HomeMy WebLinkAbout00153C - RIVERSIDE CO FLOOD CONTROL PA8 COOPERATION AGREEMENT
1 BETWEEN THE RIVERSIDE COUNTY FLC Riverside Cnty Flood Control
AND WATER CONSERVATION DIS7 & Water Conservation District
2 THE CITY OF PALM SPRING for Baristo-Farrell , PA#8
AND AGREEMENT #153
Resolution 426, 5-7-86 3 n
o a) c�
3 PALM SPRINGS REDEVELOPMENT
4 THIS AGREEMENT is entered into on the day of
5 1986, by and between the RIVERSIDE COUNTY FLOOD (D C:)
C0 w W -i
me w
6 CONTROL AND WATER CONSERVATION DISTRICT, a public agency n� x
m
7 ( "District" ) , and the PALM SPRINGS REDEVELOPMENT AGENCY, a public
v
8 body ( "Agency" ) , and THE CITY OF PALM SPRINGS, a municipal w
1
9 corporation ( "City" ) . h
z
10 WHEREAS, City and Agency have adopted the Redevelopment Plan - _ -
11 for the Earisto-Farrell Redevelopment Project ( "Project" )
12 pursuant to the California Community Redevelopment Law (Health
13 and Safety Code Section 33000, et seq. ) ;
14 WHEREAS, District is an affected taxing entity which has
15 general purpose and special bonded indebtedness ad valorem
16 property taxes levied on its behalf by Riverside County' s
17 Assessor on all of the property located in the proposed project
18 area in Fiscal Year 1985-86 ;
19 WHEREAS, District has submitted to the Agency objections
20 regarding the detrimental financial impact the Project will have
21 on the District;
22 WHEREAS, City and Agency have found and determined that there
23 is substantial evidence to support their finding of detrimental
24 financial impact for the District and it would be appropriate to
25 alleviate any financial burden or detriment caused to District by
26 the Project by authorizing payment to District of certain monies ;
27
28
- 1 -
I
1 WHEREAS, Agency and City desire to resolve and settle once
2 and for all times, all present, past and future controversies,
3 claims, causes of action, or purported causes of action,
differences or disputes , both real and potential, arising against
5 Agency and City in relation to the Project and the Plan; and
6 WHEREAS, District, City and Agency, in consideration of the
7 mutual undertaking, desire to settle their differences and
8 cooperatively provide for the redevelopment of certain areas of
9 the City. This Agreement is a compromise and settlement of
10 claims and liabilities alleged by District in relationship to the
11 Project.
12 NOW, THEREFORE, in consideration of the foregoing and the
13 mutual promises and covenants contained herein, the parties
14 hereto agree as follows :
15 Section 1 . Definition
16 (a) "District" shall mean the Riverside County Flood Control
17 and Water Conservation District, a political subdivision of the
18 State of California.
19 (b) "City" shall mean the City of Palm Springs, a municipal
20 corporation.
21 (c) "Agency" shall mean the Palm Springs Redevelopment
22 Agency.
23 (d) "Project" and "Project Area" shall mean the specific
24 geographical area and redevelopment activities as set forth in
25 the Redevelopment Plan for the Baristo-Farrell Redevelopment
26 Project.
27
28
2 -
111
(e) "Project Improvements" shall mean the specific
2
improvements as set forth in the "Revised Master Drainage Plan
3
for the Palm Springs Area" and identified in Exhibit A which is
4
attached hereto and by this reference is incorporated herein.
51
( £) "Tax Increment" shall mean that portion of property
6
taxes resulting from the increase in assessed evaluation in the
7
Project Area over the base year assessed evaluations in the
8
Project Area, as defined in Section 33670 of the Health and
9
Safety Code. "Tax Increment" shall refer to those taxes raised
10
as a result of the 1% levy allowed under ARTICLE XIIIA of the
11
Constitution of the State of California . "Tax Increment" as
12
referred to in this Aq_reement, shall not include those taxes
13
levied in excess of the 1% general levy.
14
(g) "District Share" shall mean that portion of "Tax
15
Increment" as computed by the County Auditor-Controller in
16
accordance with the applicable provisions of the Revenue and
17
Taxation Code of the State of California, and District' s
18
Resolution No. F86-5, which is attached hereto, marked as Exhibit
19
B, and by this reference incorporated herein.
20
Section 2. Distribution of Tax Increment
21
Tax Increment shall be allocated by Riverside County
22
Auditor-Controller as follows, subject to the limits of Section
23
33675 (d) of the Health and Safety Code:
24
(a) For the initial six (6) years following the date of
25
adoption of the Redevelopment Plan, the Agency is to receive one
26
hundred percent (1000 ) of the District' s Share.
27
28
3 -
1 (b) Commencing in the seventh year following the date of
2 adoption of the Plan, the Agency is to receive fifty percent
3 I ( 50% ) of the District ' s Share, the balance is to be paid to the
4 District.
5 (c) In no event is the District ' s Share of accumulated Tax
6 Increment to be distributed to the Agency to exceed the actual
7 cost for the engineering, administration and construction of the
8 Project Improvements . The District will prepare annually a
9 statement that will set forth the projected and actual cost for
10 engineering, administration and construction of the Project
11 Improvements that will be distributed to both the Agency and the
12 Auditor-Controller.
13 (d) District may augment the Agency' s funds for completion
14 of the Project Improvements with Zone 6 ad valorem taxes, Zone 6
15 benefit assessment revenues, developer fees or other sources that
16 may be made available to construct the Project Improvements .
17 Should District make such an augmentation, an equivalent amount
18 will be credited toward to the District ' s Share of Accumulated
19 Tax Increment that is to be distributed to the Agency.
20 (e) District is to receive one hundred percent ( 100% ) of its
21 share when any of the following occurs :
22 1. The expiration or termination of the Redevelopment
23 Plan,
24 2 . Agency has received an amount equivalent to that set
25 forth in subsection (c) above.
26 The determination of the amounts allocable pursuant to this
27 Section 2 shall accommodate the following three principles, which
28
A _
i
i
1I
ishall control in the event of any conflict between the principles '
gland any other provision of this Agreement . The principles are as
follows : First , the parties intend that the calculation of the
41Agency' s share of increments assumes that the provisions of
5
. Section 33334 . 2 will be applied only to those funds ultimately
6
; received by the Agency , and not those passed-through by the
7I
, Agency to the District or any other public agency. In the event
8
( that the set-aside provision is found to be applicable to all Tax
9
, I
ncrements generated by the Project , the District and the Agency
10
! agree to adopt appropriate amendments to this Agreement so that
11
the Agency will receive as its share of increments an amount
12 '
( calculated as if the set-aside were not applicable to passed-
13
through funds . Second , under no circumstances is the District to
14
receive for any year (by virtue of this Agreement) payments in
15
excess of the amount of property tax revenues which would have
16
been received by the District if all the property tax revenues
17
( from the Project Area had been allocated to all the affected
18 ,
; taxing agencies without regard to any division of taxes pursuant
19
to Health and Safety Code Section 33670 . Third , the District
20
ishall not be allocated funds where the effect would be to violate
21
the District' s expenditure limitation under ARTICLE XIII .B of the
22
California Constitution .
23
Section 3 . Scheduling of Project Improvements
24
( a) By the conclusion of the tenth year following the date
25
of the adoption of the Redevelopment Plan , the Agency is to have
26
expended 75% of the District Share accumulated by the
27
28
- 5 -
i
1 Agency toward the engineering , administration , and construction
i
2 '1of the Project Improvements .
3 (b) By the conclusion of the twentieth year following the j
4 . date of the adoption of the Redevelopment Plan , the Agency is to
5 ' have expended 75A of the District Share accumulated by the Agency
6I'Itoward the engineering , administration , and construction of the
7lProject Improvements .
8 ( c) By the conclusion of the thirtieth year following the
9date of the adoption of the Redevelopment Plan , the Agency will
10 have expended 100n of the District Share accumulated by the
11 ! Agency toward the engineering , administration , and construction
12of the Project Improvements .
13 ( d) At the conclusion of the tenth , twentieth and thirtieth
14 years following the date of adoption of the Redevelopment Plan ,
15 the Agency shall demonstrate to the District , compliance with
16iSection 3 ( a) , (b) , and ( c) above.
17 Section 4 . Construction of Project Improvements
18 The District shall supervise and approve the design and
19 � construction of the Project Improvements and , upon completion of
I
20 said Project improvements , shall assume responsibility for
21 maintenance of the Project Improvements .
22 Section 5 . Modification and Termination
23 If, after this Agreement is executed , State enacts laws or
24 policies in conflict with all or any portion of this Agreement ,
25 Agency and District may mutually agree to excuse performance of
26 all or any portion of this Agreement by Agency or District . In
27 the event any section or portion of this Agreement shall be held ,
28
6 -
1lfound or determined to be unenforceable or invalid for any reason
2 whatsoever , the remaining provisions shall remain in effect , and
3 '' the parties thereto shall take further actions as may be
4 reasonably necessary and available to them to effectuate the
5 ' intent of the parties as to all provisions set forth in this
6 ( Agreement .
7 Section 6 . Effective Date and Term
8 1 This Agreement shall become effective upon the date of
9 ; execution of this Agreement and shall remain in effect during the
10iterm of the Redevelopment Plan .
111 Section 7 . Entire Agreement
12I This Agreement constitutes the entire , complete and final
i
13 expression of agreements between the parties .
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 7 -
JIN WITNESS WHEREOF, the parties have executed this Agreement
2 on the day and year first written above.
3
RIVERSIDE COUNTY FLOOD CONTROL
d_ AND WATER CONSERVATION DISTRICT
ATTEST:
5
GERALD A. MALONEY, Clerk fI '
6 BBY
ry 1 , "hairman, Bo rd of Supervisors
8 Deputy
9
CITY OF PALM SPRINGS
10 ATTEST:
By
12 JUDITH SUMICH NORMAN R. KING
City Clerk City Manager
13
14
PALM SPRINGS REDEVELOPMENT AGENCY
15 ATTEST:
By
17 Ass Secretary Th l-t
18
FORM APPROVED
19 Attachment S1P(/D OOUNTr COUNSEL
20 AGRMT183 .MASTER
21jr ( ;7 ipY/�,t�V�
22 (�
i
23
-
24 'wua y aol
25
26
27
28
- 8 -
Lld- - I - ---- � Llejo qqq Lh:yl-;IIU I.
F Project Area Boundary
7
rn
q �,� �Project Improvements
n 1' :: 1000, (Portions of facilities proposed by:
L. "Revised Master Drainage Plan for
-1 _._ � the Palm Springs Area" November 1982)
d rl
Tahquitz McCallum
LATE2AL RA
I
o 1 - z m
M1 Fn `�
- l
_ I 2
ell
J -r7 CID (D '
Ramon LATE¢Al- 7UD I LINE2D ili J• L� ,Ui_JP',
,f� f-1f_T Tl•T /-f•T1;�. �} ;'�,,'^�;'1�-"�.
J < i •.« ....-,lii 11 h
li I
— - - - --• ---_- -- __---_ -- k3 -��—,wa----
BARISTO-FARRELL REDEVELOPMENT PROJECT
Exhibit $
BOARD OF SUPERVISORS RIVERSIDE COUNTY FLOOD CMtTPOL
1 ACID WATER CONSERVA=ION DISTRICT
9
3
RESOLUTION NO. F86-5
4I
5 ELECTING TO RECEIVE INCREME"L PROPERTY TAX
6 REVENJES AS PROVIDED FOR BY SECTTION 33676
7 OF THE CALIFORNIA HEALTH AND SAFETY CODE
8 WHEREAS , Section 33676 of the California Health and
9 Safety Code provides for the Board of Supervisors of the Riverside
10 County Flood Control and slater Conservation District as the
11 governing board of an affected taxing agency to make certain
12
elections regarding the receipt of incremental property tax
13 revenues to be derived from a proposed redevelopment area ; and
14 WHEREAS, the City of Palm Springs and the Redevelopment
15 Agency for the City of Palm Springs are considering adopting a
16 Redevelopment Plan and have designated a project area for the
17 Baristo-Farrell Redevelopment Project and said Plan provides for
18 tax increment financing pursuant to Section 33670 of the
19 California Health and Safety Code ; and
20 LTHEREAS, Section 33676 of the California Health and
21 Safety Code requires said election to be made by --he Board of
22 Supervisors prior to the City of Palm Springs and the
23 Redevelopment Agency adopting the Plan for the Baristo-Farrell
24 Redevelopment Project ; and
25
WHEREAS, the Riverside County Flood Control and Water
26 Conservation District has not entered into an agreement with the
27
City of Palm Springs and the Redevelopment Agency for the City of
28
GM LDJ GEERLI?'GS 1
COL6tiry Col 1"5_L
SUrTE 3 kl
3E3S 10'T SME`_T
RI'JFRSTE CA,., O°flH
I
1 Paln Springs pursuant to Section 33401 of the California Health
2 and Safety Code ; Now, therefore ,
3 BE IT RESOLVED, FOUND AND DETERMINED by the Board of
Supervisors of the Riverside County Flood Control and 'eater
5
Conservation District , State of California, in regular session
6 assembled on February 25, 1986, that :
7 The Riverside County Flood Control and Water Conservation
8 District elects to receive that portion of property tax revenues
9 that would otherwise be allocated to the Redevelopment Agency of
10 the City of Palm Springs pursuant to subdivision (b ) of Section
11 33670 of the California Health and Safety Code for the
12 Baristo-Farrell Redevelopment Project that are attributable to the
13 following :
14 1 . Increases in the rate of tax imposed for the
15 benefit of the Riverside County Flood Control and water
16 Conservation District which levy occurs after the tar.
17 year in which the ordinance adopting the Redevelopment
18 Plan for the Baristo-Farrell Redevelopment Project
19 becomes effective ; and
20
21
22
23
24
25
26
27
28
ERALDJ GEERUNGS 2
COUNT"COIJNSE�
SUFE 300
515 :OTM STREET _
1 2. Increases in the assessed value of the taxable
`J
property in the Baristo-Farrell Redevelopment Project
3 area, as the assessed value is established by the
assessment roll laso equalized prior to the effective
5 date of the ordinance adopting the Redevelopment Plan for
6 the Baristo-Farrell Redevelopment Project pursuant to
7 subdivision ( a ) of Section 33670 of the California Health
8 and Safety Code, which are , or otherwise would be,
9 calculated annually pursuant to subdivision ( f ) of
10 Section 110 . 1 of the California Revenue and Taxation Code.
11
12
13
lL_
^iJD:bb
15 1/24/86
16
17
18
19
20
21
22
23
24
25
26
27
28
3
J
GEAR LD J.GEEAIJS GS
COU]'TYCOUN.S-
RHEA&
3i3i WTHINEET