HomeMy WebLinkAboutOakview Tax Pass through Agreements - 1989-06-19Macy A. f fiWd .
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District Adm'-nistradon: 1370 Adams Avenue, Costa Melia, Calitomia 92626
CERTIFIED ?:AIL
August 21, 1989
Ms. Connie Brockway, CMC
City Clerk
City of Huntington Beach
2000 Hain Street
Fluntington Beach, CA 92648
Dear Ms. Brockway: '
Enclosed is the signed original agreement between the Coast
Community College District and the Huntington Beach Redevelopment
Agency pertaining to Amendment Ba. One to the Oakviev ;
Redevelopment Plan. This agreement was approved by our Board of
Trustees on August 16, 1989. }
4
As you did not include a copy fer the Coast Community College =
District, I am requesting that you return. by Certified Mail, a
certified copy for our files.
if further action is necessary, please do not hesitate to call me
at (714) 432-5547.
S�i]nc�erely,
_ �tM
C.M. rtttmbhatt
Director, Fiscal Affairs
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AGREEMENT BY AND BETWEEN
THE COAST COMMUNITY COLLEGE 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 16th day
of Amia_ , 1989 by and among the Coast Communit
College District (hereinafter referred to as the "District"),
the Huntington Beach Redevelopment Agency (hereinafter referred
to as the "Agency") and the City of Huntington Beach
(hereinafter referred to as the "City").
RECITALS
WHEREAS, the Agency is a redevelopment agency existing
pursuant to the provisions of the Community Redevelopment Law
(California Health and Safety Code Section 33000, et seq.)
which has been authorized to transact business and exercise the
powers of a redevelopment agency pursuant to action of the City
Council of the City of Huntington Beach (the "City Council
and
WFM"XJLS, in November 1982, the City Council adopted
Ordinance No. 2582 approving a Redevelopment Plan (the "Plan")
fer 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 and to extend the term for the distribution and
allocation of property tax revenues derived from property
located within the Oakview Redevelopment Project Area (t-he
"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
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. Cne; and
MMREAS, 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 a
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 irrnediate neighborhood in
which the Project Area is located 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).
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) assist the
District by paying for all or part of the cost of certain
District Facilities.
WHEREAS, 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 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 wcrds and terms in thin 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-
Ifiscal year including the Property Tax Increment set forth
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 2982-1983
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.
(d) "Community Redevelopment Law" shall mean Part 1 of
Division 24 of the Health & Safety Cade (commencing with
Section 33000).
(a) "District" shall mean the Coast Community College
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 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 and all Added Tax
Increment so allocated in accordance v:th 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. 3 oo, (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" shall mean the period of time knendment No. One
remains in effect.
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4866n/2460/034 -3-
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Section 2. Pay -went by Aaencv 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, fifty
percent (50%) of the District Share. The District and the
Agency agree that the base assessed valuation used in computing
such payments shall be established by tho assessment roll for
the 1282-83 Fiscal Year.
(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 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 allocated to and paid to the Agency for the
applicable Fiscal Year pursuant to subdivision (b) of Section
33670 which are attributable to: 1) increases in the rate of
tax imposed for the benefit of 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 valuation shown
on the 1982-1983 assessment roil 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
Revenue and Taxation Code. Such payments shall be made
pursuant to the District resolution adopted in accordance with
Section 33676(b) of the Health and Safety code electing to
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 on 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
hold 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 subject to
the conditions and limitations set forth in parts (a) through
(i) of Section 6 of this Agreement.
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4866n/2460/034 -4-
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Sectlan 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
to be deposited by the Agency made in one of the following
manners;
a. to a nonprofit corporation to be formed by the
District; or
b. directly to the contractors and suppliers of the
District who are constructing capital improvements 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
(w.,h 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
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.
Section 4. District_ Expenditure of Revenues
All funds paid by the Agency pursuant to Section 2 or 3 of
this Agreement shall be expended on capital improvement
projects selected by the District. Upon written request by the
Agency as may be made so often as the Agency shall deem
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 improvements.
Section 5. Agency Bonds
It is agreed and acknowledged by the District 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 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
Section 5 and facilitate the
indebtedness) by the Agency,
consistent with this Section
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4866n/2460/034
convenient to implement this
issuance of bonds (or other
so long as such documents are
5.
-5-
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 "3n
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 allotment from the County Auditor -Controller provided
that payments in relation to allotments received between July 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 or frc:n 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 Agency shall not be obligated 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 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 the Agency from the Added
Tax Increment to the District except as expressly set forth in
Sections 2 and 3 of this Agreement.
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4866n/2460/G34 -6-
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(g) 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.
(h) Failure by the Agency to deposit payments on behalf of
the District into a special fund of the Agency pursuant to the
terms of this Agreement shall constitute a default hereunder,
(i) Payments made after the times described in Section
6(b) shall bear interest at the maximum allowable rats
permitted by law from the date such payments are due and both
principal and interest thereon shall be deposited by Agency in
the special account of Agency..
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 A.endment
No. One, the adoption or approval of such Amendment No. One, or
any of the findings or determinations made by Agency or City
Council of the City in connection with the adoption of
Amendment 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 Amendment No. one. The District agrees
and acknowledges that the provision 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.
rn the event and to the extent tax increments 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, or otherwise Withheld, 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 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 Q. 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 aa:endments 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
Amene-ment 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.
Dated: 1A, 19,f9
ATTEST:
C. M. Brahmbhatt
Director, Fiscal Affairs
Approved as to form:
Dated:
6/9/89
4866n/2460/034
COAST COMM, COLLEGE DISTRICT
By: CZ: -
Vice Chance 7or, Business Affairs
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(714) 964-3339 FAX (714) 963.7684 DrAd Wwf*K MerrAW
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August 16, 1989
Mr. Wes Bannister, Chairman
Huntington Beach Redevelopment Agency
Huntington Beach City Hall '
2000 Main Street
Huntington Beach, CA 92648
Dear er:
I an returning the agreement which pertains to the 0akview Redevelopment Flan
between the distrfct and the Redevelopment Agency of the City of Huntington
Beath.
The Board of Trustees has asked that I share their appreciation for your
courtesy and cooperation in the matter of pass -through funds associated with
redevelopment.
All of us appreciate your willingness to work with our district and in so many
other areas.
Thanks again.
Very truly yours,
Lawrence Ker7per, Ed.D.
Superintendent
LEK:ct
Attachment
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August 14, 1989
Connie Brockway, CMC
City Clerk
City of Huntington Beach
2000 Fain Street
Huntington Beach, CA 92648
Dear Mz Brockway:
H
Enclosed, as requested, is the executed original agreement
between ocean View School District and the Huntington Beach
Redevelopment Agency pertaining to Amendment No. One to the
Oakview Redevelopment Plan. The agreement was Board approved at
the August 8, 1989 Board Meeting.
Please send a certified copy of the agreement for our records.
Sincerely, n
m� 'e'
71-2
James L. Jones, Jr.
Assistant Superintendent
Business Services
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Encl
c: Alan R. Burns
OCEAN VIE
SCHOOL DISTRICT
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ASSISTANT SUPERINTENDENTS
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AGREEMENT BY AND AMONG
THE COUNTY OF ORANGE,
THE ORANGE COUNTY FLOOD CONTROL DISTRICT,
AND THE HUNTINGTON BEACH REDEVELOPMENT AGENCY
PERTAINING TO AMENDMENT NO. ONE TO
THE OAKVIEW REDEVELOPMENT PLAN
Thi Agreement is made and entered into this &day
of , 1989 by and among the County of Orange; the
Orange Ctunty Flood Control District (hereafter collectively
referred to as "County Taxing Entities") 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 Law
(California Health and Safety Code Section 33000, gJ a=.)
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, do 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 Hoard of Supervisors serve on the governing
board; and
0 r
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 to alleviate any financial burden or detriment
caused to the County Taxing Entities by the implementation of
Amendment No. One; and
WHEREAS, the Partied 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 County Taxing Entities in
that there will be a net increase in the 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
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:
5ectloD_1
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 Re.developmant
Agency.
(c) "City" shall mean the City of Huntington Beach, a
municipal corporation.
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4361n/2460/034 -2-
(d) 'Community Redevelopment Law" shall mean Part 1 of
Division 24 of the Health & Safety Ccde (commencing with
Section 33000).
(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 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 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 mean that portion of the Added Tax
Increment allocated and received by the Agency pursuant to
Health and Safety Code Section 33670(b) resulting from the
general purpose tax levy of HBP. 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 HOP Share.
(m) 'Ordinance' shall mean Ordinance No. 3"i1- (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 increases in assessed valuation
above the valuation shown on the 1982-1983 assessment roil,
which tax revenues are allocated and paid to the 'gency
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4361n/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
The Agency agrees to pay the County Taxing Entities and HBP
each Fiscal Year within the Term an amount 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 tenefit of the County Taxing Entities and HBP
which levy occurs after the tax year in which the Ordinance
sdopting Amendment No. One becomes 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 Cade Section
33676(a)(1), to the extent the then applicable law requires
such allocation to an affected taxing agency-which•has wade the
election under Section 33676(b).
Section --a
The A.;ency 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
District continues to function.
Sectlon_4
(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 commencing
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
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In
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an amount equal to fifty percent (50t) of the County Share and
shall pay to HBP an amount equal to fifty percent (50%) of the
HBP Share.
(d) The County, the District, REP 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 1982-83 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 b
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 lair 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 (fi) 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 or
convenient to inplement 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.
Section 6
Payments to the County, the District and HBP are subject to
the following conditions and limitations:
(a) Agency*x 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-
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, and shall not be responsihle 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 County, HSP 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; (11)
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,
HSP, 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.
The County, H8P 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 appruval 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.
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 amendment hereto.
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 Cade or its successors; provided that thin 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 evert 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
Agreement on the day and year first above written.
Approved as to form: COUNTY OF ORANGE AND ORANGE
CO".JM FL D CONTROL DISTRICT
75er.,r4, By:
County Counsel Chairman, Board of Supervisors
Dated: 12-16-8Y
6/6/89
4361n/2460/034
Dated:_ dgw" f _
SIGNED AND CERTIFIED TIM A COPY
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD.
c.�bz
Linda D. Ruth
Clerk of the Board of Supervisors
County of Orange, California
,q- AUG a M
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AGENCY
Zrairman
� '•��.:?•y:: fit, /•�
Agency Clerk Executive Director
J•.` .:.�
Approved as to Form:
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Agency1 •,� •��•-1'
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Agency Special Couzfsel
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OK1 Q.�N A�
AGREEMENT BY AND BETWEEN
THE OCEAN VIEW ELEMENTARY SCHOOL DISTRICT
AND THE HUNTINGTON BEACH REDEVELOPMENT AGENCY
PERTAINING TO AMENDMENT NO. ONE TO
THE AAKVIEW REDEVELOPMENT PLAN
This Agreement is made and entered into this Sth day
of _A2st 1989 by and between the Ocean view
Elementary SrFool District (hereafter referred to as the
"District") and the Huntington Beach Redevelopment Agency
(hereinafter referred to as the "Agency").
RECITALS
%1MREAS, the Agency is a redevelopment agency existing
pursuant to the provisions of the Community Redevelopment Law
(California Health and Safety Code Section 33000, et seq.)
which has been authorized to transact business and exercise the
powers of a redevelopment agency pursuant to action of the City
Council of the City of Huntington Beach (the "City Council");
and
WHEREAS, in November 1982, the City Council adopted
Ordinance No2582 approving a Redevelopment plan (the "Plan")
for the Oakview Redevelopment Project (the "Project"); and
W71EREA.S, 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, the P=ojeLt. Area is located within the District's
boundaries and is served by the District, and
WHE1tEAS, meetings have been held by representatives of the
District rnd 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 Amendment 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 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 a
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 located 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).
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) 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 the 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, THEM'"EFORE, 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 1962-1983 assessment roll, whichh 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 .
6/04/a9
4682.n/2460/034 -2-
(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 of the Health & Safety Code (commencing with
Section 33000).
(e) "District" shall mean the Ocean View Elementary 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 from the
general purpose tax levy of the District.
(g) "Existing Increment Flog" 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.
(h) "Fiscal Year" shall mean the period from July I to and
including the following June 30.
(i) "Ordinance" shall mean Ordinance No, z4 (the
ordinanc6 approving Amendment No. One).
(j) "Project Area" shall mean that area so designated in
Amendment No. Ore 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 1982-1933 assessment roil.
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. payment by Agency 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
6/04/8?
4682n/2460/034 -3-
-y.
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.
(b) In addition to the foregoing, for each Fiscal Year
during the Terra, 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
allocated and paid to the Agency for the applicable fiscal Year
pursuant to subdivision (b) of Section 33670 which are
attributable to: 1) increases in the rate of tax imposed for
the benefit of the District which levy occurs after the tax
year in which the Ordinance becomes effective, and 2) Increases
ine 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) of Section 33676,
which are, or otherwise would be, calculated annually pursuant
to subdivision (f) of Section 110.1 of the Revenue and Taxation
Code. Such ar:ounts shall be limited to Added Tax Increment
wrier would have been allocated to the District after adopting
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
law requixes 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
psyatents 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 suss 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, paymeents 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 indemnif 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-
r;
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
to be deposited by the Agency made in one of the following
manners.
a. to a nonprofit corporation to be formed by the
District; or
b. directly to the contractors and suppliers of the
District who are constructing capital improvements 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 an behalf of the District
(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
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 Agreement.
Section d. District Expenditure of Revenues
All funds paid by the Agency pursuant to Section 2 or 3 of
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 zommunity, such as library
and recreational facilities. Upon written request by the
Agency as may be made so often as the Agency shall deem
apppropriate, 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 improvements.
Section S . Agemy l onds
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 -S-
t 6
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 general purpose tax
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 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 District in any year in which pledged revenues
would be payable to the District pursuant to this Agreement.
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
consistent with this Section 5.
Section 6. Conditions
Payment 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 allotment from the County Auditor -Controller provided
that payments in relation to allotnents 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 liahle
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-
w-
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 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; (11)
violate the expenditure limitation under Article XIIIB of the
California Constitutlon 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 the District except as expressly set forth in
Sections 2 and 3 0£ this Agreement. The District certifies
that it has not at any time requested and does not now request
the receirt 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 indermify, 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 T. 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 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 matters pertaining to the subject
Natter of this Agreement as it has deemed appropriate, and that
it has been advised at all timer 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
wnendments to the Project or Amend:-nent No. One pursuant to
Health and Safety Code Section 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 implementation of
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 Agency'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.
Section S. 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.
Sections 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-
0"!
x
,1.1.
ICNTJTES August
YT AGREEWNT 1BEMF*g Tn COUM OF ORA=t TIM
tOL DISTRICT AND VM XMINGTON BUCK RLDEVELOP-
.ni3trativa office Nquests approval 01 an
for the pass -through of certain tax increments
impacted by Amndment No. One to the
;erViM V83qU*2, seconded by 9upervigor Vlader,
Altion of the Tax Increment ReLmbur3ef*n't lkgT"-
;f Orangt, the Orange County Flood Control
Beach Redevelopment Agency. WTION UNANDWSLY
�7
gild
r. D 7z l G Nfi �—
AGREEMENT BY Ah'D BETWEEN
THE ORANCE COUNTY DEPARTY-ENT OF EDUCATION
AND THE HUNTINGTON BEACH REDEVELOPMENT AGENCY
PERTAINING TO AMENDMENT NO. ONE TO
THE OAKYIEW REDEVELOPMENT PLAN
This Agreement is made and entered into this 78th day
of July , 1989 by and among the Orange Coanty
Department of Education (hereafter referred to a, the
"Department") and the Huntington Beach Redavu;opmert Agency
(hereinafter referred to as. the *Agency").
RECITALS
WHEREAS, the Agency is a redevelopment agency existing
pursuant to the provisions of the Community Redevelopment Law
(California Haal�h.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 1982, the City Council adopted
Ordinance No. 2582 approving a -Redevelopment PIan (the "Plan')
fo: 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
jWHEREAS, meetings 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 33401,'the Agency may.pay to the Department as a taxing
agency with territory located in the project Area, an amunt 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
r
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 reasons, and to amicably resolve any
differences regarding Amendment Not One, the parties hereto
enter into this Agreement,
NOW, THEREFORE, in consideration of the foregoing and the
srutual covenants and conditions contained herein, the parties
hereto agree as follows;
Sactlon 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 Fity of Huntington Beach, a
municipal corporation.
V
(d) "Community Redevelopment Law" shall mean Part 1 of
Division 24 of the Health R Safety Code (commencing with
Section 33000).
(e) "Department" shall mean the Orange County Department of
Education, and -its successors.
(f) "Existinq 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 Amendment No. One.
5/31/59
47B1n/2460/034 -2-
(g) "Fiscal Year' shall mean the period from July 1 to and
including the following June 306
(h) "Ordinance" shall mean Ordinance No. 3002.- (the
ordinance approving Amendment No. One).
(I) 'Project Area' shall mean that area so designated in
Amendment No, 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 s:3own 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.
M "Term" shall mean the period of time Amendment Ho, One
remains in effect.
(a) The Agency agrees to pay to the Department each Fiscal
Year during the term an amount 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
taring 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
Agreem_nt 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
4781n/2460/034 -3-
. :.
valuation of the taxable property located in the Project Area
above the valuation shown on the 1982-1903 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 Revenue 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 YXIIA, 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 Department has not elected to receive
payments pursuant to Section 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 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.
It is agreed and acknowledged by the Department At 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 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 (1) 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
470 W2460/034 -4-
Payment to the Department is 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 Department, 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 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 l and June
30, of any Fiscal Year shall hn made no later than the
following August 30.
(c) The Agency's obligation to hake 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 32334.2.
(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 Seen received by the Department if all the Added Tax
Increment from the Project Area had been allocated to all the
affected taxing agen-cies without regard to the division of
taxes required by Health and Safety Code Section 33670; (11)
violate the expenditure limitation under Article XIIia 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
47ain/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.
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.
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.
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.
IN WITNESS WHEREOF, the parties hereto have
executed this Agreement on the day and year first above Written.
Dated:
5/31/89
4981n/2450/034
1RANCE COUNTY,
IF EDUCATION
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COOPERATION AGREEMENT BETWEEN THE
ORANGE COUNTY VECTOR CONTROL DISTRICT
AND THE h'UNTINGTON BEACH REDEVELOPMENT AGENCY
THIS AGREEMENT is entered into on the Z944 day of
"S u- 1989, by and between the ORANGE COUNTY
VECTOR CONTROL DISTRICT, a public agency, hereinafter referred
to as "DISTRICT" and the HUNTINGTON BEACH REDEVELOPMENT AGENCY,
a public body, hereinafter referred to as "AGENCY'.
vt - I - T-N E;%; - E.T H:
WHEREAS, the Agency is a redevelopment agency existing
pursuant to the provisions of the Community Redevelopment Law
(California Health and Safety Code Section 33000, pft M.)
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 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 "Lhe 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 to 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 Ad valorem
property taxes levied on its behalf by COUNTY on certain areas
that comprise the Project Area in riscal Year 1988-89t 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 AGENCY 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 Huntington 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. .
1.1 U)f.init-ions. For purpose;: of this Agreement, the
following terms will have the stated definitions:
a. "TAX INCREMENT" shall mean that portion of
14 Yalor_r property taxes resulting from the increase in
assessed valuation in the Project Area over the 1982-1983 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 tares
collected as a result of the It levy allowed tinder 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-
,������<i�l .•tit.
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0
d. "ADDED TAX INCREIKENT" 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:L,
(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 ttte period of time the
Amendment remains in effect.
1.2 Allocation of Tax,Increnent. 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
and payment by the County Auditor -Controller to AGENCY of ADDED
TAX INCREMENT pursuant to the Amendment 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 1 and June 30, of any
Fiscal Year shall be made no later than the following August 30.
1.3 @Qos end ecords. 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 Eection,33676ftsolutions. DISTRICT 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(h) regarding the Project and the
Amendment.
1.5 Conditions. Payments pursuant to Section 1.2 are
subject to the conditions and limitations set forth herein
below:
(a) AGENCY'S obligation ender 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
--''
aY
.4
Yt.i :.ryn:'.
-3-
(b) AGENCY's obligation to make payments
hereunder shall be limited to ADDED TAX INCREMENT from the
Project Atea received by AGENCY. In no way shall AGENCY be
liable for such obligations from revenues of other
redevelopment project areas in the 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 herein.
(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 inlebtedness
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 of 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 of 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 third 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. AdminiStration.
2.1 Effective Date and Tenn. 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 Bet
aside or annulled as the result of litigation.
2.2 Nodification-and _I,grmin-ation. If after this
Agreement is executed, the State of California enacts laws or
policies in corf2ict 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 or invalid for any reason whatsoever, the
remaining 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.
2.3 110 i . DISTRICT has received all notices,
written or published, that is required by the California
Community Redevelopment Law (Health and Safety Code sections
33000 et sec.) to receive during the process leading to the
adoption of the Amendment and hereby waives any and all legal
rights it ma,,- have to contest said Amendment due to a failure
to receive any statutorily required notice.
2.4 Covenant Not-tg Sue. 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 AGENC•t'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
3 day and year first above written.
Dated: OtZ7t- ORANGE C UNTY VECTOR CONTROL DISTRICT
By:
i/02/89
48lon/2460/034 -5-
m.
40
p
JREV1
rector
' Orange CoAty Vector Corol District
D13TRICT OFFICE a 13001 GARDEN GR04E SLVD. GARDEN GROVE. CA "U3
MAILING ADDRESS a P.O. BOIL q. SANTA ANA. CALIFORNIA 92M
PHONE (714) 971-2421- FAX (714) 071-2940
BOARD or TRusTEES -ion
PRESIDENT - PaA Bamol
rlcE-I'll E S (DENT - Ursula L KarwodT
8tCRETART - JOna K&rW
June 27,.1989
■NAHEIM
4Jd[ EK P[RRr
•RCA
Mr. Steve Kohler
pEAN P. Mw.l[N
SUENAPARK
City of Huntington Beach
aESJONEs
Redevelopment A Y
ceITATA MESAAgency
WILLIAM SAWDAIIUR
2000 Main street
CTPREsf
Huntington Beach, California
92647
JOIN RAHEL
FOUNTAIN %&LLEY
SARaARAA SRO"N
Dear Mr. Kohler:
nruCRTor+
PRAMCESR WD00
nARKMANVAOEM vE
TtMAN
Enclosed are two signed copies
g P
of the A reenent between this
g
J. w9lLIAMs
HU"NOTONBEACH
District and the Huntington
Beach Redevelopment Agency. As
MVINT RE[M
scon as they are signed and
adopted by the Redevelopment Agency,
MARY AN94 GAOO
please return a signed copy
for our records.
LAOUNA S EACH
ORAHTMCCOMSS
LHASRA
i[TrORAMAM
Thank you.
LA PALMA
LAMAYA."ERMA"
ruly your, ,
LOS ALAMITOS
Pahl SE rwl.
MISSION VIEJO
;ISIbert
EDW1rID G LR+COLM
NEwPORT 9MM
ray KUMW"
L. Challet
ORANGE
IIRERA
District Fanager
PLACENTIA
T 000R[ C. "SELL
GLC/ k
SAKI CLEMENTt
KIW4TI{ CARr.
Enc.
SAN JUAN CAPISTRANO
CC: Barbara Ieid
JMK%D a ME
SANTA ANA
WILWM L. 8CVNTON
SEAL *EACH
JOrC[ A RIlWER
STANTON
"000" L- ALLEN
TUSTIN
%WdkJLA [ NrNN pY
VILLA PARK
WISTMINSTER
FRAW Mr. JR
YOM" LINDA
O+rID w CgMw[iL
COVNTT Of ORANGE
LEO *. ROM
DISTRICT ItANAGER
44LUM L. CKALLET
A w elor IS"InMtt or olnar ahmopoa. iWom or otnar andmal of p0lK naa1M MOMTIeana c*aElo all taualnp
human dlstomlorl. k4ury. or taost>la of narportng or IraranwltImq the Causatlra apaen Of human elseasa.
lsaI.4:
pRIG;V4Ar
AGREEMENT BY AND BETWEEN
THE HLNTINGTON BEACH HIGH SCHOOL DISTRICT
AND THE HUNTINGTON BEACH REDEVELOPMENT AGENCY
PERTAINING TO AMENDMENT NO. ONE TO
THE OAKV1EW REDEVELOPMENT PLAN
This Agreement is made and entered into this /f 14day
of , 1989 by and between the Huntington Beach
High School D strict (hereafter referred to as the "District")
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 Law
(California Health and Safety Code Section 33000, et sue.)
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").
hHEREAS, 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
WiflnMS, 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 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 detormines are appropriate to alleviate
any financial burden or detriment Caused to the District by the
implementation of Amendment No. One; and
rr w
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 a
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 located and that no other reasonable
means of financing such buildings, facilities, structures, or
other improvements are available to the community (the
"comunity" being defined in the Community Redevelopment Law as
the City of Huntington Beach).
WHEREAS, the purpose of this Agreement is to provide for
the a propriate payments to be made by the Agency to the
District in order to: (t) 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 the 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 igree 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 U350,000)
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 .
06/04/89
4743n/2460/034 -2-
(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 of the Health & Safety Code (commencing with
Section 33000),
(e) "District" shall mean the Huntington Beach High 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 from the
goneral 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 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. ,1222 (the
ordinance approving Amendment No. One).
(j) "Project Area" shall mean that area so designated in
Amendment No. One as approved by the Ordinance.
(k) "Property Tax Increment" shall mean the full amount of
tax revenues attributable to increases in assessed valuation
above the valuation shown on the 2982-1983 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" shall mean the period of time Amendment No. One
remains in effect.
Section 2. Pa ent by Aqengy 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
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.
06/04/89
4743n/2460/034 -3-
(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
Set;tion 2 an amount 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: 1) increases in the rate of tax imposed for
the benefit of the District which levy occurs after the tax
year in which the Ordinance becomes effective, and 2) increases
fn 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) of Section 33676,
which are, or otherwise would be, calculated annually pursuant
to subdivision (f) of Section 110.1 of the Revenue and Taxation
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
33676(b) electing to receive payments pursuant to Sections
33676W (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 byy 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 tke 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
Protect 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.
06/04/89
4743n/2460/034 -4�
Sectlon 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 the following
manners:
a, to a nonprofit corporation to be formed by the
District; or
b. directly to the contractors and suppliers of the
District who are constructing capital improvements 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 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
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 Agreement.
Sectlon 4. District Enenditure of Revenues
All funds paid by the Agency pursuant to Section 2 or 3 of
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 request by the
Agency as may be made so often as the Agency shall deem
apppropriate, 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 improvements.
Sectlon S. Agencyeonds
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 general purpose tax
06/04/89
4743n/2460/034 -S-
levy of the District shall be allowable as a first and senior
pledge only (i) with the consent of the District or M) upon
the payment by the Agency to 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 District in any year in which pledged revenues
would be payable to the District pursuant to this Agreement.
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
consistent with this Section 5.
Section 6. Conditions
Payment 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 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 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.
06/04/89
4743n/2460/034 -6-
Y
(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 ocher 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: M 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; (it)
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 bg made 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 frcm 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. Ccvenant 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 adoptica 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 matters 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
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
06/04/89
4743n/2460/034 -7-
M
amendments to the Project or Pmendment No. One pursuant to
Health and Safety Code Section 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 implementation of
Amendment No. One if the Agency constructs or contributes to
the cost of constriction of more than one hundred (200) 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 Agency'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.
Section S. 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 anendments 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.
06/04/89
4743n/2460/034 -a-
tecuted
lZ DISTRICT
V
,AqT AGMTCY
cA i,-
If
t REQUEST FOOREDEVELOPM
U �Y Ct i; Y
APPROVE L.m--142-
ENCY ACTION.
RH 89-51
June 19. 1999
Submitted to: Honorable Chairm Redevelopment Agency Members
Submitted by: Paul E. Cook, Chief Executive Officer V../
Prepared by: Douglas N. La Belle. Deputy City Administrator/Economic Development
Subject: PASS-THRU AGREEMENT — COAST COND UNrrY COLLEGE DISTRICT
Consistent with Council Policy? QQ Yes [ j New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATOE T QF ISS E:
On June S, 1989 the Redevelopment Agency approved Pass—Thru Agreements regarding
the Oakview Amendment No. One with five •Taming Entities. Since that time staff has
reached agreement with the sixth and final Agency: Coast Community College District.
RECQ MNDATIQN:
Approve and authorize the Agency Clerk to execute the attached Agreement between
the Agency and Coast Community College District.
ANALY IS:
As a mitigation against detriment to Coast Community College District, the attached
Agreement requires the Agency to pass—thru 509: of the district's normal tax share for
the life of the plan for those amounts above the current cap of $3SO,000 per year.
MD?TNQ SQ RCE:
Tsx increment revenues.
ALTERNATU ACTION:
Do not approve the Pass—Thru Agreement.
ATT C MNISS:
Pats—T'hru Agreement — Coast Community College District R
PEC/DLB/SVK:sar
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H;, & CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 02648'
OFFICE OF THE CITY CLERK
July 14, 1989
Gilbert L. Challet, District Manager
Orange County Vector Control District
P. 0. Box 87
Santa Ana, CA 92702
Dear Mr. Challet:
Enclosed, for your records, is a duly executed copy of the
Cooperation Agreement between the Orange County Vector Control
District and the Huntington Beach Redevelopment Agency.
Please call this office if you have any questions.
Sincerely yours,
Cl,nnie Brockway, CMC
City Clerk
CB:me
Enclosure
CC: Barbara Zeid, Stradling, Yocca, Carlson and Rauth,
Attorneys at Law
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Mr. Robert V
ORANGE COUNr.
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To Honorable Mayor and From Paul E. Cook
City Council tlembers City Administrator
Subject ADDITIONAL BACK UP MATERIAL Date June 1, 1999
OAKVIEw AMENDMENT NO. ONE
PUBLIC HEARING
As Item DS on the City Council/Redevelopment Agency Agenda for Monday, June S.
1989, there is a Joint Public Hearing concerning a proposed amendment to the Oakview
Redevelopment Project Area. Binders containing back—up information for this item were
distributed to City Council along with the Agenda Packet. Subsequent to delivery of
these packets, the Fiscal Review Committee submitted it's report to staff (on
June 1, 1989). A copy of this report is attached as additional back—up information.
Also attached are draft Agreements with each of six (6) potentially affected taxing
agencies. These Agreements bind the Redevelopment Agency to share a portion of the
Increased tax revenue which would accrue through the Amendment of the Oakview
Redevelopment Plan with each of these taxinb agencies. Although these Agreements have
not been considered by the respective boards of each of there taxing agencies, staff has
received verbal concurrence from representatives of each district regarding the provisions
of each Agreement. The representative of one of the taxing agencies (Coast Community
College District) has requested that the Redevelopment Agency consider these Pass—Thru
Agreements PRIOR to the conduct of the Joint Public Hearing. These Agreements have
been agendised as an additional consent calendar item. Should the Agency wish to
consider them prior to the Public Hearing, the Chairman may request them to be taken
out of order.
PEC/SVK:Jar
Attachments
xc: Doug La Belle, Deputy City Administrator/Economic Development
Pat Spencer. Director of Housing and Redevelopment
Gail Hutton. City Attorney
Stephen V. Kohler, Principal Redevelopment Specialist
5116r
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COMMUNITY SYSTEMS ASSOCIATES. INC.
June 5, 1989
Mayor & Members of the City Council
CITY OF RUNTINaTO21 BEACH
P. 0. BOX 190
Huntington Beach, California 92648
SUBJECT: June 5, 1989 Public Hearing
Oakview Redevelopment Plan
Amendment No. 1
Dear Mayor and Menbers of the City Council:
On behalf of the Coast Community College District, we are hereby
requesting that the public hearing on Amendment No. One to the
Oakview Redevelopment Plan be continued due to the fact that,as
agreed upon by your staff, a proposed Agreement by and between
the District and the Agency relative to the mitigation of finan-
cial burden or detriment, as defined by Section 33012 of the
California Health and Safety Code, has not been approved by the
City Council and Redevelopment Agency and submitted to the Dis-
trict.
As background, on April 5, 1989, affected taxing agencies met as
a Fiscal Review Committee, pursuant to Section 33353.4(b) of the
California Health and Safety Code, and conducted its first hear-
ing. The Committee was advised that the last date of another
Committee Meeting would be April 20, 1989, unless the City and
Committee would mutually agree to an extension; and that the
Committee's Report would have to be completed by May 20, 1989.
The Committee and City staff mutually agreed to a continuation of
the April 20, 19e9 meeting by a period of ten (10) days (April
30, 1989) to permit the City/Agency staff to prepare a response
to the Committees request for certain information. Said infor-
mation was not provided directly to the Committee, -but rather was
provided to Community Systems Associates, Inc. in response to our
continued request for such information. The information was
picked up by Community Systems Associates, Inc. staff for their
purposes on April 28, 1989. In the transmittal letter, Mr. Koh-
ler Indicated the necessity to receive the Committee's Report no
later than the close of business on May 31, 1989. Giving CoA-
runity Systems Associates, Inc. the incomplete information of
April 28, 1989, did not permit the calling of the second hearing
by the Committee by April 30, 1989.
1b
"publlcrprtnte project management, teealbillty, and Implementatlon"
1717 SOVrW STATE COLLEGE BOULEYARb • SUITE 100 • ANAHEIM. CALIFORNIA IM • TELEOMONE (n4) 9TS4W
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Mayor Members of the City Council
CITY OF HUNTINGTON BEACH
June 5, 1989
P..ge 2
)It was noted that the information provided by Mr. Kohler was in-
complete and did not include various items discussed at the April
5, 1989 meeting.
On May 26, 1989, the Committee met for a second time in order to
respond to Mr. Kohler's May 31, 1989 date, and restated to the
City's staff that the information provided was incomplete and
that such infortr.ation should be provided to the District.
Section 33353.5 of the California Health and Safety Code states,
in part:
"In the event a fiscal review committee is created pursuant
to Section 33353, the fiscal review committee shall analyze
and report to the agency, within 30 days of the conclusion
of the hearing held pursuant to Section 33353.4, on the fis-
cal impact of the redevelopment plan or the amendment to the
redevelopment plan on each of the rembers of the fiscal
review committee, including a determination of whether the
redevelopment plan or amendment will have either a benefi-
cial effect or a financial burden or detriment upon one or
more members of the fiscal -review committee. This analysis
shall be based upon all of the following information.
(1) The preliminary report prepared pursuant to Section
33344.5.
(2) The redevelopment plan or amendment.
(3) The draft environmental inpact report prepared pursuant
to Section 33333.3.
(4) Information derived from the consultations between the
agency and fiscal review committee pursuant to Section
33353.1.
(5) Information derived from the hearing held by the fiscal'
review committee pursuant to Section 33353.4.
(6) The report prepared pursuant to Section 33228.
(7) Any additional information developed by the fiscal
review committee...."
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N
Mayor A Members of the City Council
CITY OF HUNTINGTON BEACH
June 5, 1989.
Page 3
The lack of adequate and complete information has resulted in the
District's inability to prepare an analysis that is complete and
comprehensive and as such, the Committee Report dated May 30,
1989, is not a thorough discussion of fiscal impacts and mitiga-
tion measures.
Having noticed the public hearing, it would be appropriate that
all documentation to be considered by the City Council and Agency
be available for public inspection prior to the meeting. Inas-
much as the Committee Report was not available until May 30,
1989, it appears that the Agency's Report, pursuant to Section
33352 of the California Health and Safety Code, will not have
been completed ten (10) days prior to the public hearing and that
it would be appropriate and desirable to continue the public
hearing for ten (10) days. This will not affect the Agency's
ability to adopt the Plan Amendment in accordance with the legal
requirements of the California Community Redevelopment Law.
In addition, the Agency's legal counsel submitted a proposed
Cooperation Agreement to Community Systems Associates, Inc. on
June 1, 1989 and a revised faxed Agreement on Friday evening,
June 2, 1989 at 7:10 P.M. The District has not had ample time to
review the Agreement completely, and it appears that the revised
Agreement does not address all of the concerns of the District.
In order to provide ample time to autually revise the Agreement
so that the City Council and Redevelopment Agency can consider an
approve a final document prior to the close of the public hearing
on the Plan Amendment, we believe that the ten (10) day con-
tinuance is appropriate.
Thank you for your consideration of this request.
Sincerely,
MNUNITY BY TENS
AsW�
shal rupF
ident
MBK: Y=g
A88OCIATE9, INC.
cc: Mr. C. M. Brahmbhatt
Coast Community College District