County of San Bernardino-1981-23I •·
1
2
3
4
5
6
7
8
9
10
11
12
13
14
., 15
(.!)ti; 16 z ('l ..J -WOl 1# 9 ~ < 17 u.z-.,,u
0 ::i ~ :x: ci :u Oui-Z 18 :.i u -LL. i5 ~>-~U:o:: 19 L!zUJ-< ) ::i > !:! z
0 ~ :t ffi 20 u :> .... Ill o "'z 21 u .... < .,,
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
CSJ:kb
10/8/81
57~161
.·
1l: r7 r c,, II f"/-.Z.3
1 AGREEMENT NO ....
GRANO TERRACE REDEVELOPMENT AGENCY
SETTLEMENT AGREEMENT
..
WHEREAS, the City of Grand Terrace and the Grand Terrace
Redevelopment Agency have crea~ed a pr0ject .known a.s the "Grand
Terrace Commun! ty Redevelopmen~ Project", •nd_ th~·reafter .amended . .
said Project to create the "Revised .. Grand _ Terrace Community . '. -. ; ~-. . : . c·· -~ :' Redevelopment Project• I which Project iricorpor'8.tes; ad~Htional
territory within the City of Grand Terrace into the Revised
Project1 and
WHEREAS, the County of San Berna.rdino has threatened to
file suit against the City of Grand Terrace and. the Grand Terrace
Redevelopment Agency, challenging the validity of such a revised
project and alleged violation by the City of Grand Terrace and
the Grand Terrace Re~evelopmel}.t Agency of a certain a9reement
entered into by and between the City of ·Grand Terrace, Grand
Terrace Redevelopment Agency , the County of San Bernardino, and
the San Bernardino Valley Municipal water Distr.ict; ~nd
WHEREAS, the parties de.sire to settle their diff.erences i.n
the manner set forth herein1
NOW, THEREFORE, BE IT RESOLVED AND AGREED ~y and between
the parties hereto that in consideration o·f the forbearance by
the County of San .Bernardino of filing and prosecuting the
aforesaid legal action, the parties do hereby agree as follows:
1. That the Revised Grand Terrace Community Redevelopment
Plan and its implementing Ordinance (No. 52) shall both be
amended to incorporate the provisions of Exhibit •A" to this
agreement, attached hereto.
2. That a portion of the •tax increment•, as that term is
defined in paragraph V.B.4. of Exhibit "A", which is assessed,
levied and collected within the area included in the Revised
I
I
I I
I I
l I I
I I
\
j
I ~ !
..
. '
"' Cl~ ... z ;:\ ...J -W OI w 0 tr Cl: IL.~.::'t;u :i=>~:ro .1.1 0u(Z :.> tJ - -->->-0 c ,_-ILa: •zUl-<l: ':i>!ilZ
0 ~ ~ffi u :::>r-lll
o "'z CJ ... Cl:
Vl
1579-161
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
.·
Grand Terrace Redevelopment Project, excluding that ' area which
was in the initial Grand Terrace Redevelopment Project, which
would by the terms of paragraph V.B.4 of Exhibit •A•, otherwise
be allocated and paid to the County of San Bern~rdino, acting on
its behalf and on behalf of no other entity, will be paid to the
Revised Grand Terrace Redevelopment Project in an amount set
forth below to aid in the financing and construction of the
following projects which are considered by the parties to be of
regional benefit. Thes~ project~ are:
(a) The installation of traffic signals ,t Mt. Vernon (and
DuBerry and other major intersections south of Barton Road)7
(b) Construction of a regional f .f..-r.e :stati·on1
(c) Development of a commercial area from Main Street to
Barton Road (including a frontage road).
The County financial contribution to any of the
aforementioned projects shall be fifty percent (50%) of the cost
of the specific project as determined by the Board. of Supervisors
of the County of San Bernardino and the Bqard of Supervisors
shall determine the .time and method of payment.
25 The County of San Bernardino will have no obligation to
26 contribute any "tax increment" ~unds to the Grand Terrace
27 Redevelopment Agency, except for the specific projects listed
28 above, and its total contributions shall not exceed one million
29 dollars ($1,000,000.00) over the life of the Revised Grand
30 Terrace Community Redevelopment Project. If the approved County
31 financial contribution, for which the County has received tax
32 increment money, is not paid by the County at the approved time,
33 then the County agrees to pay to Grand Terrace Redevelopment
34 Agency the interest cost, if any, incurred by Grand Terrace
35 Redevelopment Agency to finance, from date of delinquency to date
36 Ill
-2-
I
t
I . I
! !
I I I i i i
, I
I i
i
i
. ~
I i
I ! ;
.. .·
. '
"' "~ .... z ·~ ...J -UJ"' w Oa:e( en ...J I-u
l z 5 Vl -) 5 Ill I 0 ~ u ~ t ~ »->-0 ·1--U.a:
·zUt-c( ) ::::> >-I/) z
0 ~ ~~ u ::>r-l!l
0 Ill z () ... c(
I/)
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
of payment by County, a loan in the amoun t of said delinquent
payme nt .
3. The parties agree that the City of Grand Terrace and the
Grand Terrace Redevelopment Agency may not amend, modify or
change the Revised Grand Terrace Community Redevelopment Project
in a manner whi ch affects the financial provisions set forth i n
this agreement, without the specific approval of the Board of
Su pervisors of the County of San Bernardino .
Dated:
ATTEST:
Dated :
11-s-:.-1 I
ney
\.
1/-.r--tl THE CITY Of' GRli.ND TERRACE REDE-DELOPMENT AGENCY
29 Dated: NOV 2 3 1981 COUNTY OF SAN BEFNA~DINO ----------
30
31
32
33
34 APPRJ VED AS . '.rO FO:qM:
3 5 ALAN K . MARKS
36 Coun ty Counsel
/
By__..'----."-----'-·-·-'-----._
Ch man
-3-
I ..
"' C!!l;j~ Z N ...J -WCI w o er ci; ~:!t;u
; ::>~I: 6 18 u t ~ '>-5-0 1--LLcr z u ... C( ::>>II) z
0 ~~ffi
l) ::> .... Q1
0 Ill z u ... ct II)
711-lfil
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
29
30
31
32
33
34
35
36
,· .. '
It is proposed that Paragraph B ("Tax Increments•) of Article V ("METHODS OF FINANCING THE PROJECT") of said Revised Redevelopment Plan be amended in substantially the form specified as follows:
V. METHODS OF FINANCING THE PROJECT
A. General Description of the Proposed Financing Methods
B. Tax Increments
All taxes levied upon taxable property within the project area each year by or for the benefit of the Stat@ of California, County of San Bernardino, City of Grand Terrace, any district, or public corporation, or other local agency (hereinafter sometimes called "taxing agency"), after the effective date of Ordinance 52 approving these development plan shall , be divided as follows: · ~ ·
l. Tax proceeds coll-ected against the ent-ire assessed valuation of property .with.in a P;roject are:a, ·as a result of a tax levy by or for any sueh taxin9 agency for the purpose of rais~ng tunds to pay the interest and redemption charges on any iridebted~ess approved by the voters within the meaning of Article XIIIA, Section l(b) of the Calif6rnia Constitution, or otherwise authorized or required by law, or any similar tax which may b.ereafter be authorized by law to be levied on property on the basis of assessed valuation, shall be paid over when collected to the taxing agency by which or for which the tax was levied.
2. That portion of the general tax levy authorized pursuant to Article XIIIA, Section l(a) of the California Constitution and Revenue and Taxation Code :s~ction 2237, subsection (b) levied each year by or for or allocated to said taxing agencies upon the total sum of assessed value of taxable property in the Redevelopment Project as shown upon the Assessor's roll used in connection with the taxation of such property by such taxing agency, last equalized prior to the effective date of Ordinance No. 52, shall be allocated to and when collected shall be paid into the funds of the respective taxing agencies as taxes by or for said taxing agencies on all other property are paid. (For the purpose of allocating taxes levied by or for any taxing agency or agencies which does not include the territory of the project on the effective date of such ordinance, but to which such territory is annexed or otherwise included after such effective date, the assessment roll last equalized on the effective date of said
EXHIBIT _''A''
r-
i ! l
\
I i i I
I i
.. . ..
"' Cl I-; z w .. ...J -WOI i:5 9e er
IL z Siil ~ ::> ::> Ill :r 0 .u Out-Z J U-.11.5 i:>-~U:a: l !zu1-cr ) ::> > !3 z
0 ~ ~ ffi u ::> .... Ill
-o "'z (,) ... c{
VI
...
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
29
30
31
32
33
34
35
36
. .
Ordinance No. 52 shall be used in determining the
assessed valuation of the taxable property in the Project Area on the said effective date); and
3. That portion of said levied taxes each year in excess of the amount allocated to other taxing agencies
pursuant to Subparagraphs B.l., B.2., and B.4., plus that amount allocated to the Agency pursuant to Subparagraph B.5 shall be allocated to and when collected shall be paid into a special fund of the Agency to pay the principal o.f apd ,interest ,on. bonds, loans, moneys advanced to, or inaebtedness l~/hlether funded, refunded, assumed or otb~rwise) incurr..ed by the Agency to finance or ref ina~ce in whole oi in part, this Redevelopment Project. Unless and until the total assessed value of the taxable property in the Project exceeds the total '.ass~Jised val).if-_of · the taxable property in the Project as shown by'' the'. last equalized assessment roll referred to in paragraph
4.
(2) hereof, all of the taxes l@vied and collected upon the taxable property in the Project Area shall be paid into the funds of the respeetive ta*ing agencies. When said bonds, loans, advanc-es and indebtedness, if any, and interest thereon, have been paid, all monies thereafter received from taxes upon the taxable property in the Project shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid; and
That portion of all taxes, excepting therefrom those taxes specified in Subparagraph B.1., levied and collected by qr for or allocated to the following named taxing agencies in excess of the amounts speci-fied in Subparagraph B.2. and attributable to increases in assessed values within the Project Area shall be called "tax increment", and shall, when collected, be paid into the funds of those named ~ffected taxing agencies:
Riverside-Corona Resource Conservation District San Bernardino County Flood Control District County of San Bernardino
County of S~n Bernardino, on behalf of the
County Library
County of San Bernardino, on behalf of
County Service Area No. 38
County of San Bernardino, on behalf of the County Superintendent of Schools
City of Grand Terrace
5. That portion of all taxes, excepting therefrom those taxes specified in Subparagraph B.l., levied and collected by or for or allocated to the Colton Joint Unified School District in excess of the amounts
Exhibit nA" --Page 2
···-1
i
l ' I
I i I i ~
I
I
t !
.... . . .. ~
V1
" I-... zw~ ...J -wen
1iS 9 ~ c(
IL. z 5"' ': 05m:i::o ti(.) ~t! ->->-0 l t--LLO:
l zUI-<( ) ::>>!fl z
0 ~ ~ ffi u :> .... Ill
0 V1 z u .... <(
"'
l
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
29
30
31
32
33
34
35
36
.. .. '
' -
specified in Subparagraph B.2. and attributable to increases in assessed values within the Project Area shall be called "tax increment• and shall, when collected, be distributed to the Agency and Colton Joint Unified School District in the following manner:
a. Agency shall receive that portion of the tax increment which is required to pay principal of and interest on indebtedness incurred by Agency, as specified in Subparagraph B.3.~ provided that said portion shall not exceed 42.5% of the tax increment.
b. Colton Joint -Unifi,ed School Dis.trict shall receive the balance of such tax increment.
6. The agency shall make in-lieu pay~~ht to any affected taxing agency equal to any loss of ad valorem tax revenues resulting frOJ!l property wi thiJ'\ the Project Area being removed .fro~ the ' tax tdlls. for ~t least eighteen (18) months by virtue of ownership by Agency.
7. Notwithstanding the provisions of Subparagraph 3 of this Paragraph B, the Auditor-Controller for the County of San Bernardino shall allocate and when collected shall pay directly to the affected taxing agencies and to the Agency said portions of the tax increment as specified in ~ubparagraphs 4 and 5 of this Paragraph B. Such allocation and payment shall be deemed to be an allocation and payment by Agency, pursuant to Section 33401 of the Health and Safety Code.
Tax proceeds received by the Agency pursuant to Subpara-graph 3 and Subparagraph 5.a. of this Paragraph B are hereby irrevocably pledged for the payment of the principal of and interest on the advance of moneys, or making of loans, or the incurring of any indebtedness (whether funded, refunded, or otherwise) by the Agency to finance or refinance the Project in whole or in part.
The Agency is authorized to make such pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Project.
Taxes shall be allocated and paid to the Agency consistent with the provisions of this Plan only to pay the principal of and interest on loans, moneys advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incur red by the Agency to finance or refinance in whole or in part, the Redevelopment Project.
Exhibit "A" --Page 3
I-
... " . ~ .. -
"' Cl t-;; z UJ "' ..J -UJ"' wOa:ct ~ ;;lt;u 5:J~:ro ~8~tt ·>->-0 .,_-u.a: . z (.) t-ct ) :J >II) z
0 t-~a:
u ~ ... ~ o "'z (.) ... ct
Ill
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
29
30
31
32
33
34
35
36
• . ": ...
"· . . .
The number of dollars of taxes which may be divided and allocated to the Agency pursuant to Section 33670 of the Health and Safety Code shall not exceed fifteen million ($15,000,000.00) dollars except by amendment of this Redevelopment Plan.
No loan, advance, or indebtedness to be repaid from such allocations of taxes established or incurred by the Agency to finance in whole or in part the Redevelopment Project shall be established or incurred after twelve (12) years following the date of adoption of Ordinance No. 52 approving and adopting this
Redevelopment Plan. Such loan~ advance or indebtedness may be repaid over a period of time longer than such time limit. Such time limitation may be extended only by amendment of this Redevelopment Plan.
The amount of bonded indebtedness to be repaid, in whole or in part, from such allocation of taxes which can be
outstanding at one time shall not exceed fifteen million dollars ($15,000,000.00), without an amendment .of this Redevelopment
Plan.
~ .. ~ ·. '
Exhibit "A" --Page 4