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HomeMy WebLinkAboutR04-Economic Development Agency o o o 1. o o DEVELOPIIEWT DEPARTIIEWT OF TBE CITY OF SAlI BElllWlDIIro REODEST FOR COIMISSIO./COUllCIL ACTIO. From: KENl'IETH J. HENDERSON Executive Director Subject: APPROVAL OF FISCAL IMPACT AGbJgowu WITH TBE COUNTY OF SAlI BElllWlDIIro RELATIVE TO TBE 1Ir. VEUO. CORRIDOR Date: April 1, 1992 ------------------------------------------------------------------------------- SvnoDsis of Previous Cn--issionlCouncil/Cn.mittee ActionCs}: On June 25, 1990, the Mayor and Council adopted ordinance MC-733 which approved and adopted the Mt. Vernon Corridor Redevelopment Project Area. ------------------------------------------------------------------------------- RecQ"~~ed MotionCs}: CCommnnitv Develonnent Cn.-ission} MOTIOW RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A CERTAIN FISCAL IMPACT AGREEMENT IN CONl'lECTION WITH THE ADOPTION OF THE lIT. VERNON CORRIDOR REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33401. - ~O. Executive Director Administrator ------------------------------------------------------------------------------- Contact Person(s): Ken Henderson/Sue Morales Phone: 5081 Project Area(s): Mt. Vernon Corridor (MTV) Ward(s): 1.3 & 6 Supporting Data Attached: Staff ReDort: Resolution: Aareement FUNDING REQUIREMENTS: Amount: $ N/A Source: N/A Budget Authority: N/A ------------------------------------------------------------------------------- CommissionlCnnncil Wotes: ------------------------------------------------------------------------------- KJH:SMM:1ag:0655E COIlllISSIO. MEETING AGDDA lIeeting Date: 4/6/1992 Agenda Item Wumber: ~ o o o IIID o o DEVELOPMENT DEPARTMENT OF TIlE CIn OF SAB BERlWlDIBO STAFF REPORT Aooroval of Mt. Vernon Corridor T..yfJUl Aareement With the Countv of San Bernardino On June 25, 1990, the Mt. Vernon Corridor Redevelopment Project Area was adopted. During the period preceding and following the project adoption, negotiations relative to the distribution of tax increment were held between the City and the County of San Bernardino. An agreement, however, was not reached prior to the adoption date. Consequently, the County filed legal action to invalidate the redevelopment plan. Negotiations continued and an agreement was reached early this year. The County formally approved the agreement on March 23, 1992 and subsequent to our approval, will dismiss the court action. The proposed agreement provides that in any fiscal year wherein the annual growth is less than or equal to the Threshold Rate (Which is defined as an annual growth of seven and one-half percent) the percentage factor to be applied against the county share shall be thirty five percent (35~). However, if the annual growth is more than the Threshold Rate, the percentage factor to be applied against the county share shall be a combination of thirty five percent (35~) for the amount up to and including the Threshold Rate, and sixty percent (60~) for the amount in excess of the Threshold Rate. An illustration of the calculation is demonstrated on the attached Exhibit "A". The Commission previously approved agreements with the remaining taxing agencies in November, 1990. At that time, the Commissiori authorized execution of the fiscsl agreements with the understanding that the agreements would be brought back with resolutions for final adoption. Since that time, staff and special counsel have attempted to clarify certain financial provisions in the school district fiscal agreements. It is anticipated that within the next two (2) months, all agreements will be brought back to the Mayor and Common Council for final approval. Staff recommends adoption of the attached resolution. DON, Ezecutive Director rtaent ------------------------------------------------------------------------------- KJH:SMM:lag:0655E COtKtSSION MEETING AGEImA Meeting Date: 4/6/l992U Agenda Itl!llll'fualber: ~ o o o o pi.cal Year Bas. Year 1989-90 1990-91 1991-92 1992-93 (I) $100,000 x 2'.88' $ 24,880 x 3St $ 8,708 ~ o EXHIBIT "A" , Increas. Assessect Above Prior Valu. Year 1t Property Tax Increment: Amount Payable to County 10011 10511 11011 119.911 MIA 5' 4.76t 9t MIA MIA 100,000 199,000 8,708(1) 18,355(1) Property Tax Increaent County Share Factor (rat. of growth was 4.76t for 1991-92 above 1990-91 which is less than Threshold Rate) Total Property Tax Increment payable to County for 1991-92 m 1992-93 Threshold Rat. calculation $ 110,000,000 x 7.5' $ 8,250,000 + 110.000..000 $ 118,250,000 - 100.000.000 $ 18,250,000 x 1t $ 187,500 x 2'.88' $ 45,406 x 35t $ 15,892.10 _1IlOCIat 0I1251fJ :1:00 1991-92 Assessect Value Base Year Tax Rate County Share Factor Property Tax Increment payable to County on Threshold Rate (cont'd) if - o o o o o 1992-93 Calculation for Aaount in Exce.. of Thre.hold Rat. $ 119,900,000 - 118.250.000 $ 1,650,000 x 1t $ 16,500 x 24.88t $ 4,105.20 x 60t $ 2,463.12 $ 15,892.10 + 2.463.12 $ 18,355.22 _1IlOCIOt 0I1251f2 J:GO 1992-93 As....ed Value Adju.ted As....ed Value up to Thr..hold Rat. A.....ed Value above Thr..hold Rate Tax Rat. Property Tax Incr_.nt above Thre.hold Rate County Share Factor Prop.rty Tax Incr_.nt payable to County above Thr..hold Rat. Property Tax Incr_ent payable to County on Thre.hold Rat. Property Tax Incr-.nt payable to County above Thr..hold Rate Total Property Tax Incr_ent payable to County for 1992-93 1 . 1J o o o o o 1 2 3 COMMUNITY DEVELOPMENT COMMISSION OP THE CITY OP SAN BERNARDINO, CALIPORNIA AGENDA 4 5 6 Item: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 April 6, 1992 RESOLUTION OP THE COMMUNITY DEVELOPMENT COMMISSION OP THE CITY OP SAN BERNARDINO, CALIPORNIA, AUTHORIZING THE EXECUTION or A CERTAIN PISCAL IMPACT AGREEMENT IN CONNECTION WITH THE ADOPTION or THE NT. VERNON CORRIDOR REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33401. Exhibit "A" Aqreement Action to be Taken: Adopt Resolution. certified copy of Resolution to be returned to Sabo , Green, a Professional Corporation. SBIlIlIOOOII5li6 1DI31/914:2lI Lj o o o o o RESOLUTION NO. 1 2 3 4 5 6 7 8 9 10 the State of California; and 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A CERTAIN FISCAL IMPACT AGREEMENT IN CONNECTION WITH THE ADOPTION OF THE NT. VERNON 'CORRIDOR REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33401. WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation and a charter city duly created and existinq pursuant to the Constitution and the law. of WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission") on behalf of the Redevelopment Aqency of the City of San Bernardino (the "Aqency"), is a redevelopment agency, a public body, cOrPOrate and politic of the State of California, orqanized and existinq pursuant to the Community Redevelopment Law (Part-1 of Division 24) commencinq with Section 33000 of the Health and Safety Code of the State of California (the "Act"); and WHEREAS, the Commission has previously approved the Redevelopment Plan (the "Redevelopment Plan") for the Nt. Vernon Corridor Redevelopment Project Area (the "Project Area"); and WHEREAS, in connection with its adoption of the Redevelopment Plan, the commission has previously entered into negotiations with various affected taxinq agencies for the - 1 - 4 o o o o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 purposes of mitigating or reducing any possible fiscal impacts which _y be experienced by such affected taxing agencies through the adoption and implementation of the Redevelopment Plan; and WHEREAS, in accordance with Health and Safety Code Section 33401, the Agency may pay to any taxing agency with territory located within the Project Area any amounts of money which the Agency has found are necessary and appropriate to alleviate any financial burden or detriment to any such taxing agency which is caused by the implementation of the Redevelopment Plan; and WHEREAS, the County of San Bernardino (the "County") and the San Bernardino County Flood Control District (the "District"), both of which are affected taxing agencies, have presented the Agency with satisfactory evidence that as a result of the redevelopment of the proj ect Area, the County and the District shall experience a financial burden or detriment, and that the agreement as described herein is necessary to relieve said financial burden or detriment; and WHEREAS, the Agency, the County and the District deem it desirable to enter into that certain Agreement by and among the Agency, the County and the District, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, which provides for the pass through of certain tax increment amounts by the Agency to the County and the District as more fully described in said Agreement; and - 2 - 1/ o o o o o WHEREAS, new development within the Project Area will necessitate the development of new facilities and the provision of services by the County and the District in order to provide existing levels of service and the existing facilities and services funding is insufficient to provide for the acquisition, cons~ruction and installation of such facilities and the provision of such services; and 1 2 3 4 5 6 7 8 9 WHEREAS, as a result of the redevelopment of the 10 Project Area the population within the boundaries of the Project 11 Area is expected to increase; and 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the County and the District must provide new facilities and services to respond to population growth within their respective boundaries which facilities and services are often funded by State or local funds and which funds are limited and not always available to the County and the District when needed; and WHEREAS, the County and the District have requested the Agency to relieve the financial burden and detriment caused by the imp I_entation of the Redevelopment Plan pursuant to the terms of the Agreement attached hereto; and WHEREAS, the County and the District have presented evidence to the Agency that as a result of the implementation of the Redevelopment Plan they will suffer a financial burden or detriment; and - 3 - /1 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o o WHEREAS, the County and the District are desirous of cooperating with the Agency so that the Redevelopment Plan may be i.plemented, and, accordingly, the parties have provided for the allocation of tax increment revenues as set forth in the Agreement. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF or THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The above Recitals and each of them are true and correct and the action taken pursuant to this Resolution is based upon the facts stated in said Recitals. Section 2. With respect to the County and the District, the Agency hereby finds that: (1) That the County and the District have presented substantial evidence to the Agency which has been considered by the Agency; (2) That as a result of the implementation of the Redevelopment Plan the County and the District shall experience a financial burden or detriment due to the need to provide more extensive facilities and services and upgraded improvements; and 1/1 III - 4 - ~ o o o o 1 (3) That the Agreement referenced in the Recitals 2 herein provides for a method of the allocation of certain tax 3 incr_ent revenues between the Agency, the County and the 4 District which is necessary to alleviate said financial burden 5 and detriment suffered by the County and the District. 6 7 8 9 10 11 12 13 14 15 16 17 I I I 18 I I I 19 I I I 20 1/1 21 1/ I 22 /II 23 1/1 24 /II 25 /II 26 /II 27 /II 28 /II o Section 3. The Agency hereby finds and deter1lines that the above referenced Agreement has been prepared in accordance with the provisions of Health and Safety Code Section 33401, and the Agency hereby approves said Agreement attached hereto as Exhibit "A". The Chairman and the Agency Secretary are hereby' expressly authorized and directed, to execute said Agre_ent upon adoption of this Resolution, subject to such changes, additions or deletions as may be recommended by the Agency Counsel and approved by the Agency Administrator for the intended transaction contemplated therein. . - 5 - 4 o o o o o 1 RESOLUTION OP THE COMMUNITY DEVELOPMENT COMMISSION OP THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OP A 2 CERTAIN FISCAL IMPACT AGREEMENT IN CONNECTION WITH THE ADOPTION OP THE NT. VERNON CORRIDOR REDEVELOPMENT PROJECT AND MAKING 3 CERTAIN PINDINGS AND DETERMINATIONS IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33401. 4 5 6 7 8 9 10 Section 4. This Resolution shall take effect upon the date of its adoption. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Development Commission of the city of San Bernardino at a meeting thereof, held on the day of , 11 12 13 commission Members: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1992, by the following vote, to wit: AID BAn ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER Secretary day of The foregoing resolution is hereby approved this , 1992. W. R. Holcomb, Chairman Community Development Commission of the City of San Bernardino Approved as to form and legal content: By: ~Ao__ .~~(~ ) :/~~e~ IIIIID\lIIIllIIDOC\!M - 6 - 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 o 15 16 17 18 19 20 21 22 23 24 25 26 r1 o 28 o o o STATE OP CALIPORNIA ) COUNTY OP SAN BERNARDINO) ss CITY OP SAN BERNARDINO ) I, Secretary of the Co..unity Development Commission of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of co_unity, Development Commission of the City of San Bernardino Resolution No. is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOP, I have hereunto set my hand and affixed the official .eal of the Community Development Co_ission of the City of San Bernardino this day of , 1992. Secretary of the Community Development Commission of the City of San Bernardino 1 . . o o o - o 0 AGRlBIIBN'l BY AlII) AMONG THI COMMUNITY DIVILOPIIINT COMMISSION OF THI CITY OF SAN BDNARDINO, THI COUNTY OF SAN BDNARDINO AlII) THI SAN BIRNARDINO COUN'1'Y FLOOD CONTROL DISTRICT PERTAINING '1'0 THI JI'l'. VlRNON CORRIDOR RlDIVILOPMINT PROJICT THIS AGRlIMINT is _d. .nd .nt.red into this 23l'd d.y ot Karc:h , 1992, by .nd betw..n th. COMMUNITY D'fiiLoPMINT COMMISSION OF THI CITY OF SAN BIRNARDINO (th. wAgencyW), th. COUN'1'Y OF SAN BIRNARDINO (th. wcountyW) .nd th. SAN BIRNARDINO COUNTY FLOOD CONTROL DISTRICT (th. WDistrictW). RICITALS WHIRIAS; th. Aq.ncy is . r.d.v.lopment .q.ncy exi.tinq - pur.uant to the provisions of the comaunity Redevelopment Law (California H.alth and Saf.ty Code Section 33000 n ug.) .nd has been authorized to tran.act busin.s. and .xerci.e the power. of a red.v.lopaent .qency pur.uant to action of th. Ccmaon Council of th. City of san Bern.rdino; and WHIRIAS, on NoveJlber 7, 1989, th. Planninq Ccm.is.ion of th. City of San Bern.rdino approved R..olution No. PC89-2, e.tabliahinq boundari.. for th. propo.ed Mt. V.rnon Corridor Red.v.lop.ent Proj.ct Area (th. wProj.ct Ar..W); and WHEREAS, th. Aq.ncy and th. City have pr.pared and adopted a redevelop.ent plan (th. WPlanW) and have ..tablished a red.v.lop.ent proj.ct (th. wProj.ctW) for th. Proj.ct Ar.a pur.uant to Ordinanc. No. MC 733 d.ted Jun. 25, 1990; and WHIRIAS, to all.vi.t. any fin.nci.l burd.n or d.tria.nt which th. Proj.ct may c.u.. th. County and th. District, r..pecti v.ly, and to amic.bly r..ol v. .ny differenc.. reqardinq th. proj.ct, th. parti.. h.r.to enter into thi. Aqr....nt; .nd WHEREAS, thia Aqr...ent .lleviat.. any financial burden or d.trim.nt to .ach of the County and th. District r..ultinq frOll the Mt. Vernon Corridor Redev.lopm.nt proj.ct or the Pl.n; and WHEREAS, it i. th. intent of th. part i.. th.t in furth.ranc. of th. impl_entation of th. Plan for th. Project Are. that th. Aqency shall u.. it. best effort. when appropriate to undertake red.v.lopm.nt .ctivitie. pur.uant to th. Plan th.t would tend to d.cr.... financi.l iapact. upon th. County; and ...1IlI ~\DOC'tQJ OJI2H2 3:GO -1- 1 - . . o o o o 0 WHIREA8, the purpo.e of this Agreeunt i. to provide for appropriate P8yaent. to be ..de by the A9ency to the County and the D18trict, re.pectively, in order to alleviate any and all financial burden or detriunt cau.ed to the County and the Di.trict by the tax allocation provi.ion. of the Plan. NOW, THEREFORE, in conald.ration of the for.going, and for their .utual advantage and concern, the parti.. do h.r.by agr.. a. follow. a COV_NANTS 1. Definition.. The word. and teraa u.ed in thi. Agr....nt .hall have the fOllowing ..aning.: a. -Agency- .hall .ean the co_unity D.velopm.nt Co_18alon of the City of San B.rnardino. b. -Annual Growth- .hall ..an the growth in a.....ed - value of the Proj.ct Ar.a a. ..a.ured by taking the a.....ed value for the Project Ar.a in a given Fi.cel Y.ar and coaparing that a.....ed value to that of the proj.ct Ar.a for the i_ediat.ly pr.ceding F18cal Y.ar; Annual Growth .hall be .xpr...ed a. a percentag.. c. -sa.. Y.ar- .hall ..an the 1989-90 Fi.cal Y.ar being th. F18cel Y.ar above which the incr.a... in a.....ed valu.. for the Proj.ct Area .hall be d.termined for purpo... of allocating tax increunt r.venu.. pur.uant to H.alth and Saf.ty Cod. S.ction 33670. d. -City- shall ..an the City of San Bernardino. .. -County- .hall ..an the County of San B.rnardino, a political .ubdivi.ion of the stat. of California. f. -County Share- .hall ..an .ighty percent (80t) of that portion of the Property Tax Incr_ent which the County would rec.iv. froa the proj.ct Area, but for the adoption of the Plan. For purpo... of thi. Agr._ent, the percentage used in calculating the County Share shall be the .... percentage of the -froz.n ba..- fro. the Proj.ct Area which i. allocated and paid toth. County pur.uant to H.alth and Saf.ty Cod. Section 33670(a), n_.ly thirty- on. and .l.ven on. hundredths percent (31.11t). For purpo... of thi. Agr....nt, the p.rc.ntag. used by the Agency in calculating .uch portion shall be the .... perc.ntag. of the -froz.n ba..- froa the Project Ar.a which 18 allocated and pald to the County (or it. succ...or) pursuant to H.alth and Safety Cod. Section 33670(a) a. of adoption of the R.d.velopm.nt Plan for the Proj.ct, n...ly .ighty percent (80t) of thirty-on. and .l.ven on. hundredths percent (31.11t) of the 1t l.vy. An illu.trativ. .x_pl. of the --'IIICIC\UJ 0I_3:GO -2- ~ .. o o o . . o o application of thi. d.finition i. attached a. .Exhibit -A- h.r.to. g. -Di.trict- .hall ..an the San Bernardino County rlood Control Di.trict. h. -Dbtrict Shar.- shall ..an .ighty percant (80') of that portion of the Property Tax Incr.....t which the Di.trict would r.c.iv. frOll the Proj.ct Ar.a but for the adoption of the Plan. ror purpo... of thi. Agr....nt, the Perc.ntag. used in calculating the Dbtrict Shar. shall be the .... Percantag. of the -frozan ba..- frOll the Proj.ct Ar.a which i. allocated and paid to the Diatrict pur.uant to H.alth and Saf.ty Code Section 33670(a), naaaly two and sixty-nine on. hundredth. Percant (2.6"). ror purpos.s of thi. Agr....nt, the percantag. u.ed by the Agency in calculating such portion .hall be the .... perc.ntag. of the -froz.n ba..- frOll the Proj.ct Area which i. allocated and paid to the County (or it. .ucc...or) pur.uant to Health and Saf.ty Cod. .S.ction 33670(a) a. of adoption of the Redev.lopm.nt Plan for the o Proj.ct, naaely .ighty perc.nt (80') of two and sixty-nine one hundredthe Percent (2.6") of the n l.vy. An illustrative .xlUIple of the application of thi. definition i. attached a. Exhibit _._ her.to. i. -riscal Y.ar- .hall ..an the Period frOll July 1 to and including the following Jun. 30. j. -Plan- .hall ..an the Red.velopaent Plan for the Nt. V.rnon Corridor R.d.velop.ent Proj.ct a. approved by Ordinance Ro. MC 733 of the City. k. -Project Area- shall .ean the Project Area identified in the Plan. 1. -Property Tax Incr_ent-, for any giv.n ri.cal Y.ar, shall ..an the full ..ount of property tax revenue. attributable to incr.a... in a.....ed valuation above the valuation .hown on the 1989-90 a.....aent roll a. the Bas. Year valu., which tax rev.nu.s are allocated and paid to the Agency pursuant to california H.alth and Saf.ty Cod. Section 33670 (b) frOll the Project Area attributable to the on. Percent (n) property rat., exclusive of .ubventions. .. -R.dev.lopment Proj.ct- .eana the Mt. V.rnon Corridor Red.velopm.nt Project as approved by Ordinanc. Ro. MC 733 of the City. n. -T.ra- shall be th. period th. Plan reaains in effect for the purpose of allocating Property Tax Incre.ent to th. Agency for the payment of all fora. of ind.btedn... and other Obligation.. __1IIClCIat 0l12Nl I:GD -3- ~ . . o o o o o o. -Threshold Rate- shall m..n Annual Growth of seven and one-halt percent (7-1/n). 2. pav.ent Bv AaellClY to the Di.tri~. For each Fiscal Year durift9 the Ten, subject to the provbiona of Section f. of thla Agreaent, the Agency shall pay to the District in two (2) inatall-.nts within a reasonable period after the Agency receives the Property Tax Incr..ent frOll the County Auditor-Controller provided that (1) pa,..nta in relation to allobents recaived between July 1 and Dec-.ber 31 of any Fiscal Yur shall be ude on or before the following February 21, and (ii) pa,.ents ..de in relation to allobents received between January 1 and June 30 of any Flacal Year shall be ..de on or before the followift9 August 30, an ..ount equal to the District Share. The foregoing shall be applied in the UDDer set forth in Exbibi t -B- ; provided., however, with respect to the Dbtrict, (1) the parcentage factor used to calculate the Dbtrict Share .sball be eighty percent (80') and (ii) setoffs shall be applied . pursuant to Section fa and not Section fb. In addition to the foregoing, for each Fiscal Year durift9 the Ten, the Agency shall pay to the Dbtrict all property tax revenues allocated and paid to the Agency pursuant to H..lth and Safety Code Section 33670 (b) which are attributable to iner..... in the rate of tax illp08ed for the benefit of the District applicable to the Project Area which levy occurs after the 1989-90 Piecel Year, the .... as if the District had adopted . resolution elect1ft9 to receive such ..ounts pursuant to Health and Safety Code Section 33676(b). 3. Pav.ent bv Aaenev to the Count;y. For..ch Fiscal Year durift9 the T~, Subject to the provbions of Section fb of thla Agree-.nt, the Agency shall pay to the Count:y in two (2) inatalaents within a rea.onable period after the Agency receiv.. the Property Tax Iner..ent frOll the County Auditor-Controller provided that (i) pay.ents in relation to allobents receiVed between July 1 and DeCooN>er 31 of any Fbcel Year .hall be ..de on or before the following February 28, and (ii) par-ents ..de in relation to allot:1lents received between January 1 and JUne 30 of any Fiscal Year shall be ..de on or before the following August 30, an ..aunt equal to the following: a. For any Fbcel Year wherein the Annual Growth is equal to or less than the Thre.hold Rate, the County .hall receive an -.aunt payable trOll Property Tax Incr..ent equal to the product of the Property Tax Inere-.nt multiplied by the County Share mu1tiplied by thirty-five percent (35'). b. With respect to any Fiscal Year in which the Annual Growth exceeds the Threshold Rate, the Agency shall (i) detenine -uuJ\DCJCW8 01_ J:GO -f- . ;j o o o o 0 tbe dollar v.lu. of tbirty-fiv. percent (35t) of tb. County Shar. of Property Tax Incr...nt v.nar.ted froa incr..... in ......ed valu.. of th. illJledi.tely pr.cedift9 Fi.cal Year alloY. tb. Ba.. Year value. .nd (11) d.t.nlin. t.bat uount equal to thirty- fiv. percent (35t) of the County Sh.r. of Property Tax Incraent for tb. then curr.nt Fiacel Y.ar ......ed v.lu.. r.prennted by Annu.l Growtb equ.l to tb. 'l'br..hold Rat. above th. .....aed value for th. prior F!acal Year .nd an uount equ.l to .ixty percent (60t) of th. County Share of Property Tax Incr...nt .ttributabl. to th. incr.... in ......ed valu.tion .bov. th. 'l'br.abold Rate for that perticular F!acal Y..r. 'l'b. uount of Property Tax Incruent to be paid to tb. County aball be equ.l to th. .UII of (1) and (11) abov.. An illu.tration of th. .pplication of th. foregoinv provision. is ..t fortb in Exhibit -C-; provided, however, with r..pect to th. County, (1) tb. percentage f.ctor to be .pplied .g.inst th. County Sh.r. to det.ndn. uounte to be paid her.under to tb. County shall be .ither thirty-five percent (35t) if th. '!'br.shold Rat. h.. not been r..ched or . collbination of thirtY-five - perc.nt (35t) .nd .ixty perc.nt (60t) .. ..t fortb above with reg.rd to . Fiscal Year wh.n th. 'l'br..hold Rate i. .xc.eded, .nd setoff. .h.ll, be .pplied pursu.nt to Section 4b and not Section 4.. In .ddition to tb. foregoinv, for..ch Fiacel Y.ar durinv tbe T.na, th. Agency 8ball pay to th. County .11 property tax rev.nu.. .llocated .nd paid to th. Ag.ncy pur.uant to Health and Safety Cod. Section 33670 (b) which are attributable to incr..... in tbe r.t. of tax iapoaed for tb. ben.fit of the County .pplicabl. to tbe Project Ar.. which l.vy occur. .fter th. 1989-90 Fiscal Y.ar, tbe .... .. if th. County h.d .dopted . r..olution .lectinv to receive .uch ..ount. pur.uant to H_ltb and S.fety Cod. Section 33676(b). Notwithst.nding any provision of this Agr....nt to th. contr.ry eff.ct, no payaent .h.ll be ..d. by th. Agency to th. County or th. District pur.uant to this Agreaent unle.. th. -Action- (a. h.r.after d.fined in Section 7) i. fir.t dismi..ed wi~ pr.judic.. 4. Setoff.. 'l'b. parti.. .gr.. that th. ..ount. payable by tbe Agency pur.uant to thi. Agr...ent 8ball be reduced by aJIOunt. equal to each of th. followinv, with the reduction to be applied at th. .arli..t ti.. d...ed fea.ibl. by th. Ag.ncy: a. As to the Di.trict: 1. 'l'be cost of land and improvement. to proj.ct. tbat th. District request. and th. Agency in it. discr.tion, detenaine. to fund in whole or in part; .,..,,1DCICIaJ 1II1ZM1 J:CIO -5- 4 ~" . . o o o o 0 2. Koneys received by the District pursuant to Health and Safety Code Section 33676 (a) (2) in relation to all or any portion of the Redevelopaent Project. b. A8 to the County: 1. The cost of land and iaprovaent to projects that the County request. and the AeJency in its dbcretion, deteraines to fund in whole or in part; 2. Honeys received by the County pursuant to Health and Saf.ty Cod. S.ction 33676(a) (2) in r.lation to all or any portion of the Red.v.lopa.nt Proj.ct. . Each of th. County and the Dbtrict agr..s that thb Agr....nt supersed.s any r.solution approved by the County or the District .lecting to receive aon.ys pursuant to Health and Saf.ty Code Section 33676 (a) (2) in relation to all or any portion of the . Redevelopa.nt Project. 5. (a) EDlancUture of PrOIHtrt;v TaK Incr-llt bv Countv or Distric*. In evaluating potential U8e8 of th08e fund8 paid by the Agency pursuant to SectiOM 2 and 3 of this Agr.eaent as Property Tax Incr..ent, each of th. County and the Dbtrict 8hall give reasonable priority to the provision of services specifically devoted to th. residents of the Project Area and to capiUl iJlproveaent projects s.l.cted by the County and the Dbtrict but which shall be situated within the City of san Bernardino. (b) EDlanditure of Revenue. E...Aaenav. Th. AeJency and the County autually agre. to cooperate in the d.finition of projects and/or progr... to be iapleaented by th. AeJency which will reduce or otherwiBe liait the costs incurred by th. County for th. delivery of thos. progr... within th. Project Ar.a. for- which the County is responsible. 6. Aaenav Indebtedne... Th. AeJency's respective obligations her.under to aake payaents to the COunty and the District constitute an indebtedness of the Ag.ncy within th. meaning of California Health and Saf.ty Code Sec*ion 33670(b). 7. Cov.nani:..~ 'to SUa and lIi.eal1anAona llat:t:..r. Relatina to Litiaation. Bach of th. County and the District hereby waiv.s any and all caus.s of action, cases, claias, counts, actioM, and/or coaplaints relating to, and agr... not to challeng. the validity of, th. Plan and/or the validity, on the grounds of the invalidity of th. Plan, of bonds to finance or ref inane. in whole or in part th. Plan, including, without liaiting the generality of th. foregoing, the legality and validity of all proceedings theretofore taken for or in any way connected with th. designation of the survey ar.a, th. selection of the Proj.ct Area, ~\DOC\UJ 01__ -6- ,. ~ o o o o 0 the tonulation ot the Prellainary Plan, and tJle adoption ot the Plan, and a180 includiftlJ the legality and validity ot all proceedinv- theretotore taken and the InvironMntal Illpact Report tor the Plan. Bach ot the County and the District sball request and ahall cauaa to be dinissed with prejudice that action entitled, in part, Count;v o~ San BarnardiJla ~ ~ ~ Flood Coltbool Dist:riat: va. A1!a:~;~=- i~::;~~ It It Corridor R8c1.v.lolDlaltt: Pro1___ __ _ . __ ___, Ca.. Ro. 258241, Superior Court, County ot San Bernardino (the -Action-); 8. InUr. Aare_an.. This Agrenent conatitutes the entire UnclerstandiftlJ and agrenent lUlOft9 the parti.. and supersedes all previous negotiaUona DO,. th.. partainint to the subject .atter hereot. Bach party to this Agre..ent bu been adviaed by counsel ot its chaosi,. and in enteri,. into this .e..ent ia relyiftlJ upon its own invasti9ation and evaluation and not upon any representatioRa by any other party. The payaenta herein provided consUtute a tull, coaplete, fair and equitable adjustunt tor all financial and other iapacts Which bave or ..y ruult to the County or the District durin9 the Ten froa tJle Plan or ita iapl...ntation. Except for the payaanta required by the tena of t.bis Agrenant to be ..de by the Agency troa Property Tu Incrnant to the County and the Diatrlct, all Property Tax Incr....t and nch other revenuu as ..y be received by the AeJency aIlall be solely the property ot the Agency, County and DistrIct, rupectbely, to be applied in such a aanner as the Agency ahall, froa t!.e to tiM, d... appropriate. Bach ot the County and the District agr.. to O8aae the dinia..l of the Action with prejudice, and tbat it ahall not file or purllUe any lawauit attackiftlJ or otbarwi.. questioniftlJ tile validity of the Plan or the adoption or approval of the Plan or any ot the tindi,.s or deteninationa ..de by the Agency or the C--.on Council in connection with the adoption or approval of the Plan. Thia Al)raeaant shall r...in in effect durin9 the Ten, and sball not be changed or .odlfied except by written a9Z'....nt of the pllrti.s. -oallt\DOQ&tJ 01_ ... -7- 1 o o o o . ~ o D WITNUI WIIIRBOF, the partie. have cau.ed thi. Agre_ent to be executed on the date fir.t hereinabove written. C01JR'1'Y OF SAlt BBRlfARDINO BYI ~MAA ~~ ~l-llU ~~~rd of Supervisors DATED I March 23 ~MII !IllS ~ DATED I , 1992. Approved a. to Foral ~~/ JmJlOaUt ~I- 4PPlD!D AS TO ... om t1M19199Z_ Alan K. Marks. c:ouN1Y COUNSB. WI NO FORHIA &Y. --"I:!"I\DOQtIJ OI~ 1110 SAlt BBRlfARDINO C01JR'1'Y FLOOD COlft'ROL DIS'l'RIC'I' "'Gu~~. COIIIIUNITY DBVBLOPIIBIIT COMMISSION OP '1'IIB CITY OF SAlt BBRlfARDINO Byl -8- L{ o o o o o IXIIIIIT -I- San Bernardino County Flood Control Dbtrict Caleulat:loft a~ Dl_t:riet:. Shar. A. P.rcenta9. of the -frozen bas.- tax r.v.nu. allocated to the Dbtrict purauant to H.alth and Saf.ty Code Section 33670(a) _ 2.69' I. P.rcenu9. applied to (A.) to d.tarain. the District Share, pursuant to Section 1(9) of .....nt _ 80' C. District Share (A.) x (I.) _ 2.152' *lfot.: For purpos.s of illuatration, only. '1'be District Share will be used to calculate the actual shar. of tax incr_ent, if any, to be received by the District pursuant to the teras of the Agre_ent. _1IIOCIaJ ._ J:GO 4 " .. o o o .J o o BXHlaIT -A- Count.y of San Bernardino caleul.~ioft o~ Coun~v aharA A. percent.age of the -frozen ba.e- t.ax revenue allocated t.o the Count.y pur.uant. t.o Health and Safet.y COde Sect.ion 33670(a) _ 31.11' a. percent.age applied t.o (A.) t.o det.araine the Count.y Share, pur.uant. t.o Section l(e) of Agreaant. I _ 80' C. Count.y Share (A.) x (a.) _ 24.88' *Hot.e: Por purpo.e. of illu.trat.ion, only. The Count.y Share will be u.ed t.o calculat.e the actual .hare of t.ax incre.ent., if any, t.o be received by the Count.y pursuant. t.o the t.era. of the Agre_ent.. -IIIOC\QJ G1~':GII . ~ .'..., ~ .' .' 0 0 IXIIIIIT .C. , Incr.... 1t Property AIIount 0 A..e..ect Abov. Prior T.x P.y.bl. Pi.cat Y.ar Valu. Y..r Incr..Aft~ to COUl'lt;y .... Y..r 1"'-'0 100M MIA MIA MIA 1990-91 105M 5' -- 1991-'2 110M 4.7" 100,000 8,708(1) 1992-'3 l1'.9M " 199 , 000 18,355(1) (I) $100,000 x 24.11' $ 24,880 1f 3St $ 8,708 Property Tax Incr_.nt County Sh.r. F.ctor (r.t. of growth w.. 4.7" for 1991-'2 above 1"0-'1 which i. Ie.. than Thr..hold Rat.) Tot.l Property T.x Increment p.yabl. to County for 1'91-92 (I) 1'92-93 Thr..hold Rat. C.lcul.tion o $ 110,000,000 x 7.5t $ 8,250,000 + 110.000..000 $ 118,250,000 - 100.000.000 $ 18,250,000 x 1t $ 187,500 x 24.88' $ 45,406 x 3st $ 15,892.10 1'91-'2 A..e..ed V.lu. B... Ye.r T.x Rate County Sh.r. Factor Property Tax Increment pay.ble to COUl'lty on Threshold Rat. (cont'd) ......lIIOC\UJ II12MI J:CIO o 4 .' o , ~ , o o Q II ~ .. - u o 1992-93 Calculation for ~unt in Exce.. of Thre.hold Rat. $ 119,900,000 - 11..250..000 $ 1,650,000 JC l' $ 16,500 :I[ 2..81' $ 4,105.20 x 60t $ 2,463.12 $ 15,892.10 + 2..'3.~2 $ 18,355.22 -1DOC\Qt 01_ J:GO 1992-93 Aa....ed Valu. Adju.ted Aa....ed Value up to Thr..hold Rat. A.....ed Valu. above Threshold Rat. Tax Rat. Property Tax Incr..ent above Thre.hold Rate County Share Factor Property Tax Incr..ent payable to County above Thr..hold Rat. Property Tax Incr...nt payable to County on Thr.shold Rat. Property Tax Incr..ent payable to County abov. Thre.hold Rat. Total Property Tax Incr...nt payable to County for 1992-93 1