CC Resolution 2003-117RESOLUTION NO. 2003-117
A RESOLUTION OF THE CITY COUNCIL OF THE ' CITY OF
LA QUINTA, CALIFORNIA, APPROVING THE PROPOSED
TAX SHARING CONTRACTS OFFERED BY THE CITY OF
INDIO FOR THE RELOCATION OF CHAMPION CADILLAC
AND CHAMPION CHEVROLET
WHEREAS, the Champion Cadillac and Champion Chevrolet
dealerships (collectively, "Champion Dealerships") currently operate at 78611
Highway 111 in the City of La Quinta; and
WHEREAS, the City of Indio and the Champion. Dealerships have
stated their intent to enter into financial assistance agreements in order to relocate
the Champion Dealerships to the 1-10 Auto Mall in the City of Indio; and
WHEREAS, on November 14, 2003, the City of Indio delivered to the
City of La Quinta two tax sharing contracts to the City of La Quinta, which the City
of Indio contends comply with Government Code Section 53084; and
WHEREAS, the proposed contracts offered by Indio are attached
hereto as Exhibit "A" (the Championship Chevrolet contract) and Exhibit "B" (the
Championship Cadillac contract);
NOW, THEREFORE, BE IT RESOLVED by thte City Council of the City
of La Quinta, California, as follows:
SECTION 1 The above recitals are incorporated as true and correct
and are hereby adopted as the findings by 'the City Council.
SECTION 2 The City Council hereby approves the proposed Tax
Sharing Contracts for the relocation of the Champion Cadillac and Champion
Chevrolet dealerships, subject to the changes and clarifications, if any, deemed
appropriate by the Acting City Manager and- the City Attorney, and agreed upon by
the City of Indio.
SECTION 3 The City Council authorizes the Acting City Manager to
execute the contracts on behalf of the City of La Quinta.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta City Council held on this 2nd day of December, 2003, by the following vote
to wit:
Resolution No. 2003-117
Approval of Tax Sharing Agreements - Champion Deal erships
December 2, 2003
Page 2
AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Jblqt S. GREEK, CMC, CiiR4rk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
i
M. kATHIERAE JENSO , City Attorney
City of La Quinta, California
AONA'�LD ADO LPHI May
City of La Quinta, California
TAX SHARING CONTRACT
This contract is made this day of , 2003, by and between the
City of Indio ("Indio') and the City of La Quinta ("La Quintal) in compliance with Govt.
Code Section 53084.
Recitals
A. The purpose of this contract is to apportion the sales tax generated from the relocated
Champion Chevrolet dealership ("Dealership's between Indio and La Quinta after the
relocation of such Dealership as required by Govt. Code Section 53084 as it was in effect
on December 31, 2003.
B.This Conract shall be executed by the City of La Quinta on or before December 15,
2003.
Now, therefore, the parties agree as follows.
1. Recitals. The Recitals set out above are true and correct.
2. Definitions: As used herein, the following words shall have the following meanings.
a. Fiscal Year. "Fiscal Year" shall mean each city's fiscal year,
which commences on July 1 and ends on June 30.
b. Oualified Business. "Qualified Business" shall mean the operation
of the Dealership.
c. Ouarter. "Quarter" shall mean any one of the three (3) month
Periods commencing July I. October 1, January 1 or April 1.
d. "Relocation." "Relocation" shall mean the date on which
Dealership reopens to the public and commences the sale of
vehicles after physically removing its operations from La Quinta
and reopening in Indio. It shall not include such time as both
locations remain open.
e. Sales Tax. "Sales Tax" means, for each Quarter during the term of
the Indio's tax sharing obligations hereunder, that portion of taxes
received by Indio from the imposition of the Bradley -Burns
Uniform Local Sales and Use Tax Law (commencing with Section
7200 of the California Revenue & Taxation Code) directly from
the operation of the Qualified Business on the Property, prorated in
the first and last Quarters during the term of this Agreement based
upon the number of days in such partial Quarters. For .purposes of
this Agreement, the term "Sales Tax" shall not include the State
Board of Equalization's administrative and processing fee
attributable to Indio's portion of such taxes (calculated at the same
percentage of such taxes as applies citywide). In addition, "Sales
Tax" shall not be deemed received by Indio until the Indio is able
to confirm receipt of such taxes from the State Board of
Equalization. If California state law changes during the term of
this Agreement so as to materially alter the method by which sales
tax revenues are allocated among jurisdictions, then the parties
shall negotiate in good faith modifications to this Agreement to
carry out its intended economic costs and benefits to each party.
3. Term: The term of this contract shall commence on the date of Relocation; the fiscal
year in which Relocation occurs shall be the first fiscal year hereof and this contract
thereafter shall continue for a total of 10 fiscal years, after which time it shall terminate
and be of no further force and effect. (By way only of example, if the contract
commences on July 1, 20051, it will terminate on June 30, 2015). The contract may be
extended on the same terms and conditions by the written agreement of both parties.
The contract shall terminate immediately, before the end and regardless of the 10-year
term, if the Dealership closes or otherwise ceases to sell vehicles to the public.
4. Determination of Tax Sharing:
a. Amount of Sales Tax. In June of each fiscal year, and annually
thereafter for the term of this contract, commencing with the fiscal
year in which the Relocation occurs, Indio shall determine the
amount of Sales Tax.
b. Financial Assistance Amount. Indio then shall subtract from the
amount of Sales Tax the amount of financial assistance provided to
__the Dealership pursuant to the Financial Assistance Agreement
between Indio and Dealership dated December 30, 2003 for that
fiscal year. (the "Financial Assistance Amount").
C. Sales Tax Share. The Sales Tax remaining after the calculation in
(A) shall be divided evenly between Indio and La Quinta. The
amount to be paid to La Quinta's share shall be compared to the
amount of sales tax that La Quinta received from the Dealership in
the 2003-2004 year (the fiscal year prior to Relocation) (the "base
sales tax.') La Quinta shall receive a share of the Sales Tax which
is the same as or less than the base sales tax (the "Sales Tax
Share"). Prior to the first fiscal year in which the Sales Tax Share
will be determined, La Quinta shall provide to Indio the amount of
base sales tax for the fiscal year prior to Relocation and supporting
documentation therefore.
d. Payment of the Sales Tax Share. The Sales Tax Share shall be paid
to La Quinta promptly and shall be accompanied by a summary of
the formula used to reach the amount paid.
e: Notwithstanding anything herein to the contrary, in no event shall
Indio be required to pay La Quinta any amount from any funds
other than from Sales Tax or any amount of any kind in any fiscal
year in which no Sales Tax is received or the amount of the Sales
Tax minus the Financial Assistance Amount is zero (0) or less.
6. Miscellaneous.
a. Headings and Captions. The headings and captions in this
contract are for convenience only and shall not be referred to in the
interpretation of this Agreement.
b. Waiver. The failure of any Party to exercise any power given it
hereunder or to; insist upon strict compliance with the terms of this
contract shall not constitute a waiver of that Party's right to
demand exact compliance with the terms hereof. Waiver by a Party
of any particular default by the other shall not affect or impair its
rights with respect to any subsequent defaults of the same or of a
different kind; nor shall any delay or omission by a Party to
exercise any rights arising from any default affect or impair its
right as to such default or any future default. Any consent or
waiver by a party with respect to a breach by the other party,
whether express or implied, shall not constitute consent to, waiver
of, or excuse for, any other different or subsequent breach. Failure
by a party to enforce a provision of this contract at any time shall
not be construed as a waiver of that provision.
C. Severance. Should any part of this Agreement be declared invalid
or unenforceable for any reason, it shall be adjusted rather than
voided, if possible, to achieve the intent of the Parties. If such part
is determined to be invalid and/or unenforceable any remainder of
such provision, and of the entire Agreement, shall remain in full
force and effect.
d. Entire Agreement. This contract contains the entire agreement
between the Parties. Any and all verbal or written agreements
made prior to the date of this Agreement are superseded by this
Agreement and shall have no further effect. No modification or
change to the terms of this contract will be binding on a Party
unless in writing and signed by an authorized representative of that
Party.
f. Authorization. The persons executing this Agreement on behalf of the
Parties hereby warrant that they have the authority and are duly
authorized and are duly authorized to execute this Agreement on
behalf of the Party they purport to represent and can bind that Party to
this Agreement.
IN Witness Whereof, the parties have executed this Agreement effective as of
, 2003. -
TAX SHARING CONTRACT
r--
r This contract is made this day of , 2003, by and between the
F
City of Indio ("Indio') and the City of La Quinta ("La Quinta") in compliance with Govt.
Code Section 53084.
Recitals
A. The purpose of this contract is to apportion the sales tax generated from the relocated
Champion Cadillac dealership ("Dealership's between Indio and La Quints after the
relocation of such Dealership as required by Govt. Code Section 53084 as it was in effect
on. December 31, 2003.
B.This Conract shall be executed by the City of La Quintaon or before December 15,
2003.
Now, therefore, the parties agree as follows.
1. Recitals. The Recitals set out above are true and correct.
2. Definitions: As used herein, the following words shall have the following meanings.
a. Fiscal Year. "Fiscal Year" shall mean each city's fiscal year,
which commences on July 1 and ends on June 30.
b. Oualified Business. "Qualified Business" shall mean the operation
of the Dealership.
C. :._ er. "Quarter" shall mean any one of the three (3) month
periods commencing July 1, October 1, January 1 or April 1.
d. "Relocation." "Relocation" shall mean the date on which
Dealership reopens to the public and commences the sale of
vehicles. after physically removing its operations from La Quinta
and reopening in Indio. It shall not include such time as both
locations remain open.
e. Sales Tax. "Sales Tax" means, for each Quarter during the term of
the Indio's tax sharing obligations hereunder, that portion of taxes
received by Indio from the imposition of the Bradley -Bums
y Uniform Local Sales and Use Tax Law (commencing with Section
7200 of the California Revenue & Taxation Code) directly from
the operation of the Qualified Business on the Property, prorated in
the first and last Quarters during the term of this Agreement based
upon the number of days in such partial Quarters. For purposes of
this Agreement, the term "Sales Tax" shall not include the State
Board of Equalization's administrative and processing fee
attributable to Indio's portion of such taxes (calculated at the same
percentage of such taxes as applies citywide). In addition, "Sales
Tax" shall not be deemed received by Indio until the Indio is able
to confirm receipt of such taxes from the State Board of
Equalization. If California state law changes during the term of
this Agreement so as to materially alter the method by which sales
tax revenues are allocated among jurisdictions, then the parties
shall negotiate in good faith modifications to this Agreement to
carry out its intended economic costs and benefits to each party.
3. Term: The term of this contract shall commence on the date of Relocation; the fiscal
year in which Relocation occurs shall be the first fiscal year hereof and this contract
thereafter shall continue for a total of 10 fiscal years, after which time it shall terminate
and be of no further force and effect. (By way only of example, if the contract
commences on July 1, 2005, it will terminate on June 30, 2015). The contract may be
extended on the same terms and conditions by the written agreement of both parties.
The contract shall terminate immediately, before the end and regardless of the 10-year
term, if the Dealership closes or otherwise ceases to sell vehicles to the public.
4. Determination of Tax Sharing:
a. Amount of Sales Tax. In June of each fiscal year, and annually
thereafter for the term of this contract, commencing with the fiscal
year in which the Relocation occurs, Indio shall determine the
amount of Sales Tax.
b. Financial Assistance Amount. Indio then shall subtract from the
amount of Sales Tax the amount of financial assistance provided to
the Dealership pursuant to the Financial Assistance Agreement
between Indio and Dealership dated December 301, 2003 for that
fiscal year (the "Financial Assistance Amount").
c. Sales Tax Share. The Sales Tax remaining after the calculation in
(A) shall be divided evenly between Indio and La Quinta. The
amount to be paid to La Quinta's share shall be compared to the
amoun es tax that La Quinta received from the Dealership in
the 03-200 year (the fiscal year prior to Relocation) )(the "base
sales tax:") a Quinta shall receive a share of the Sales Tax which
is the same as or less than the base sales tax (the "Sales Tax
Share"). Prior to the first fiscal year in which the Sales Tax Share
will be determined, La Quinta shall provide to Indio the amount of
base sales tax for the fiscal year prior to Relocation and supporting
documentation therefore.
d. Payment of the Sales Tax Share. The Sales Tax Share shall be paid
to La Quinta promptly and shall be accompanied by a summary of
the formula used to reach the amount paid.
e. , Notwithstanding anything herein to the contrary, in no event shall
Indio be required to pay La Quinta any amount from any . funds
other than from Sales Tax or any amount of any kind in any fiscal
year in which no Sales Tax is received or the amount of the Sales
Tax minus the Financial Assistance Amount is zero (0) or less.
6. Miscellaneous.
a. Headings and Captions. The headings and captions in this
contract are for. convenience only and shall not be referred to in the
interpretation of this Agreement.
b. Waiver. The failure of any Party to exercise any power given it
hereunder or to insist upon strict compliance with the terms of this
contract shall not constitute a waiver of that.Party's right to
demand exact compliance with the terms hereof. Waiver by a Party
of any particular default by the other shall not affect or impair its
rights with respect to any subsequent defaults of the same or of a
different kind; nor shall any delay or omission by a Party to
exercise any rights arising from any default affect or impair its
right as to such default or any future default. Any consent or
waiver by a party with respect to a breach by the other party,
whether express. or implied, shall not constitute consent to, waiver
of, or excuse for, any other different or subsequent breach. Failure
by a party to enforce a provision of this contract at any time shall
not be construed as a waiver of that provision.
C. Severance. Should any part of this Agreement be declared invalid
or unenforceable for any reason, it shall be adjusted rather than
voided, if possible, to achieve the intent of the Parties. If such part
is determined to be invalid and/or unenforceable any remainder of
such provision, and of the entire Agreement, shall remain in full
force and effect.
d. Entire Agreement. This contract contains the entire agreement
between the Parties. Any and all verbal or written agreements
`made prior to the date of this Agreement are superseded by this
Agreement and shall have no further effect. No modification or
change to the terms of this contract will be binding on a Party
unless in writing and signed by an authorized representative of that
Party.
f. Authorization. The persons executing this Agreement on behalf of the
Parties hereby warrant that they have the authority and are duly
authorized and are duly authorized to execute this Agreement on
behalf of the Party they purport to represent and can bind that Party to
this Agreement.
IN Witness Whereof, the parties have executed this Agreement effective as of
2003