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4 - SA - AGMT - TAXING ENTITIES
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4 - SA - AGMT - TAXING ENTITIES
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2/12/2015 5:42:00 PM
Creation date
2/12/2015 5:39:10 PM
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City Clerk
Doc Type
Agenda Packet
Item #
4
Date
2/17/2015
Destruction Year
2020
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Note: Same agreement will be <br />EXHIBIT 1 <br />used for: <br />Santa Ana Unified School <br />District <br />AGREEMENT RE INDEMNITY, WAIVER AND RELEASE <br />Orange Unified School District <br />Rancho Santiago community <br />REGARDING <br />college District <br />PASS THROUGH OBLIGATIONS <br />This Agreement Re Indemnity, Waiver and Mutual Release Regarding Pass Through <br />Obligations ( "Agreement ") is made and entered into as of 2015, by and among <br />the Successor Agency to the Community Redevelopment Agency of the City of Santa Ana <br />( "Successor Agency "), and Santa Ana Unified School District ( "Taxing Agency "). Successor <br />Agency and Taxing Agency may be referred to singularly as a "Party" and collectively as the <br />"Parties." <br />RECITALS <br />A. Prior to February 1, 2012, the Community Redevelopment Agency of the City of <br />Santa Ana (herein referred to as the "Former Agency ") was a community redevelopment agency <br />duly organized and existing under the California Community Redevelopment Law (Health and <br />Safety Code Section 33000, et seq,) (the "Redevelopment Law "), and was authorized to transact <br />business and exercise the powers of a redevelopment agency pursuant to action of the City <br />Council of the City of Santa Ana. <br />B. Assembly Bill lx 26, chaptered and effective on June 28, 2011, added Parts 1.8 and <br />1.85 to Division 24 of the California Health and Safety Code, which caused the dissolution of all <br />redevelopment agencies and winding down of the affairs of former agencies, including as such <br />laws were amended by Assembly Bill 1484, chaptered and effective on June 27, 2012 (together, <br />the "Dissolution Act"). <br />C. As of February 1, 2012 the Former Agency was dissolved pursuant to the <br />Dissolution Act and the Successor Agency serves as the successor agency to the Former Agency. <br />D. The Successor Agency administers the enforceable obligations of the Former <br />Agency and otherwise unwinds the Former Agency's affairs, all subject to the review and approval <br />by a seven- member oversight board ( "Oversight Board "). <br />E. The Former Agency was obligated to make certain statutory pass through payments <br />to the Taxing Agency pursuant to Health and Safety Code Section 33607,5 and Section 33607.7 <br />( "Tax Sharing Payments "). <br />F. Upon dissolution of the Former Agency; the Tax Sharing Payments were calculated <br />and disbursed by the Orange County Auditor-Controller ( "CAC "). <br />G. The Taxing Agency alleges that the Former Agency incorrectly calculated the Tax <br />Sharing Payments, resulting in past -due, retroactive Tax Sharing Payments owed to the Taxing <br />Agency and other affected taxing agencies ( "Taxing Agency Allegations "). <br />H. The Taxing Agency hired a consultant to calculate the Tax Sharing Payments the <br />Taxing Agency alleges are owed to the Taxing Agency and other affected taxing agencies; such <br />payments are set forth on Exhibit A, attached hereto and incorporated herein, and are referred to <br />as the "Payments." The Successor Agency has not independently verified the calculations of the <br />M <br />
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