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1985-1210_ORANGE, COUNTY/AGENCIES_Tax Increment Agreement• I AGREEMENT This Agreement is made and entered into this day of 1985, by and between the County of Orange, the Orange County Flood Control District, the Orange County Harbors, Beaches and Parks District (hereinafter collectively referred to as "County Taxing Entities"), the San Juan Capistrano Redevelopment Agency (hereinafter referred to as the "Agency"), and the City of San Juan Capistrano (hereinafter referred to as the "City"). R E C I T A L S WHEREAS, the Agency is a redevelopment agency existing pursuant to the provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000 et seq.) which has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City; and WHEREAS, the Agency has prepared, and the City Council of the City has adopted by Ordinance No. 488, a redevelopment plan entitled "San Juan Capistrano Central Redevelopment Project" (the "Redevelopment Plan") which delineated a redevelopment project area (the "Project Area"); and WHEREAS, the Redevelopment Plan as approved by Ordinance No. 488 contains provisions for the distribution and allocation of property tax revenues derived from property located within the Project Area, as described in Exhibit A, to the Agency pursuant to California Health and Safety Code Section 33670(b) (hereinafter referred to as "Original Area Tax Increment"); and WHEREAS, Fiscal Review Committee meetings were held by representatives of the County and other affected taxing entities to determine the fiscal impact of the Project and the anticipated allocation of tax increment money to implement the Redevelopment Plan; and WHEREAS, on June 24, 1983 the Fiscal Review Committee found that the use of tax increment financing would have an adverse fiscal impact on the County Taxing Entities; and WHEREAS, the parties agree that the redevelopment project will cause a financial burden and detriment to the affected County Taxing Entities, in that there will be a net increase in the services provided by the County; and WHEREAS, by Ordinance No. 509 of the City, the Redevelopment Plan was amended by the "1984 Amendment", which 1984 Amendment increased the amount of tax increment which could be allocated to the Agency but which did not change the territory included within the Project Area; and WHEREAS, the parties hereto previously entered into an agreement dated as of July 10, 1984 concerning the allocation of taxes with respect to the Project Area (the "1984 County Agreement"); and 05-09-85 4572p/2299/05 -2- WHEREAS, the Agency has commenced proceedings to amend the Redevelopment Plan, and to add certain territory, described in Exhibit B (the "Added Area") to the Project Area; and WHEREAS, the original Project Area (as approved by Ordinance No. 488) and the Added Area shall together be referred to to herein as the "Amended Project Area"; and WHEREAS, upon completion of the proposed amendment (the "Amendment"), which shall generally conform to the Amended Preliminary Plan accepted by the Agency by its Resolution No. CRA 85-3-5-3 approved on March 5, 1985, provisions for the distribution and allocation of property tax revenues, in conformity with California Health and Safety Code Section 33670(b), shall be applicable to the Amended Project Area; and WHEREAS, the parties have conducted informal meetings and discussions to exchange information concerning the proposed Amendment and its impacts and, based upon such discussions, have determined that the use of tax increment financing within the Added Area (such tax increment allotted to and received by the Agency constituting the "Added Area Tax Increment") would have an adverse impact on the County Taxing Entities similar to that attributable to the Redevelopment Plan; and WHEREAS, the parties agree that the Amendment will cause a financial burden and detriment to the affected County Taxing Entities, in that there will be a net increase in the services provided by the County; and 05-09-85 4572p/2299/05 -3- WHEREAS, the Original Area Tax Increment and the Added Area Tax Increment together shall be referred to as the "Combined Tax Increment"; and WHEREAS, the parties agree that the payments provided for under this Agreement are necessary to alleviate the above financial burdens and detriments; and WHEREAS, pursuant to California Health and Safety Code Section 33401, the Agency may pay to the County Taxing Entities, which taxing agencies have territory located in the Combined 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 Redevelopment Project as proposed to be amended by the Amendment; and WHEREAS, for the above reasons, and to amicably resolve any differences regarding the Redevelopment Plan or the Amendment, 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. A. In each year, commencing with fiscal year 1983-84, that property taxes are allocated to and paid into the special fund of the Agency from the Amended Project Area pursuant to 05-09-85 4572p/2299/05 -4- Health and Safety Code Section 33670(b), the Agency will pay or cause to be paid to Orange County Fire Department Fund, the Orange County General Fund, and the Orange County Flood Control District the corresponding percentages of the amount so allocated to and paid into said special fund as follows: Orange County General Fund 4.0% Orange County Flood Control District 2.2% Orange County Fire Department Fund 10.9% B. Commencing the first fiscal year after the Agency has received a total of three hundred fifteen million dollars ($315,000,000) in Combined Tax Increment from the Amended Project Area and each year thereafter, instead of those percentages set forth in Part A of this Section 1, the Agency shall pay to the County General Fund, Orange County Fire Department Fund, Orange County Library Fund, Orange County Harbors, Beaches and Parks District Fund, and Orange County Flood Control District Fund an amount equal to one hundred percent (100""%,) of the amount which would be received thereafter by each of the above taxing entities (after the Agency has received three hundred fifteen million dollars [$315,000,000] in Combined Tax Increment) if all property tax revenues from the Amended Project Area were thereafter allocated to all the affected taxing agencies without regard to the diversion of taxes required by Health and Safety Code Section 33670, or its successor. 05-09-85 4572p/2299/05 -5- 9 0 C. As used in this Agreement, the terms "property tax revenues" and "Combined Tax Increment" shall only include all. ad valorem property taxes allocated and paid to the special fund of the Agency pursuant to Health and Safety Code Section 33670(b), or its successors. D. Notwithstanding the foregoing, the obligation of the Agency to make those payments described in Part A and Part B of this Section 1 shall be subject to the following adjustments: (1) in the event that the City terminates its use of County fire protection services, the obligation of the Agency to pay funds to the County for the Orange County Fire Department Fund shall thereafter be terminated and the Agency shall thereafter have no obligation to make payment of those amounts identified in Part A of Section 1 as payable to the Orange County Fire Department Fund, or to make any payments to the Orange County Fire Department Fund; (2) all funds paid by or on behalf of the Agency which are to be paid to the Orange County Fire Department and the Orange County Flood Control District shall be deposited into the Orange County Fire Department Fund and the Orange County Flood Control District Fund, respectively, for use only for fire protection purposes or flood control purposes (including administrative costs) as allowed by statute. 05-09-85 4572p/2299/05 -6- E i Section 2. Payments to County Taxing Entities as set forth in Section 1 above are subject to the following conditions and limitations: A. The Agency's obligations under this Agreement are deemed to constitute "an indebtedness" within the meaning of Health and Safety Code Section 33675. B. The Agency shall pay to the County Taxing Entities amounts due pursuant to this Agreement during each fiscal year within a reasonable period after the Agency receives the tax increment allotment from the County Auditor -Controller, provided that payments in relation to allotments received between July 1 and December 31 of any fiscal year shall be made no later than the following 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. Without the prior approval by the County, the Agency's obligation to make the payments referenced in Section 1 shall not be subordinated to any pledge of or other obligation by the Agency, including but not limited to the Agency's obligation under Health and Safety Code Section 33334.2 and any reimbursement agreements with other taxing agencies receiving taxes from the Amended Project Area. D. The Agency's obligation to make payments hereunder shall be limited to and be paid only from Combined Tax Increment from the Amended Project Area received by the 05-09-85 4572p/2299/05 -7- Agency. The City shall have no financial obligation by virtue of this Agreement, and shall not be responsible for the discharge of obligations of the Agency herein. The Agency shall be deemed to be fully discharging its obligations under this Agreement if it pays or causes the payment of those amounts payable pursuant to Section 1 of this Agreement. E. Notwithstanding any other provision of this Agreement to the contrary, the Agency's obligation to make payments to any County Taxing Entity under this Agreement in any single year shall not exceed the amount of property tax revenues which would have been received by that County Taxing Entity if all the property tax revenues from the Amended 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. E. The 1984-85 assessment roll shall be the base year assessment roll for the Added Area. The base roll for territory included within the Project Area by virtue of Ordinance No. 488 shall not be changed from the base roll applicable to such territory and in effect prior to the execution of this Agreement. Section 3. The County Taxing Entities consent to and approve the Amendment, which has been reviewed by the County Taxing Entities and provides for the inclusion of the Added Area and the use of tax increment financing with respect to 05-09-85 4572p/2299/05 go such -Added Area. The County (and the County Taxing Entities) agrees that it will not file any lawsuit attacking or otherwise questioning the validity of the above Amendment or the adoption or approval of such Amendment, or any of the findings or determinations previously made by the Agency or the City Council in connection with such Amendment, or any actions previously taken by the Agency or the City to implement the Redevelopment Plan, the 1984 Amendment, or the Amendment. Section 4. This Agreement constitutes the entire agreement between the Agency and the County Taxing Entities with respect to the matters set forth herein, and supercedes any prior agreements by the parties in connection with the Redevelopment Plan or the Amendment (including without limitation the 1984 County Agreement); any changes, modifications or amendments thereto shall be legally binding and effective only upon duly executed written amendment hereto. Section 5. This Agreement shall become effective the date last executed below and shall continue in effect until the Agency is deactivated pursuant to Section 33141 of the California Health and Safety Code or its successor. 05-09-85 4572p/2299/05 -9- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Dated: 1985 APPROVED,S TOFORM County Counsel Dated: APPROVED AS TO FORM: Agency Legal Counsel Tom Clark Approved as to Form: 1985 05-09-85 4572p/2299/05 Dated: , 1985 COUNTY OF ORANGE, ORANGE FLOOD CONTROL DISTRICT and ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT By; Chairman," Bdard of 5upervis s Dated: 1_ 1985 SAN JUAN CAPISTRANO REDEVELOP- MENT AGENCY, GARY L. HAUSDORFER, CHAIRMAN By: Vice airman - Lawr nce F. Buchheim Dated: October 1 , 1985 CITY OF SAN JUAN CAPISTRANO By: Mayor, T4 ty Council - Phillip R. Schwartze Attest: -10- Mary Ann nover, CMC City Cler /Agency Secretary -10- PROJECTS RFA ! LEGEND I• 771 R CY BOUNDARY lj PROJECT SURVEY AREA ' •,�� \ 1 �� : ' .. :\'\ \ PROJECT BOUNDARY TY w � yea � �.3•_+ - � ._ � ��l oI ; % i� '� ,� �i�� � t{., 4 yam` �� ".'�.�\.�"�.+�`�iv.. •\ 4zell t `,` J �� ,�`•.j,._, t It 24 MAY 1989 /:} .:-Y:�uv� � • ARCIBPLAN 0 KURT MEYER WEMER. K1fE. a.I JAsn i BERKMAN va`n.. / t� • �� "!� `7'\��,® �-'� WKJJAMS - KUEBELBECK i ASSOCIATES ^ I COMMUNITY REDEVELOPMENT PROJLCT --- �. CITY OF SAN JUANCAPISTRANO ewe PENTRAL REDEVEWPMENT PROJECT ADDED AREA. - —12- AREA 1: SASMILLIAMWENDEWO/ Ilk, 3: AROSA/LYON CVT-9Qj)N0AlW ADMW AREA cnxritA-L, REVELOPMENTVINUMWAVAlb. R.77 COMMUNITY REDEVELOPMENT PROJECT CITY OF SAN JUAN CAPISTRANC AGENDA ITEM October 1, 1985 TO: Stephen B. Julian, City Manager FROM: Thomas G. Merrell, Director Community Planning and Development SUBJECT: Tax Increment Agreement (County of Orange) SITUATION On July 10, 1984, as part of the adoption of the City's Redevelopment Plan, the San Juan Capistrano Community Redevelopment Agency and the City entered into an agreement with the County of Orange to mitigate potential fiscal impacts to the County arising from new development within the project area. As a result of the recently adopted amendment to the Redevelopment Plan expanding its boundaries, a similar agreement is being required. The agreement, prepared by staff and Agency and County counsel, provides for the following: ° Identifies the percentage of tax increment to be allocated for each County taxing agency. The total percentage to be passed to the County amounts to 17.1 percent of the total tax increment to be generated by the project area. The affected taxing entities and the costs to the County created by the project area are as follows: Orange County General Fund 4.0 percent Orange County Flood Control District 2.2 percent Orange County Fire Protection Fund 10.9 percent Provides for Agency termination of tax allocation to the Orange County Fire Protection Fund in the event the City decides to terminate its fire protection contract with the County. ° Provides for Agency reduction of tax increment to fire protection fund in the event funds are not used by taxing entity. Provides for a process regarding timing of payments and protection of funds to be allocated to the taxing agencies. Essentially, the payments are to be made approximately 60 days from receipt of funds from County Auditor Controller. In addition, the funds are designated as "an indebtedness" and cannot be subordinated to any pledge or obligation by the Agency. ckb 'CITY COUNCIL AGENDA , nnw Agenda Item -2- October 1, 1985 ° Determines that the City does not create a negative financial impact to the taxing entities; thus, holds the City to have no financial obligation to the County. ° Consents and approves of the current amendment to the Redevelopment Plan. Staff believes that the attached agreement adequately addresses the fiscal impacts to the County taxing entities. The Agency's efforts to achieve economic revitalization and to attract investment to our community continue to be possible as a result of the agreement. COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable. FINANCIAL CONSIDERATIONS The agreement would obligate the Agency to 17.1 percent of the total tax increment to he generated by the project area. Payment to the County taxing agencies would occur upon receipt of funds by County Auditor Controller. ALTERNATE ACTIONS 1. Approve the proposed tax increment agreement, and authorize the mayor to execute it subject to execution by the Orange County Board of Supervisors. 2. Do not approve the proposed agreement, and give other direction to staff. RECOMMENDATION By motion, approve the proposed tax increment agreement, and authorize the mayor to execute it subject to execution by the Orange County Board of Supervisors. Respectfully submitted, Thomas G. Merrell, Director Community Planning and Development TGM:kjs Attachment San Juan Capistrano Community Redevelopment .agency August 30, 1985 Tom Clark Stradling, Yocca, Carlson & Rauth Attorneys at Law P. O. Box 7680 Newport Beach, California 92660-6401 Re: Dear Mr. Clark: Two copies of each of the following Agreements are enclosed which require your signature: ssa.,a �d {v r 1. Participation Agreement by and between the r- kt .. xo6 Redevelopment Agency of the City of San Juan Capistrano and Raiser Development Company, scheduled for City approval on September 17, 1985. 2. Agreement between the County of Orange; the Orange County Flood Control District; the Orange County Harbors, Beaches, and Parks District; the San Juan G'» Capistrano Redevelopment Agency; and the City of San Juan Capistrano for Redevelopment Plan Amendment 84-1, scheduled for Agency and City approval on September 17, 1985. Please sign these Agreements and return them to this office at your earliest convenience. It will also be necessary for us to obtain signatures from Kaiser Development Company prior to the September meeting. 32400 Paseo Adelanto San Juan Capistrano California 92675 714-493.1171 Tom Clark Thank you for your co please do not hesitat Very truly yours, 17ew�� MARY ANN PNOVER, CMC City Clerk MAH/mac Enclosures • RECEIYcC MINUTES OF THE BOARDT—.SUPERVISORS OF ORANGE COUNTY" ALIFORNIA DECEMBER 10, 1985 COUNTY ADMINISTRATIVE JAN 03 1986 OFFICE TAX INCREMENT REIMBURSEMENT AGREEMENT -SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (FLOOD) (File o. Flood T78, X C14.1, X City):n motion by Supervisor Clark, seconded y upervisor Riley, the Clerk of the Board, on behalf of the Board of Supervisors, was authorized to execute an agreement, which provides for the pass-through of certain tax increments to the County family of funds impacted by amendment 84-1 to the San Juan Capistrano Central Redevelopment Project, negotiated with the City of San Juan Capistrano and the San Juan Capistrano Community Redevelopment Agency and approved by both agencies on October 1, 1985. Supervisor Stanton was absent. MOTION CARRIED. ' -Jds•. F1013 2.3 (12/76) San Juan Capistrano Community Redevelopment Agency October 3, 1985 Arlene Sontag County Administrative Office Hall of Administration 10 Civic Center Plaza Santa Ana, California 92701 Re: Tax Increment Dear Arlene: The Board of Directors of the San Juan Capistrano Community Redevelopment Agency and the City Council of the City of San Juan Capistrano at their respective meetings held October 1, 1985, approved the Tax Increment Agreement. Enclosed are two signed copies of the Tax Increment Agreement. When signed by the county, please return a fully executed copy to this office. Thank you for your cooperation. Very truly yours, C MARY.AN OVER, CMC Agency Secretary City Clerk MAH/mac Enclosures cc: Executive Director Deputy Director Orange County Auditor -Controller Tom Clark, Agency Counsel 82400 Paseo Adelanto San Juan Capistrano California 92675 714-498-1171 1. 0 0 466.6,-0 Written Communications: Report ate Octo er 1, 1985, from the Director of Community Planning and Development, forwarding an agreement with the County of Orange for mitigation of potential fiscal impacts to the County arising from new development within the expanded Redevelopment Project boundaries. The agreement provides for the following: (1) The percentage of tax increment to be allocated for each County taxing agency.. The total percentage to be passed to the County amounts to 17.1 percent of the total tax increment to be generated by the project area. (2) Agency termination of tax allocation to the County Fire Protection Fund in the event the City decides to terminate its fire protection contract with the County. (3) Agency reduction of tax increment to fire protection fund in the event funds are not used by the taxing entity. (4) A process regarding timing of payments and protection of funds to be allocated to the taxing agencies. Essentially, the payments are to be made approximately 60 days from receipt of funds from the County Auditor Controller. In addition, the funds are designated as "an indebtedness" and cannot be subordinated to any pledge or obligation by the Agency. (5) Determines that the City does not -create a negative financial impact to the taxing entities; thus; holds the City to have no financial obligation to the County. (6) Consents and approves of the current amendment to the Redevelopment Plan. Approval of Agreement: It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried to approve the proposed tax increment agreement between the County of Orange, the Orange County Flood Control District, the Orange County Harbors, Beaches and Parks District, the San Juan Capistrano Redevelopment Agency, and the City. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. loh/es