
above the valuation shown on the 1982-1983 assessment roll,
which tax revenues are allocated and paid to the Agency
6/E/89
43E1n/2460/034 -3- —
Pursuant to California Health and Safety Code Section 33670(b)
from the Project Area.
(p) "Term" shall mean the period of time Amendment No. One
remains in effect. -
Section 2
The Agency agrees to pay the County Taxing Entities and uap
each Fiscal Year within the Tern an a -mount equal to all of the
Added Tax Increment allocated and paid to the Agency for the
applicable Fiscal Year pursuant to subdivision (b) of Section
33670 which are attributable to increases in the rate of tax
imposed for the benefit of t::e Counts Taxing Entities and ESP
W1,Aich levy occurs after the tax year in which the Ordinance
• !.5 ,r
adopting Amendment No. One beccmes effective. Such amounts
shall be limited to Added Tax Increment which would have been
allocated to the County Taxing entities and HBP after an
election pursuant to Health and Safety Code Section
33676(a)(1), to the extent the then applicable law requires
such allocation to an affected taxing agency which -has made the
election under Section 33676(b).
Section 3
The Agency shall pay to the District or its successors for
each Fiscal Year an amount equal to the District -Share which is
received by the Agency in such Fiscal Year. This Section 3
shall remain in effect throughout the Term so long as the, zr'
District continues to function.f..;�
X-
Se;tign G
(a) For the'first ten (10) Fiscal Years following the
effective date of the Ordinance during which the Agency
receives an allocation and payment of Property Tax Increment,
the Agency shall make no payment to the County or HBP except as
provided in Section 2 above.
(b) The Agency agrees that for each Fiscal Year co=encing
with Fiscal Year eleven (11) and continuing through Fiscal Year
twenty (20) in which the Agency is allocated and paid Added Tax
Increment, the Agency shall pay to the County or its successors
an amount equal to thirty percent (30%) of the County Share and
shall pay to HBP an amount equal to thirty percent (30%) of the
HBP Share.
(c) Commencing'with the twenty-first Fiscal Year and
continuing through the Fiscal Year in which Amendment No. One
is terminated or expires, the Agency agrees that for each such
Fiscal Year in which the Agency is allocated and paid Added Tax
Increment, the Agency shall pay to the County or its successors
6/6/89
4361n/2460/034
-4-
1 � 1
an amount equal to fifty percent (50%) of the County Share and
shall pay to F.BP an amount equal to fifty percent (50%) of the
HBP Share.
(d) The County, the District, HBP and the Agency agree that
the base assessed valuation used in computing the payments made
by the Agency to the County, the District and HBP pursuant to
Sections 3 and 4 of this Agreement shall be established by the
assessment roll for the 1962-83 Fiscal Year.
(e) Payments pursuant to Sections 2, 3, and 4 are subject
to the conditions and limitations set forth in parts (a)
through (g) of Section 6 of this Agreement.
Section 5
It is agreed and acknowledged by the County Taxing Entities
and HBP that the Agency may issue bonds and assume obligations
to the fullest extent permitted by law and, except as provided
in Section 6(e) herein, that the Agency may pledge all or any
portion of the Added Tax Increment to the -repayment of any such
obligations, provided that the inclusion within such a pledge
of Added Tax Increment attributable to the general purpose tax
levy of the County Taxing Entities or HBP shall be allowable as
a first and senior pledge only (i) with the consent of the
County or (ii) upon the payment by the Agency to the County,
HBP or the District (or'the commitment by a trustee in
connection with the issuance of bonds to cause to be annually
paid) from the proceeds of such issue or other revenues
available to the Agency such revenues as would be payable to
the County, HBP or the District in any year in which pledged
revenues would be payable to the County, HBP or the District
pursuant to this Agreement. The County agrees that it shall
promptly approve and execute such documents as are necessary o=
convenient to implement this Section 5 and facilitate the
issuance of bonds (or other indebtedness) by the Agency, so
long as such documents are consistent with this Section 5.
Payments to the County, the District and HBP are subject to
the following conditions and limitations:
(a) Agency's obligation under this Agreement is deemed to
constitute "an indebtedness" within the meaning of Health and
Safety Code Sections 33670 and 33675.
(b) Agency shall pay to the County, the District, and HBP
amounts due pursuant to this Agreement during each Fiscal Year
within a reasonable period after Agency receives the Added Tax
Increment allotment from the County Auditor -Controller provided
that payments in relation to allotments received between July 1
6/6/89
4361n/2460/034 -5-
i
and December 31, of any Fiscal Year
the following February 2E; and that
allotments received between January
Fiscal Year shall be made no later
shall be made no later than
payments in relation to
1 and June 30, of any
than the following August 30.
(c) The Agency's obligation to make payments hereunder
shall be limited to Added Tax Increment from the Project Area
received by the Agency. In no way shall the Agency be liable
for such: obligations from revenues of other redevelopment
project areas in the City or from Existing Increment- Flow or
frcm any other revenues. The City shall have no financial
obligation or any other obligations by virtue of this
Agreement, and shall not be responsible for the discharge
obligatic::s of the agency : ereln.
(d) No payment shall be made by the Agency in any Fiscal
Year pursuant to this Agreemnent if such payment would impair
any contract, obligation to service bonded indebtedness or the
refinancing of such existing indebtedness or any other existing
obligation entered into by the Agency prior to the execution of
this Agreement.
(e) The Agency's obligation to make panents hereunder
shall be junior and subordinate to the Agency's obligation
under Health and Safety Code Section 33334.2.
(f) Notwithstanding -any other provisions of this Agreement
to the contrary, the Agency's obligation to make payments to
the County, HBP or the District under this Agreement in any
single year shall not: (i) exceed the amount of Added Tax
Increment which would have been received by either if all the
Added Tax Increment from the Project Area had been allocated to
all the affected taxing agencies without regard to the division
of taxes required by Health and Safety Code Section 33670; (ii)
violate the expenditure limitation under Article XIIIB of the
California Constitution of such entity; or (iii) be contrary to
any provision of the laws of the State of California.
(g) No payments shall be made by the Agency from the Added
Tax Increment to any agency or division of the County -(or any
agency administered by the County) except as expressly set
forth in Sections 2, 3 and 4 of this Agreement. The County,
HBP, and the District certify that they have not at any time
requested and do not now request the receipt of revenues
pursuant to Health and Safety Code Section 33676(a)(2) in
connection with the Project, including, without limitation,
Amendment No. One thereto.
Section 7
The County, HBP and the District each agree and covenant
that they shall not file or participate in opposition to the
6/6/89
4361n/2460/034 -6-
Agency in any lawsuit attacking or otherwise questioning the
validity of Amendment No. One, the adoption or approval of such
Amendment No. One, any statement of indebtedness consistent
with this Agreement, or any of the findings or determinations
made by Agency or City Council of the.City in connection with
such Amendment No. One.
Section 8
This Agreement constitutes the entire agreement between the
Agency and the County, the District and HBP 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 amen,_'ment hereto.
Section 9
This Agreement shall become effective the date last
executed below and shall continue in effect until Agency is
deactivated pursuant to Section 33141-of the California Health
and Safety Code or its successors; provided that this Agreement
shall terminate automatically and be of no further force or
effect in the event that Amendment No. One is not adopted on or
before December 31, 1989, or in the event the adoption of
Arendment No. one should be set aside or annulled as the result
of litigation.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
Approved as to form:
r _•
County Counsel
Dated: 7- 2.6 -,f9
COUNTY OF ORANGE AND ORANGE
COUNTY FL OD CONTROL DISTRICT
By:
Chairman, Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD.
Linda D. Ruth
Clerk of'the Board of Supervisors
County of Orange, California
616/89 AUG IISS
4361n/2460/034 -7- r.
ATTEST:
Agency Clerk
Approved as to torn:
. 1/
HUNTINGTON BEACH REDEVELOPMENT
AGENCY
C nai,an
By: r
Executive Director
Agency Legal Counsel`,-z^L.-r�,-�q
ereF /2.Cqu}zsel) .
L '
Agency Special Countel � ��-
616189
4361n/2460/034
-6-
AGREEMENT BY AND BETWEEN
THE ORANGE COUNTY DEPARTMENT OF EDUCATION
AND THE HUNTINGTON BEACH REDEVELOPMENT AGENCY
PERTAINING TO AMENDMENT NO. ONE TO
THE OAKVIEW REDEVELOPMENT PLAN
This Agreement is made and entered i :to this 28t�, I day
of July , 1989 by and among the Orange County
Department of Education (hereafter referred to as the
"Department") and the Huntington Beach Redevelopment Agency
(hereinafter referred to as. the "Agency").
RECITALS
WHEREAS, the Agency is a redevelopment agency existing
pursuant to the provisions of the Community Redevelopment La::
(California Health and Safety Code Section 33000, &-t
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 (the "City Council");
and
WHEREAS, in November 1952, the City Council adopted
Ordinance No. 2582 approving a•Redevelopment Plan (the "Plan")
for the Oakv_ew Redevelopment Project (the "Project"); and
Vr4EREAS, the Agency has formulated Amendment No. One to the
Oakview Redevelopment Project ("Amendment No. One").
WHEREAS, Amendment No. One, contains provisions to increase
the limitation for the distribution and allocation of property
tax revenues derived from property located within the oakview
Redevelopment Project Area (the "Project Area") to the Agency
pursuant to California Health and Safety Code Section 33670(b)
(hereafter referred to as "Added Tax Increment"); and
WHEREAS, rnee6ings have been held by representatives of the
Department and representatives of the Agency to discuss the
fiscal impact of the Project on the Department; and
WHEREAS, pursuant to California Health and Safety Code
Section 33501,-the Agency may.pay to the Department as a taring
agency with territory located in the Project Area, an amount of
money which, in the Agency's determination, is appropriate to
alleviate any financial burden or detriment caused to the
Department by the implementation of Amendment No. One; and
WHEREAS, the Parties agree that the allocation of all the
tax increment revenue to the Agency as a result of the
implementation. of Amendment No. One as proposed would cause a
financial burden and detriment to the Department in the amounts -
set forth herein to be paid to the Department; and
WHEREAS, the parties agree that the payments provided for
under this Agreement are necessary to and are sufficient to
alleviate the above financial burdens and detriments; and
WHEREAS, for the above rersons, and to amicably resolve any
differences regarding Amendment No. One, 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:
The words and ter.;�s in this Agreement, unless a different
meaning clearly appears from the context, shall have the -
meanings set forth as follows:
(a-) -Added Tax Increment" shall mean property tax revenues
in excess of Three Hundred Fifty Thousand Dollars ($350,000)
per Fiscal Year attributable to increases in the assessed
valuation of property located within the Project Area above the
valuation shown on the 1982-1963 assessment roll, which tax
revenues are allocatea and paid to the Agency pursuant to
California Health and Safety Code Section 33670(b) in
accordance with Amendment No. One'.
(b) "Agency"'shall mean the Huntington Beach Redevelopment
Agency.
(c) "City" shall mean the City of Huntington Beach, a
municipal corporation.
(d) "Community Redevelopment Law" shall mean Part 1 of
Division 24 0£ the Health & Safety Code (cocrmencing wits:
Section 33000).
(e) "Department" shall mear. the Orange County Department of
Education, and -its successors.
(f) "Existing. Increment Flcw" shall mean the full amount of
Property Tax Increment allocated and paid to the Agency in
accordance with the Plan, exclusive of any and all Added Tax
Increment so allocated in accordance with Amendment No. One.
5/31/89
4781n/2460/034 -2-
r1.
(g) "Fiscal Year" shall mean the period from July 1 to and
including the following June 30.
(h) "Ordinance" shall mean Ordinance No, oo'+ (the
ordinance approving Amendment No.
(i) "Project Area" shall mean that area so designated in
Amendment Vo. One as approved by the Ordinance.
(j) "Property Tax Increment" shall mean the full amount- of
tax revenues attributable to increases in :assessed valuation
above the valuation shown on the 1982-1983 assessment' roll,
which tax revenues are allocated and vai to the Agency
Pursuant to California Wealth and Safety Code Section 336:0(b)
from the Project Area.
M "Term" shall mean the period of time Amendment No. One
remains in effect.
Section 2
(a). The Agency agrees to pay to the Department each Fiscal
Year during the term an amour.t equal to all of the Added Tax
Increment allocated and paid -to the Agency for the applicable
Fiscal Year pursuant to subdivision (b) of Section 33670 which
are attributable to increases in the rate of tax imposed for
the benefit of -the Department, which levy occurs after the tax
year in which the Ordinance becomes effective. Such amounts
shall be limited to Added Tax Increment which would have been
allocated -to the Department after an election pursuant to
Health and Safety Code Section 33676(a)(1), to the extent the
then applicable law requires such allocation to an affected
-taxing agency which has made the election under Section
33676(b). The Department has not elected to receive payments
pursuant -to Section 33676(a)(1) of the Health and Safety. Code
and payments made pursuant to this Section 2 (a) shall be in
lieu of payments pursuant to said Section 33676(a)(1). In the
event any revenues are received by the Department pursuant to
Section 33676(a)(1) of the Health and Safety Code, the amounts
payable to the Department by the Agency pursuant to this
Agreement shall be reduced by an amount equal to sums received
pursuant to Section 33676(a)(1), with the reduction to be made
at the earliiest feasible time as determined by the Agency.
(b) In addition to the foregoing, for each Fiscal Year
during the Term in which the Agency receives an allocation and
payment of Property Tax Increment pursuant to Health and Safety
Code Section 33670(b), the Agency further agrees to pay to the
Department each Fiscal Yeal an amount equal to all of the Added
Tax Increment allocated to and paid to the Agency for the
applicable Fiscal Year pursuant to subdivision (b) of Section
33670 which are attributable to increases in the assessed
S/31/89
478In/2460/034
MCC
valuation of the taxable property located in the Project Area
above the valuation shown on the 1982-19a3 assessment roll
pursuant to subdivision (a) of Section 33670, which are, or
otherwise would be, calculated annually pursuant to subdivision
(f) of Section 110.1 of the RevenuoZ and Taxation Code (which
increases shall not exceed an annual rate of two (2%) percent
of the full cash value of taxable property as defined in
California Constitution Article XIIIA, Section 2). Such
amounts shall be limited to Added -Tax Increment which would
have been allocated to the Department after an election
pursuant to Health and Safety Code Section 33676(a)(2), to the
extent the then applicable law requires such allocation to an
affected taxing agency which has made the election under
Section 33676(b). The Depart-mant has not elected to receive
payments pursuant to Section 33676(a)(2) of the Fealth and
Safety Code and payments made pursuant to this Section 2(b)
shall be in lieu of payments pursuant to said Section
33676(a)(2).
(c) The Department and the Agency agree that the base
assessed valuation used in computing the payments made by the
Agency to the Department pursuant to this Section 2 shall be
established by the assessment roll for the 1982-83 Fiscal Year.
(d) Payments pursuant to this Section 2 are subject to the
conditions and limitations set forth in parts (a) through (h)
of Section 4 of this Agreement.
section 3
It is agreed and acknowledged by the Department that the
Agency may issue bonds and assure obligations to the fullest
extent permitted by law, and that the Agency may pledge all or
any portion of the Added Tax Increment to the repayment of any
such obligations; -provided that the inclusion within such a
pledge of Added Tax Increment attributable to the general
purpose tax levy of the Department shall be allowable as a
first and senior pledge only (i) with the consent of the
Department or (ii) upon the payment by the Agency to the
Department (or the commitment by a trustee in connection with
the issuance of bonds to cause to be annually paid) from the
proceeds of such issue or other revenues available to the
Agency such revenues as would be payable to the Department in
any year in which pledged revenues would be payable to the
Department pursuant to this Agreement. The Department agrees
that it shall promptly approve and execute such documents as
are necessary or convenient to implement this Section 3 and
facilitate the issuance of bonds (or other indebtedness) by the
Agency, so long as such documents are consistent with this
Section' 3.
5/31/89
4781n/2460/034 -4-'
Ser,tion 4
Payment to the Department is subject to the following
conditions ar.d limitations:
(a) Agency's obligation under this Agreement is deemed to
constitute "an indebtedness" within the meaning of Health and
Safety Code Sections 33670 and 33675.
(b) Agency shall pay to the Department, the District, and
FBP amounts due pursuant to this Agreen.e:t during each Fiscal
Year within a reasonable period after Agency receives the Added
Tax Increment allotment from tle County Auditor -Controller
provided that paNnnents in relation to allotments received
between July 1 and December 31, of any Fiscal Year shall be
made no later than the following February 28; and that payments
in relation to allotments received between January 1 and June
30, of any Fiscal Year shall by made-ro later than the
following August 30.
(c) The Agency's obligation to cake payments hereunder
shall be limited to Added Tax Increment from the Project Area
received by the Agency. In no way shall the Agency be liable
for such obligations from revenues of other redevelopment
project areas in the City or from Existing Increment Flow or
from any other revenues. The City shall have no financial
obligation or any other obligations by virtue of this
Agreement, and shall not be responsible for the discharge of
obligations of the Agency herein.
(d) No payment shall be made by the Agency in any Fiscal
Year pursuant to this Agreement if such payment would impair
any contract, obligation to service bonded indebtedness or the
refinancing of such existing indebtedness or any other existing
obligation entered into by the Agency prior to the execution of
this Agreement.
(e) The Agency's obligation to make payments hereunder
shall be junior and subordinate to the Agency's obligation
under Health and •Safety Code Section 33334.2.
(f) Notwithstanding any other provisions of this Agreement
to the contrary, the Agency's obligation to make payments to
the Department under this Agreement in any single year shall
not: ,(i) exceed the amount of Added Tax Increment which would
have been received by the Department if all the Added Tax
Increment from the Project Area had been allocated to all the
affected taxing agencies without regard to the division of
taxes required by Health and Safety Code Section 33670; (ii)
violate 'the expenditure limitation under Article XIIIB of the
California Constitution of such entity; or (iii) be contrary to
any provision of the laws of the State of California.
5/31/89
4781n/2460/034 -5-
(g) No payments shall be made by the Agency from the Added
Tax Increment to the Department except as expressly set forth
in Section 2 of this Agreement.
(h) The Department shall indemnify, defend and hold
harmless the Agency from any claims, liabilities and causes of
action asserted by any third party against the Agency by reason
of the Agency's payment of funds in the manner described in
Section 2 of this Agreement.
SQction-5
The Department agrees and covenants that it shall not file
or participate in opposition to the Agency in any lawsuit
attacking or otherwise questioning the validity of Amendment
No. One, the adoption or approval of such Amendment No. One,
any statement of indebtedness consistent with this Agreement,
or any of the findings or determinations made by Agency or City
Council of the City in connection with such Amendment No. One.
#
Sect i gn 6
This Agreement constitutes the entire agreement between the
Agency and the Department 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.
Stctign 7
This Agreement Shall become effective the date last
executed below and shall continue in effect until Agency is
deactivated pursuant to Section 33141 of the California Pealth
and Safety Code or its successors; provided that this Agreement
shall terminate automatically and be of no further force or
effect in the event that Amendment No. One is not adopted on or
before December 31, 1989, or in the event the adoption of
Amendment No. One should be set aside or annulled as the result
of litigation.
IN WITNESS WHEREOF, the parties hereto have
executed this Pgreement on the day and year first above written.
Dated: •� d
GRANGE COUNTY DEPAP14 14T
OF EDUCATION 4
By
5/31/89
4781n/2460/034
-6-
ATTEST:
Approved as to form:
Dated:
HUINTINGTO121 BEACH RED-VELOPN.ENT AGENCY
By:
Chairman _
ATTEST:
By.
Rgency Clerk Executive Director
Approved as to Form:
� -0 - -- -
;kg ncy Legal ounsel C,`�
(Ggnl ryl C uns 1)
Agency Special Coungel
5/31189
4781n12450l03z. -7-
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AGREEMENT BY CND BETWEEN
THE HUNTINGTON BEACH HIGH SCHOOL DISTRICT
AND THE HUNTINGTON BEACH REDEVELOPMENT AGENCY
PERTAINING TO AMENDMENT NO. ONE TO
ri THE OAKV1EW REDEVELOPMENT PLAN
This Agreement is made and enterer? into this 11 "Aday
Of `y 1989 by and between the Eunti:�cton Beach +
_c. School Distaic.. (1 ereafte« referred to as the "District")
and the Huntington Beach Redevelopment Agency (hereinafter
referred to as the "Agency").
RECITALS
wHEREhS, the Agency is a redevelopment acencv existing
pursuant to the provisions of the Cc= unity iedevelcp^ent Law
(California health and Safety Code Section 33000, et sec.)
which has been authorized to transact business and exercise the
powe}s of a redevelopment agency pursuant to action of the City
Council of the City of Huntington Beach (the "City Ccuncil");
and
VHEREAS, in November 1982, the City Council adopted
Ordinance No. 2582 approving a Redevelopmen;. Plan (the "Plan")
Kr the Oakview Redevelopment Project (the "Project"); and
VrAEEREAS, the Agency has fo:mulated Amendment No. One to the
Oakview Redevelopment Project ("Fmendment No. One").
W*K-MEAS, Amendment No. One, contains provisions to increase
the limitation for the distribution and allocation of property
tax ,revenues derived from property located within the Oakview
Redevelopment Project Area (the "Project Area") to the Agency
pursuant to California Health and Safety Code Section 336;0(b)
(hereafter referred to as "Added Tax Increiment"); and
WHIEREAS, the Project Area is located within the District's
boundaries and is served by the District, and
WHEREAS, meetings have been held by representatives of the
District and representatives of the Agency to discuss the
fiscal impact of the Pmencment No. One on the District; and
WHEREAS, pursuant to California Health and Safety Code
Section 33401, the Agency is authorized to compensate affected
taxing entities, including the District, for any amounts of
money which the Agency determines are appropriate to alleviate
any financial burden or detriment caused to the District by the
implementation of Amendment No. One; and
V
WHEREAS, Section 33445 of the Health and Safety Code
provides authorization for the Agency, with the consent of the
City Council, to pay all or part of the value of the land and
the cost of the installation and construction of certain
buildings, facilities, structures, or other improvements owned
or to be owned by the District (hereinafter the "District
Facilities"), whether within or without the Project Area but
within the territorial jurisdiction of the Agency, upon
determination by the City Council and the Agency that such
buildings, facilities, structures, or other improvements are of
benefit to the Project Area or the immediate neighborhood in -
which the Project Area is locate: and that no.other reasonable
means of financing such buildings, facilities, structures, or
other improvements are available to the community (the
"community" being defined in the Community Redevelopment Law as
the City of Huntington Beach).
WEEREAS, the purpose of this Agreement is to provide for
the appropriate payments to be made by the Agency to the
District in order to: (1) alleviate all significant financial
burden or detriment caused to the District by the tax
allocation provisions of Amendment No. One; and (2) assist the
District by paying for all or part of the cost of certain
District Facilities which are of benefit to the Project Area or
the immediate neighborhood in which zhe Project Area is located
and for which no other reasonable means of financing is
available to the community.
WHEREAS, for the above reasons, and to amicably resolve any
differences regarding Amendment No. one, 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. Definitions
The words and terms in this Agreement, unless a different
meaning clearly appears from the context, shall have the
meanings set forth as follows:
(a) "Added Tax Increment" shall mean property tax revenues
in excess of Three Hundred Fifty Thousand Dollars ($350,000)
per fiscal year attributable to increases in the assessed
valuation of property located within the Project Area above the
valuation shown on the 1982-1983 assessment roll, which tax
revenues are allocated and paid to the Agency pursuant to
California Health ano Safed Code Section 33670(b) in
accordance with Amendment No. One .
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W "agency" shall mean the Huntington Beach Redevelopment
Agency.
(c) "City" shall mean the City of Huntington Beach, a
municipal corporation.
(d) "Conmunity Redevelopment Law" shall mean Part 1 of
Division 24 of the Health & Safety Code (col-Mmencing with
Section 33000).
(e) "District" shall mean the Huntington Beach High: School
District, and its Successors.
M "District Share" shall mean that portion of the Added
Tax Increment allocated to and received by the Agency pursuant
to Health and Safety Code Section 33670(b) resulting from the
general purpose tax levy of the District,
(g) "Existing Increment Flow" shall mean the full amount
of Property Tax Increment allocated and paid to the Agency in
accordance with the'Plan, exclusive of any an all Added Tax
Increment so allocated in acccrdance with Amendment No. One.
(h) "Fiscal Year" shall mean the period from July 1 to and
including the following June 30.
(i) "Ordinance" shall mean Ordinance No. ooa- (the
ordinance approving Amendment No. One).
(j) "Project Area" shall mean that area so designated in
Amendment No. One as approved by the Ordinance.
M "Property Tax Increment" shall mean the full amount of
tax revenues attributable to increases in assessed valuation
above the valuation shown on the 1982-1983 assessment roll,
which tax revenues are allocated and paid to the Agency
pursuant to California Health and Safety Code Section 33670(b)
from the Project Area.
(1) "Term'i shall mean the period of time Amendment No. One
remains in effect.
Section 2. Payment by Agency to District
r, j (a) Subject to the provisions of Section 3 of this
Agreement, for each Fiscal Year during the Term in which the
r` ^: Agency receives an allocation and payment of Property Tax
Increment, the Agency shall deposit into a special fund of the
\�}-",;' Agency pursuant to subdivision (c) of this Section 2, fifteen
i, percent (15%) of the District Share. The District and the
Agencyigree*that the base assessed valuation used in ccmputing
such payments shall be established by the assessment ro=: for
the 1982-83 Fiscal -Year.
� MAW
474302460/034 -3-
(b) In addition to the foregoing, for each Fiscal Year
daring the Ter:, the Agency agrees to deposit into a special
fund of the Agency pursuant to subdivision (c) of this
Section 2 an amount equal to all o: the Added Tax'Increment.
allocated and paid to the Agency for the applicable Fiscal Year
pursuant to subdivision (b)o; Section 33670 which are
attributable to: 1) i.r uses in the rate of tax imposed for
the benefit of the District which ?e:z occurs after the tax
year in which the Ordinance becomes Effective, and 2) increases
in the assessed valuation of the taxable property located in
the Project Area above the valuation shown on the 1982-1983
assessment roll pursuant to subdivision (a) o_` Section 336M,
which are, or otherwise would be, calculated annualiv pursuant
t-o subdivision (f) of Section 110.1 of the revenue and Taxation
r"Code. Such amounts shall be limited to Added Tax Increment
which would have been allocated to the District after adopting
a resolution in accordance with Health and 'Safety Code Section
1L33676(b) electing to receive payments pursuant to Sections
-;!ft676(a)(1) and 33676(a)(2), to the extent the then applicable
law requires such allocation to an affected taxing agency which
has made the election under Section 33676(b). The District has
not elected to receive payments pursuant to Sections
33676(a)(1) or 33676(a)(2) of the Health and Safety Code and
payments made pursuant to this Section 2(b) shall be in lieu of
payments pursuant to said Sections 33676(a)(1) and
33676(a)(2). In the event any revenues are received by the
District pursuant to Sections 33676(a)(1) or 33676(a)(2), the
amounts to be deposited by the Agency on behalf of the District
pursuant to this Agreement shall be reduced by an amount equal
to sums received pursuant to Section 33676(a)(1) and
33676(a)(2), with the reduction to be made at the earliest
feasible time as determined by the Agency.
(c) Subject to Section 3 below, payments to be deposited
by the Agency on behalf of the District pursuant. to this
Agreement shall be placed in a special fund of the Agency to be
utilized solely for the purposes permitted under Section 4.
The District covenants that it shall expend revenues received
by the District pursuant to this Agreement only within the
corporate limits of the City and only in strict conformity -with
this Agreement.
(d) The Agency agrees that it will indemnify and hold the
District harmless from any and all loss of District taxes
caused by implementation of tax increment financing in the
Project Area should the State of California fail to provide
compensating sums pursuant to Education Code Section 42238 or
other similar or successor provisions of law.
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U
Section 3. Alternate Pa ,.ent Procedure
As an alternative to the payment procedure set forth in
Section 2, the District may elect to have all payments that are
to be deposited by the Agency made in one of t:.e following
manners:
a. to a nonprofit corporation to be fortmed by the
District; or
b. directly to the contractors and suppliers of t.-e
District who are constructing capital improve -tents on District
Facilities as described in Section 4. Should the District
elect to have the payments received as described in this
Section 3(b), the Agency shall deposit the funds into a
separate interest -bearing account on behalf of the District
(with interest accruing to said account), and the Acency stall
be entitled to withdraw from said fund all costs (iAncluding
personnel and administrative costs) in administering said
fund. The Agency undertakes no responsibility or duty with
respect to the selection of interest -bearing accounts or from
the maximizing of interest. The Agency agrees to coopeirate
with the District in selecting the interest -bearing account.
Payments pursuant to Sections 2 and 3 are subject to the
conditions and limitations set forth in parts (a) through (h)
of Section 6 of this Agreement.
Section 4. District Expenditure of Revenues
All funds paid by the Agency pursuant to Section 2 cr 3 o:
this Agreement shall be expended on capital improvement
projects selected by the District but which shall be situated
within the City. Reasonable priority will be given to
facilities of direct benefit to the community, such as library
and recreational facilities. Upon written recuest by the
Agency as may be made so ofter. as the Agency shall deem
app-ropriate, the District shall promptly prcv4de without
charge a written statement accounting for the expenditure of
funds, together with any reports to state agencies pertaining,
to such expenditures or the subject improvements.
Section 5. Agency Bonds
It is agreed and acknowledged by the District that the
Agency may issue bonds and assume obligations to the fullest
extent permitted by law, and that the Agency may pledge all or
any portion of the Added Tax Increment to the repayment of any
such obligations; provided that the inclusion of such a pledge
of Added Tax Increment attributable to the ger_eral purpose tar.
06/04/89
4743n/2460/034 -5-
V
levy of the District shall be allowable as a first and senior
pledge only (i) with the consent of the District or (ii) upon
the payment by the Agency to the District (or the co=itmnent by
a trustee in connection with the issuance of bonds to cause to
be annually paid) from the proceeds of such issue or other
revenues available to the Agency such revenues as would e
payable to the District in any year in which pledged revenues
would be r<avable to th.e District Pursuant to this Agreement
the District agrees than it shall promptly approve and execute
such doctmien.ts as are necessary or convenient to impleme.t this
section 5 and facilitate the issuance of bonds (or other
indebtedness) by the agency, so long as suc:: doc;..;,erts arc
consiste: z with& this Section 5.
Section 6. Conditions
ayrmert to be deposited by the Agency or. behalf of the
District are subject to the following conditions and
limitations:
(a)' Agency's obligation under this Agreement to deposit
payments on behalf of the District is deemed to constitute "a:
indebtedness" within the meaning of Health and Safety Ccde
Sections 33670 and 33675.
(b) Agency shall deposit on behalf of the District amounts
due pursuant to this Agreement Curing each Fiscal Year within a
reasonable period after the Agency receives the Added Tax
Increment allotment from the County Auditor -Controller provided
that payments in relation to allotments received between duly I
and December 31, of any Fiscal Year shall be made no later than
the following 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 Added Tax Increment from the Project area
received by the Agency. In no way shall the Agency be liable
for such obligations from revenues of other redevelopment
project areas in the City cr from Existing Increment Flow or
from any other revenues. The City shall have no financial.
obligation or any other oblicaticns by virtue of this
Fcreement. and shall not be responsible for the discharge of
obligations of the Agency herein.
(d) No payment shall be made by the Agency in any Fiscal
Year pursuant to this Agreement if such payment would impair
any contract, obligation to service bonded indebtedness or the
refinancing of such existing indebtedness or any other existing
obligation entered into by the Agency prior to the execution of
this Agreement.
06/04/89
4743n/24 60/034 -6-
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(e) The Agency's obligation to make payments hereunder
shall be junior and subordinate to the Agency's obligation
under Health and Safety Code Section 33334.2.
(f) Notwithstanding any other provisions of this Agreement
to the contrary, the Agency's obligation to make payments to
the District under this Agreemment in any single year shall
not: ( i ) exceed the amount of Added Tax increment which
have been received by the District if all the added Tax
rt n r t}� r I} A be i, ,
Increment from e P oje,.,. Area had A.Ce:Z a_14LFted to all tl:e
affected taxing agencies withcut regard to the division of
taxes required by Health and Safety Code Section 33670: tii}
7 it tnd r +1r-iC T T T t
`•i�late the E:ipend�t�._e limitation �...�e_ n_,,_4_E Xlii� G� �riE
w f tt,.F
C21+ror..ia Constitution C .�',.....• entity; oa ( _ice ) be co.^.t_cry, to
any provision of the laws of the State of California.
(c) No payments shall be made by the Acency from the Added
Tax increment to the District Except as exn:essiv set forth ir_
Sectic ns 2 and 3 of this Agree.,.ent. The District certifies
that it has not at any time requested and does not now request
the'receipt of revenues pursuant to Health and Safety Code
Section 33676(a)(2) in connection with the Project, including,
without limitation, A.a^nendmezt No. One the_ et o .
(h) The District shall indesnify, defend and hold harmless
the Agency from any claims, liabilities and causes of action
asserted by any third party against the Age:.cy by reason of the
Agency's pa a.ent of funds in the manner described in Sections 2
and 3 of this Agreement.
Section 7. Covenant Not To Sue
The District agrees and covenants that it shall not file or
participate in opposition to the Agency in any lawsuit
attacking or otherwise questioning+ the validity of Amendment
No. One, the adoption or approval of such r:.End^:ent No. One,
any statement of indebtedness consistent with this Agreement,
or any of the findings or determinations made by Agency or City
Council of the City in connection with such r_►endsient No. One.
The District declares that it has conducted all such
investigation and study of matters pertaini:.; to the subject
matter of this Agreement as it has deemed appropriate, and that
it has been advised at all times by counsel of its choosing.
The District finds and determines that this Agreement fully
alleviates any financial burden and detrimentto the District
resulting from Amendment No. One and, except as provided
hereinbelow, forever waives its right to su^it a report to the
Agency, or to cause the Agency to hold a public hearing, or to
request or take other action to induce the Agency to consider
06/04/89
4743n/2460/034 --- -7-
amendments to the Project or Amendment No. One pursuant -to
Health and Safety Code Secticn 33445.5. The District agrees
and acknowledges that the provision of the continuing
effectiveness of such waiver is a material inducement to the
Agency to approve this Agreement, and that but for such waiver
the Agency would not approve and execute this Agreement.
Notwithstanding the foregoing, the Agency agrees to reopen
negotiations with the District concerning the financial burden
or detriment to the District caused by the imple.mentatzcn of
Amendment No. One if the a'ency constructs or contributes to
the cost of construction of acre than one hundred (100) new
dwelling units in the Project Area during the Term.
In the event and to the extent tax incre:^e.nts are net paid
to or are withheld from the regency by reason of the pendency of
any such cause of action. case, claim, count, action, or
complaint filed by any public or private person or entity, the
District agrees not to claim interest on any such withheld
funds. The Agency's responsibility for making any
reimbursement otherwise required by this Agreement shall accrue
and be paid to the District whey_ and if available at the
conclusion of litigation. The time for the Agency performance
hereunder shall be excused for the duration of such litigation.
Section 6. Entire Agreement
This Agreement constitutes the entire agreement between the
Agency and District with respect to the matters set forth
herein, and any changes, modifications or an, erdments thereto
shall be legally binding and effective only upon duly executed
written amendment hereto.
Section 9. Effective Date
This Agreement shall become effective the date last
executed below and shall continue in effect until Agency is
deactivated pursuant to Section 33141 of the California i-:ealth
and Safety Code or its successors: provided that this Agreement
shall terminGte automatically and be of no further force or
effect in the event that Amendment No. One is not adopted or. or
before December 31, 1989, or in the event the adoption of
kmendmeat No. One should be set aside or annulled as the result
of litigation.
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4743n/2460/034 -8-
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the day and year first above written.
Dated: ��g��°1 HUNTINGTON BEACH HIGH SCHOOL DISTRICT
By:
ATTEST:
Approved as to form:
�i7lei
Dated: 2.4Y4_r
HLRITINGT N BEACH DEVELMI ENT AGENCY
Chairman
ATTEST:
By:
Agency Clerk Executive Director
Agency Legal CouriselG 45ke
XenI Cou %e�
Special ounsel
Approved as to Farm:
Db/04/89
4743n/2460/034 -9-
M
AGREEMENT EETWEV THE CITY OF HUNTINGTON
BEACH AND THE REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH AND THE COUNTY OF ORANGE
REGARDING THE HUNTINGTON CENTER COMMEP.CiAL
DISTRICT REDEVELOPMENT PROJECT AREA
i
This A?reenent is made and entered into this 0061 day
: of 1J'_:�i _ ► 1987 by and between. the COUNTY CF CRANGE;
,the CITY Or HUNTINGTON BEACH a municipal corporation of the
`State of California, (hereina_ter referred to as "City."); and
i the PEDEti ELOPMENT AGENCY OF Trig, CI':Y Cf HUNTINGTON BEACH
• (hereinafter referred to a_ "Agency");
P. E C I T AL S
wHEPEAS, Agency is. a Redevelopment Agency existing pursuant
to t e provisions of the Community Tedevelopment Law' (California
Health and Safety Code Seccion 33000 et. sec.1 which has-been
4
i
au to: Qed to transact business and exercise the powers of a
� RedeLe,.o �...:
F e Agency persuant to action of the City Council of
the City g cf Huntington Beacb; and
PQrsuant to Section 33327 of the California Fe8_th and
Safety Code, Agency notified the County .arcing Entities On or
aboat August 14, 196c, of its intention to prepare a
i
redevelopment plan entitled "Huntington Center CemmerCial
District" (hereinafter referred to as "Plan") for the Project
Area described in Exhibit "A" (hereinafter referred to as
"Project Area"); and
The Plan contains provisions for the distribution and
allocation of prcperty tax revenues derived from Property
r
i
WA
.cated within the Project Area to the A;e:cy pursuant to
i
.; crn a Health and Safety Code Section 33670(b) (hereinafter
ferred tc as "Tax increment"); and
Meetings have been held by representatives of the County of
i
-ante and representatives of the Agency tc discuss the fiscal
:caci cf the Project or. County Tax''-nc wtit_es; ant
I
The City Council anthe
r d Agency held a joint public hearing
I
Ncver:ber 19, 1964, for the purpose of considering the
:preya! and adopticn of the PYan; and
;he City adopted Ordinance No. 27:3 or. Notemier 26, 1984,
?proving and adnt`_nc the Plan including the use of tax
:truant financing; and
Arsuant to California Health and Safety Code Section 33441,
n cency may pay to County Taxing Entities as a taxing agency
it^ terzitcry 1ccated in Project Area, an amount of money
.._..n ir. cne Agency's determination., is appropriate to
??eviace any financing burden or detriment cassid to Ccunty
axing Entities by the Project; and
Tp a parties agree that the allocation of a'1 the tax
ncrepent revenue to the Agency as a result of the
nleyentation cf the Plan: as proposed would cause a financial
r
urder, ani detriment to the County A Crange, and whereas, it is
or t.vs reason, and to amicably reso've and diKerer.ces
egarling the legality of the Plan, that the parties hereto
inter into this Agreement.
NOW, Ti EREFORt, in consideration of the covenants and
:oudOtions cont€ined herein, the parties hereto agree ae follows:
-2-
1. PAYMENT TO THE COUNTY:
(a) Subject to the provisions of part ( ) of this
Section 1, in each year, commencir._ with fiscal dear 2000-01,
that taxes are allocated to and received by the Agency pursuant
to Section 33e70(b) of the California Health and Safety Code or
its successors, from the Project Area descrited in Exhibit A,
the ?.Sency will pay (net of and after deducting twenty percent
(2C%l of tax increment funds set aside pursuant to Section
33334.2 of the California Health and Safety Code: (i) tc the.
County of Orange General Fund nine (9) percent of the amount sc
allocated to and received by the Agency; and, unless and until
those flood control improvements described in Exhibit "E" hereto
(ti►nich is incor:oraced herein by reference) are substantially
completed (ii) twc and one-half percent (2.5%) of the amount so
allocated and receive.: by the Agency to the County of orange
leod Control District.
(b) During and for the initial sixteen (1E) yeas i.
which tax increment is allocated and received by the Agency ne
moneys shall ce payable by the Agency to the County pursuant to
' this Agreement.
2. CONDITION OF PAYMENT:
Payments tc the County of Orange as set forth in
Section 1 above, are saVect tc the fcllowing conditions and
limitations:
(a) Agency's obligatioa unde: this Agreement is deemed
to constitute "an indebtedness" within the meaning of Health and
Safety Ccde Sections 33E70 and 33675.
i
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w
(b) Following completion of the sixteen -year initial
period pursuant to Fart (b) of Section 1 of this Agreement, the
;cency snail Fay to the County of Grapge from Tax _ncrexent, net
of funds deposited into the Agency's Low- and Moderate -Income
Housing Fund, amounts due pursuant to this Agreement dur inn each
fiscal year within a reasonable period after Agency receives the
tax increment allotment from the Ccunty Auditor-Wntrcl_er
provide: that payments in relation to allotments received
between uuly 1 and December 311of any fiscal year, shall be made
no later than the following February 26; and that payments in
relation to allotments received oetween January 1 and June 30 of
any fiscal year, shall be .made no late: than the fo_lowir,c
Augnst 30.
(c) It is understood that ce,Lain amounts of the taxes
allocated to the Agency pursuant to Section 33610 of the
California Hea3th and Safety Code must be set Aside bl' Agency !n
special Binds to service bonder: indebtedness and meet the
Agency's obligation under Health and Safety Code Section
33334.2. The Agency's obligation to make the above -referenced
payments to the County of orange shall be subordinated to the
ASercy's obligation under Health and Safety Code Section, 33334.2
and to bonded indebtedness heretofore or Hereafter incurred by
the Agency in the cou.se oi' the implementation of the
Redevelopment Plan. If, during any fiscal year, we Agency is
unable to pay the full amount due and owing to the county Taxing
Sntities pursuant to this Agreement for the applicable year
(which shall be the immediately preceedirg year_, commencing with
the sixteenth year), such deficit shall be paid by the Agency
-4-
A
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pursuant to this section in the following fiscal year. The
parties agree that said deferral is necessary to accomplish the
purposes of the Redevelopment Project at an earlier time that
would otherwise be the case in that such deferral would allow
for issuance of bends with a higher principal amount.
(d) The A,ercy's cb_i;at=or to make payments hereunder
shall be limited to Tax Increment frcm the Project Area received
by :.he Fgency. The City shall cave no financial obligation by
virtue of this Agreement, and trail not be responsible for the
discharge of obligations of the Agency herein.
3. OPPOSITION TO REDEVELOPMENT PLAN:
The County of Orange ac_ees that it will not file or
participate in opposition to the Agency in any lawsuit attacking
or otherwise questioning the validity of the atove Redevelopment
Plan, or the adoption or approval of such Plan, or any of the
findings, determinations or filings previously made by Agency �r
City Council o: the City is connection with such Plan or its
implementation.
4. ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between
the Agency and the County of Orange With respect to the ratters
set forth herein, and any changes, modifications or amendmentu
thereto shall be legally binding and effective only upon duly
executed written amendment hereto.
5. EFFECTIVE DATE:
This Agreement shall become effective the date last
executed below and shall continue in effect until Agency is.
0
-5-
r
deactivated pursuant to Section 33141 of the CalifRinia Health
i
and Safety Code or its successor.
IN WITNESS WHEREOF, the parcies hereto have executed
this Agreement on the date first written above.
1
COUNTY OF ORANGE
By:
By:
i
` A_TES
h. ,
i City/Agency Clerk
i
APPROVE AS TO FORM:
r,
-r
City Attorney of the City of
j Huntington Beach & Agency
i Counsel •' N N
I.' TIAT D AND APPPPVED.
De y City Kinistrator/
i Re4 elopfient
CITY OF HUNT:NG ON
BEACH/UDEVELOPKEN7 AUNCY
Q£ T' ^ CITY OF FUNTINGZO..
$ NCH
By.
Mayo / C
APPROVE AS TO FORS::
Special Agency Coansei lomf
REVI£W-D AND APPROVED:
ave
City-Admini.trator/Chidt
Executive Officer ej,��,cY%
-6-
a
t
PA -
I
PUBLIC r ' 4F
.QUA 'SL1C;
t
TITLn
•1 rwwVeen r-" •I
r
f w
.ti ��• "EXHIBIT A"
'pip
1
MIXED .
DEVELOPMENT
1
r•
'K NTMGTON ..ENTER s
GENERAL COMMERCIAL
' � � a. I S a - � •
1 .
V NaR AVE. _
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fit G l
MMMwNMw��+MMw� •NtrwwMs
HUNTiNGTON CENTER COMM5RC.
DISTRICT REDEVELOPMENT PROJE-
�w a H A R
HM G ON E*C G�ORNIN
PL WNG DIVIS*N
FIGURE
• I -22- GENERAL PLAN LAND U'
l �.
i
-77
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ORANGE COUNTY
ENVlR0NMrNTAL MANAGEMENT AGEN01
2
!LOCATION MAP
EAST GARDEN CROVE—WINTERSSURG CHAP
C05
"EXHIBIT B" .
SCALE: let 4000` �m—.,,-y�197rz
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REDc"VELOPM AGENCY OF THE CITY OF T' ' ONGTON BEACHAN. D T Hi
ANGE COUNTY SL'PERM'TENI..,�i'�OFF SCHOOLS
REGARDING THE HUlti CENTER COMMERCIAL
EINGTO:�
DISTRICT i.EDEV LOPMENT PROJECT AREA
i
211
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�dar
This Agreement is trade and entered into this / ` of
1�X by ,and between the Or,,ANC£ COUNTY
SUPERINTENDENT OF SCHOOLS; THE' CITY OF HUNTINGTON BEACH, a
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nttricipai corporation of the State of California (hereinafter referred to a;
f' I
"City"); and the REDEVELOPIdENT AGENCY OF THE CITY OF HG\'IiNGTOti
7.
BEACH Chereit►after referred to as "Agency");
cif
RECITALS
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WHEREAS. Agency is a Redevelopment Agency existing pursuant to �
the provisions of the Community Redevelopm exit Law (Caiifo: ni = Kealt1; a..d
safety Code Section 33000 et. Seq.) which has been authorized to tra^.,sct
9
business and E.•erCiSE the powers of n Redevelop rlent Agency
�f
t:
action e: ounc tr;e City Cil of th:' City of Huinrton Beach; and
I
1
•
WFEREAS, pureu:irt to SeCtlen 333.7 of the Callfnrri:: Hci :.th u::d
a �
�
i i
Safety Codc . Agency notified the County 'faxing Entitle; o:: or about
Augt st 14, 1584, of its intention. to prepare a redevelopment plan - entitled :
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k
1 i
"Huntington "Plan")
i;
Center Commercial District" (hereinafter referred to ;c�
k
?S1.
for the Yroiec! Area described in Exhibit "A" (hereinafter r4forred to as I
�I
No. .
"Project Area`): and
! `
WHEREAS, the Plan contains provisions for the distribution and
allocation of property tax revenues derived from property located withir the
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t
.2
Project Area to the Agency pursuant to California He-a:ttt and 5afetl- Code
23i
Section 33570(b) (hereinafter referred to as "Tax Increment"); and
I
2 `
WHEREAS, meetings have been held by representatives of the
?of
Orange County Superintendent of Schools and representatives of the Agency
2611!
to discuss the fiscal impact of the Project on County Taxing Entities: and
27!
WHEREAS, the City Counc±I and the Agency held a joint public
28�
� i
in n yo�ember 19, 1984 for the purpose of considering 'the approval
hearing a
.
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:
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wy a
♦ age 2
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and adoption of the Plan; and
2
WHEREAS, the City adopted Ordinance No. 2743 on November 26.
3 1
1984 approving and adopting the Plan including the use of tux increment
4
financing; and
5!`
WHEREAS, pursuant to California Health rind Safety Code Sectior.
611
33401. the Agency may pay to County Taxing Entities as a taxing agency with
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f
territory locsted in Project area, an ariount of mcney which, in the Agency's �
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deter„ziriatio :, is appropriate to alleviate any financing border, or detriment
caused to County Taxing Er.:ities by the Project; and
WHEREAS: the parties ag:•ee that the allocation of all the .ax
increment revenue to the agency a; a result of the implerrcntation of the ?,.an
12!1
as proposed would cause a financial burden and detriment to the Orange
r
13
Count Superintendent of Schools, and whereas, it is forthis •reason. aT.d to
;+
14
am. :csolc resolve arty differences regarding the 1;grfihty of V:c Plan. tt: the 1
15j!
parties hereto eater into this Agreement.
-OS'�. THEREFORE. in corisiderAtion of the foregoing and the �
i 17 ;�
mutual covenants and conditions herein.. the parties hereto agree cis follows:
1 S
Section 1.
is
19
(a) For the first five (5) fiscal years during which the
?0;1
Agency receives tax increment, no increment tax dollars ($0) will be paid to
the Orange County Superintendent of Schools.
221!
W In each year, commencing with fiscal yea: IM-91. that
r
23,1
taxes are allocated to and received by the Agency puurs-aa:rt to Secticn 33670
24;
of the California Health and Safety Code or its successors, from the Project
251
Area described in Exhibit A. the agency will pay to Urange Count3
f
26 i
Superintendent of Schools 0.30 7 5 percent of the incremental tax amount sr
27i
allocated to and received by the Agency (representing Ito (one-fourth) of thi
!
231
1.23 percent of property tax revenues allocated to the Orange County Super
i
Page 3
irtendent of Schools or. the base year (1984) value by the County AUditer-
�r.
E 2 }
Controller) .
,j )?
Section 2.
�
4 i
Payments to the Orange .County Superintendent of Schools'. as
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set forth in Section 1 above, are subject to the following Conditions And
6,';
limitations:
a
, Y r
(a) Agency's obligation under this Agreement is deemed to
.i
+!;
Constitute "an Indebtedness" within the meaning of Health Lnd Safety Code
Sections 33570 and 336;5.
(b) Agency shah pay to the Orange County Superintend► it
] 1 ',
of S: hools amounts due pursuant to this Agreement during each fiscal year
12;.
witrir a reasonable period after Agency receives the tax ircrem .ent allotment
fror.: the County Auditor -Controller provided thai psyr:zents ' in relation to
1 iallotments
receivcd betv:eer. July I and December 31 of anv :i.c•,+, � _s», skt1:1
1a
be nade ne later than the following February 26 ; and that payments it,
relation to allotments received between JaDuary 1 arid dune 30 of ,M}- fiscal
year, shall be made no later than the following August 30.
[
(c) It is understood that certain a..mounts o: the taxer
allocated to the Agency pursuant to Section 33670 of the California Health snc
Safety Code must be se; aside by Agency 1n special funds to service bondcc
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I;
21';
indebtedness and meet the Agency's obligation under Health and Safety Codi
22J
Section 33334.2. The Agency's obligation to make the above -referenced ray
A
23!s
gent: to the Orange County Superintendent of Schools 4ha;1 be subord;nate,
c
to the Agency's obligation under Health and Safety Code Section 33334.2 ar,
25,'t
to bonded indebtedness (including without limitation Certificates of Pa:'tic:
26;:
pation) deemed necessary or appropriate by the Agency for the furtheranc
+ 2711
of the Redevelopment Plan. If. during any fiscal year, the Agency is unat
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2Ri=
to a the full amount due and owing to the Orsn a Count Su erintendent
pay g g F F
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� ice:-E'►�-2:.� �:�3
Page 4
r._
I
Schools pursuant to this Agreement, such deficit shall be paid by the
Agency pursuant to this section in the following fiscal year. The parties
3 agree that said deferral is necessary to accomplish the purposes of the
4 Redevelopment Project at an earlier time that would otherwise be the case in
I
that such deferral would allow for issuance of bonds with a higher principal
s`
amount .
7 � (c:) T::e Agency's obligation to make payments hereunder shall be
�. limited to Tax Increment from the Project Area received by the Agency. The
City shall have no financing obligation w}• virtue to this Agreement, and shall
Tij
ill
12
not be responsible for the discharge of obligations of the Agency herein.
(c) Notwithstanding any other provision of this Agreement to the
contrary. the Agency's obligation to make payments to the Orange County
1 { Superintendent of Schools under this Agreement in any single -year shall ziot
14
emceed the amount of property tag; revenues which would have been received
1511 by the Orange County Superintendent of Schools 141 ail the property tat
i revenues from the Project Area had been allocated to all the affected taxzzg
16!1171! agencies without regard to the division of taxes required by Health and
is
19
20
Safety Code Section 33670. The limitations of this subsection shfdl not apply
to payments deferred pursuant to subsection 2.(c).
Section 3.
21 1 The Orange County Superintendent of Schools agrees that it
will not file or participate in opposition to the Agency in any lawsuit
221
231i attacking or otherwise questioning the validity of the above Redevelopment
241� Plan, or the adoption or approval of such Plan, or any of the findings,
251 determinations, or filings previously made by Agency or City Council of the
, City in connection with such Plan or its implementation.
2
27 I section 4.
28 This Agreement constitutes the entire agreement. between th(
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I
0
A
,A.gency
and
the Orange County
Superintende.':t
of ceiicols with
respect to the
2.' matters
set
forth herein:, and
any changes,
modifications
or anend:: eats
3 thereto shall be legally b1nding ind effectz-re only upon duly executed writte:l
4: anendment• hereto.
Section u.
f, This Agrermen t shall become efrer ti•: a Uhe date last execu,ed
below and sha:: continue lr. effect ;.until Agency Is deactiv3:ed pursa;iat tU
Section 33141 to the Co0forris Health and Safety Code or Its succa3s0:.
fl I" WITNESS WHEREOF. '.; '?;:; :::i .1.:~=t;i :.:1'Ia` ?.crc:illy+: "" :i •�:':: ^t !i
i()the date firs: written :above.
pI ORANGE COUNTY SUPF.RINTENnENT CITY OF HUNTINGTON bEACc:;
OF SCHOOLS REDEVELOPMENT AGENCY OF HE
f CITY OF �HUNTINGTON BEACH
�;^
:• ayar'Chalr:nar: -
t I•
Date: - _ Date• .
11.3 .ATTEST. AY 28 9
ALiCIA `;. rH, CITY/AG_-14CY CLERK
�rp�C t `� r • k
i y gen.y
er
20
nLf,ROVE AS
TO FOR:::
21 ' I
GA
'
gency
n e
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,i i ,
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1 :i
As3ista-It
City Attcr-a
F .. S .-.T• :• I j
APPROVE AS TO FORM;
p�ecia gency ounce
t
`�•I�i
I.NffIATED AND APPRQVED:
REVIEWED yD APPROVED:
007
2
epu y Glty Adnuus ratorr
City AdministratorChief Executive
o �;
Redevelopment
Officer , t
Of ,
-tiny-tor.
)g�