HomeMy WebLinkAbout00156C - CV COMMUNITY COLLEGE DISTRICT PASSTHRU PA8 C.V. Community College Distr
passthru agr for Bar isto-
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AGREEMENT #156
AGREEMENT FOR COOPERATION BETWEL Resolution 429, 6-4-86
THE COACHELLA VALLEY COMMUNITY COLLEGE DISTRICT --
AND THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS
1 . PARTIES AND DATE
1 . 1 THIS AGREEMENT ENTERED INTO IN THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THIS 5th DAY OF June r
1986 BETWEEN THE COACHELLA VALLEY COMMUNITY COLLEGE DISTRICT, A PUBLIC
AGENCY (COLLEGE) , AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF PALM SPRINGS, A PUBLIC BODY (AGENCY ) .
2 . RECITALS
2. 1 AGENCY IS PROPOSING TO UNDERTAKE A PROGRAM UNDER THE
CALIFORNIA COMMUNITY REDEVELOPMENT LAW (HEALTH AND SAFETY CODE SECTION
33000 ET SEQ) KNOWN AS THE BARISTO-FARRELL REDEVELOPMENT PROJECT
(PROJECT) FOR THE REDEVELOPMENT, DEVELOPMENT, REPLANNING AND REDESIGN
OF BLIGHTED AREAS WITHIN THE CITY WHICH ARE STAGNANT, IMPROPERLY
UTILIZED , AND UNPRODUCTIVE BECAUSE OF DEFECTIVE OR INADEQUATE STREET
LAYOUT, FAULTY LOT LAYOUT IN RELATION TO SIZE, SHAPE, ACCESSIBILITY,
OR USEFULNESS, OR FOR OTHER CAUSES AND BECAUSE THE AREA REQUIRES
REPLANNING FOR RECLAMATION OR DEVELOPMENT IN THE INTEREST OF THE
GENERAL WELFARE BECAUSE OF VARIOUS REASONS .
2. 2 THE COLLEGE IS IN RECEIPT OF ORDINANCE NO. 1264 ADOPTED
BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, ON MAY 7,
, 1986 AUTHORIZING THE REDEVELOPMENT OF AN AREA WITHIN THE TERRITORIAL
LIMITS OF THE CITY OF PALM SPRINGS BY THE AGENCY.
2 . 3 THE AGENCY HAS FOUND AND DECLARED THAT THERE EXISTS IN
THE CITY OF PALM SPRINGS BLIGHT AREAS WHICH ARE CHARACTERIZED BY ONE
OR MORE OF THOSE CONDITIONS SET FORTH IN SECTIONS 33031 AND 33032,
CAUSING A REDUCTION OF, OR LACK OF, PROPER UTILIZATION OF THE AREA TO
SUCH AN EXTENT THAT IT CONSTITUTES A SERIOUS PHYSICAL, SOCIAL, AND
ECONOMIC BURDEN ON THE COMMUNITY WHICH CANNOT REASONABLY BE EXPECTED
TO BE REVERSED OR ALLEVIATED BY PRIVATE ENTERPRISE ACTING ALONE.
2. 4 AS DEFINED IN SECTION 33353. 2, THE COLLEGE IS AN
AFFECTED TAXING ENTITY WHICH HAD BONDED INDEBTEDNESS AND GENERAL
PURPOSE PROPERTY TAXES LEVIED ON ITS BEHALF BY THE COUNTY OF RIVERSIDE
ON ALL OF THE PROPERTY LOCATED IN THE PROPOSED REDEVELOPMENT PROJECT
AREA IN FISCAL YEAR 1985-1986.
2 . 5 THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW AUTHORIZED
REDEVELOPMENT AGENCIES TO PAY TO ANY TAXING AGENCY WITH TERRITORY
LOCATED WITHIN A PROJECT AREA OTHER THAN THE COMMUNITY WHICH HAS
ADOPTED THE PROJECT, ANY AMOUNTS OF MONEY WHICH IN THE AGENCY
DETERMINATION IS APPROPRIATE TO ALLEVIATE ANY FINANCIAL BURDEN OR
DETRIMENT CAUSED TO ANY TAXING AGENCY BY A REDEVELOPMENT PROJECT.
2. 6 COLLEGE HAS SUBMITTED OBJECTIONS AND HAS SUBSTANTIATED
BY DATA AND INFORMATION SUBMITTED TO THE AGENCY THE EXTENT AND SCOPE
OF THE PROJECT'S FINANCIAL IMPACT ON THE COLLEGE.
2. 7 COLLEGE AND AGENCY WISH TO ENTER INTO A COOPERATIVE
AGREEMENT BETWEEN THEMSELVES TO PROVIDE MUTUAL AID AND ASSISTANCE IN
THE REDEVELOPMENT, DEVELOPMENT AND PHYSICAL IMPROVEMENTS OF CERTAIN
AREAS OF THE PROJECT AREA THROUGH THE CONSTRUCTION AND INSTALLATION OF
PUBLIC SCHOOL FACILITIES, BUILDINGS AND STRUCTURES OR OTHER
IMPROVEMENTS INCLUDING PLANNING AND ENGINEERING COSTS DIRECTLY RELATED
TO SUCH CONSTRUCTION AND INSTALLATION, HEREINAFTER COLLECTIVELY
REFERRED TO AS "PUBLIC SCHOOL FACILITIES" , AND AGENCY AND COLLEGE HAVE
A COMMON INTEREST IN AND WISH TO FACILITATE REDEVELOPMENT AND TO
PROVIDE FOR THE COOPERATION OF COLLEGE AND AGENCY IN CARRYING OUT THE
REDEVELOPMENT ACTIVITIES, GOALS AND OBJECTIVES SET FORTH IN THE
REDEVELOPMENT PLAN.
2 . 8 COLLEGE AND AGENCY RECOGNIZE THE NEED TO PROVIDE
ADEQUATE PUBLIC SCHOOL FACILITIES TO SERVE THE PROJECT OR THE
IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED IN ORDER TO
ASSIST IN ELIMINATING BLIGHTING CONDITIONS AND HAVE DETERMINED THAT
SUCH FACILITIES, BOTH IN AND OUT OF THE PROJECT AREA, ARE OF PRIMARY
BENEFIT TO THE PROJECT AREA OR THE IMMEDIATE NEIGHBORHOOD IN WHICH THE
PROJECT IS LOCATED AND THAT REDEVELOPMENT FINANCING IS THE ONLY MEANS
OF FINANCING ALL OR A PORTION OF THE REHABILITATION, CONSTRUCTION, AND
RECONSTRUCTION OF SUCH PUBLIC SCHOOL FACILITIES IN CONJUNCTION WITH
OTHER AVAILABLE COLLEGE FINANCING.
2. 9 AGENCY HAS FOUND AND DETERMINED THAT IT WOULD BE IN THE
BEST INTEREST OF THE AGENCY TO PARTICIPATE WITH THE COLLEGE BY
PLEDGING A PORTION OF ITS TAX INCREMENT REVENUE TO THE COLLEGE AS
PROVIDED IN SECTIONS 33401 AND 33445 TO BE USED FOR THE
REHABILITATION, CONSTRUCTION AND RECONSTRUCTION OF PUBLIC SCHOOL
FACILITIES AND BY OTHERWISE EXPANDING AND IMPROVING THE COMMUNITY'S
PUBLIC SCHOOL FACILITIES.
2. 10 IT IS THE INTENT AND DESIRE OF THE COLLEGE AND AGENCY
TO EXPEDITE AND FACILITATE THE IMPLEMENTATION OF ELIGIBLE PROJECTS BY
THE COLLEGE WHICH ARE INSIDE OR OUTSIDE THE BARISTO-FARRELL
REDEVELOPMENT PROJECT AND WHICH PRIMARILY BENEFIT SAID PROJECT AND THE
GOALS AND OBJECTIVES OF THE REDEVELOPMENT PLAN. TO THIS END AND IN
ACCORDANCE WITH ITS POLICIES , RULES , AND REGULATIONS , THE COLLEGE WILL
EXPEND THE REVENUES PAID TO IT PURSUANT TO THIS AGREEMENT FOR THE
EFFECTIVE IMPLEMENTATION OF THE REDEVELOPMENT PLAN, ITS GOALS AND
OBJECTIVES .
2. 11 AGENCY AND COLLEGE, IN CONSIDERATION OF THESE MUTUAL
UNDERTAKINGS, DESIRE TO COOPERATIVELY PROVIDE FOR THE REDEVELOPMENT OF
CERTAIN AREAS OF THE CITY.
NOW THEREFORE IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL
PROMISES AND COVENANTS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS
FOLLOWS :
3 . TERMS
3 . 1 FIFTY PERCENT ( 50% ) OF ALL TAXES ATTRIBUTABLE TO THAT
AREA WITHIN THE TERRITORIAL LIMITS OF THE COLLEGE RESULTING FROM AN
INCREASE IN THE ASSESSED VALUATION OF THE PROJECT AREA OVER THE BASE
YEAR WHICH WOULD HAVE OTHERWISE BEEN LEVIED UPON TAXABLE PROPERTY IN
THE PROJECT AREA BY OR FOR THE BENEFIT OF THE COLLEGE AND WHICH ARE
ALLOCATED TO AGENCY PURSUANT TO SECTION 33670 (b ) (TAX INCREMENT)
SHALL BE PAID BY AGENCY INTO A TRUST FUND TO BE ADMINISTERED FOR THE
EXCLUSIVE BENEFIT OF THE COLLEGE AND DESIGNATED AS THE "COLLEGE OF THE
DESERT TRUST FUND" HEREINAFTER CALLED "FUND" . PAYMENTS INTO THE FUND
SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 3. 8 OF THIS AGREEMENT
WHEREBY AN AMOUNT NOT TO EXCEED 20 % OF THE DISTRICT FUND MAY BE USED
BY THE AGENCY TO SATISFY THE REQUIREMENTS OF HEALTH AND SAFETY CODE
SECTION 33334 . 2 FOR LOW AND MODERATE INCOME HOUSING.
EXHIBIT "A" ATTACHED IS A SAMPLE OF THE CALCULATION
REFERENCED IN 3 . 1 AND 3 . 8 AND IS MADE A PART OF THIS AGREEMENT FOR
INTERPRETIVE PURPOSES.
3 . 2 THE PROCEEDS OF THE "FUND" INCLUDING ACCRUED INTEREST
SHALL BE TO PAY THE PRINCIPAL OF AND INTEREST ON LOANS , MONEY ADVANCED
TO, OR INDEBTEDNESS, (WHETHER FUNDED, REFUNDED, ASSUMED OR OTHERWISE)
INCURRED BY COLLEGE TO FINANCE OR REFINANCE, IN WHOLE OR IN PART, THE
REHABILITATION, CONSTRUCTION OR RECONSTRUCTION OF NEW OR EXISTING
PUBLIC SCHOOL FACILITIES AND FOR ANY OTHER PURPOSE ENUMERATED IN
SECTION 3 . 3 . 1 . WHEN THE ANNUAL DEBT SERVICE FOR SUCH LOANS , ADVANCES
AND INTEREST THEREOF, HAVE BEEN PAID IN ANY ONE YEAR, ALL MONIES
THEREAFTER RECEIVED FROM TAXES IN THAT YEAR IN ACCORDANCE WITH SECTION
3 . 1 OR ANY LESSER PORTION THEREOF AGREED TO BY THE PARTIES,
ATTRIBUTABLE TO COLLEGE, UPON THE TAXABLE PROPERTY WITHIN THAT PORTION
OF SUCH REDEVELOPMENT PROJECT INCLUDED WITHIN THE TERRITORIAL LIMITS
OF COLEGE SHALL CONTINUE TO BE PAID TO "FUND" PURSUANT TO THIS
AGREEMENT.
3 . 3 COLLEGE SHALL ANNUALLY ADOPT A BUDGET AND A CAPITAL
IMPROVEMENT PROGRAM SETTING FORTH THE REHABILITATION, CONSTRUCTION,
RECONSTRUCTION OR OTHER ACTIVITIES BEING UNDERTAKEN. THE COLLEGE
SHALL SUBMIT ITS BUDGET PLAN TO THE AGENCY IN ACCORDANCE WITH THE
"CRITERIA FOR USE OF FUND" ENUMERATED IN SECTION 3 . 3 . 1 AND THE AGENCY
SHALL APPROVE OF THE BUDGET AS LONG AS THE BUDGET PLAN ADHERES TO THE
CRITERIA ESTABLISHED IN SECTION 3 . 3 . 1 AND IS IN CONFORMANCE WITH THE
REDEVELOPMENT PLAN. SUCH APPROVAL PROCESS SHALL INCLUDE FINDINGS THAT
THE BUDGET AND PROJECTS ARE IN CONFORMANCE WITH THE GOALS , OBJECTIVES
AND INTENT OF THE REDEVELOPMENT PLAN AND THIS AGREEMENT.
THE COLLEGE AGREES TO CONSTRUCT, INSIDE OR OUTSIDE THE
PROJECT AREA, FACILITIES NECESSARY TO HOUSE STUDENTS AT SUCH TIME AS
ENROLLMENT PROJECTIONS INDICATE THAT SUCH FACILITIES ARE NECESSARY AND
AT SUCH TIME AS BOND FUNDS OR OTHER FUNDING FOR SUCH CONSTRUCTION IS
PROVIDED BY PLEDGING TAX INCREMENT FOR PAYMENT OF BONDED OR OTHER
INDEBTEDNESS .
3 . 3 . 1 CRITERIA FOR USE OF FUND
THE PROCEEDS OF THE FUND SHALL BE UTILIZED FOR THE
FOLLOWING PURPOSES, OR AS HEREINAFTER MAY BE AGREED UPON BETWEEN THE
COLLEGE AND THE AGENCY:
1 . REHABILITATION, CONSTRUCTION AND/OR RECONSTRUCTION
OF:
A. PERMANENT OR TEMPORARY CLASSROOMS ,
B. GYMS , ATHLETIC OR RECREATIONAL FACILITIES ,
AND POOLS ,
C . LIBRARY, AUDITORIUM AND COLLEGE SITE
ADMINISTRATION FACILITIES,
D . COLLEGE ADMINISTRATIVE OFFICE, MAINTENANCE AND
WAREHOUSING FACILITIES,
E . ON SITE PUBLIC IMPROVEMENTS SUCH AS SIDEWALKS
CROSSWALKS LIGHTS, CURBS, GUTTERS AND STREETS,
F . LANDSCAPING, IRRIGATION AND LIGHTING AND
G. OTHER ANCILLARY FACILITIES AND EQUIPMENT
APPURTENANT TO A COLLEGE FACILITY TO MAKE SUCH
FACILITIES OPERABLE.
2. ACQUISITION OF PROPERTY FOR PUBLIC COLLEGE
FACILITIES , COLLEGE ADMINISTRATIVE AND OTHER
SUPPORT SERVICES
3 . DESIGN, PLANNING AND ENGINEERING COSTS EQUIVALENT
TO NOT MORE THAN 20% OF THE ACQUISITION,
REHABILITATION, CONSTRUCTION OR RECONSTRUCTION COST
OF THE SPECIFICALLY DESIGNATED PROJECT.
3 .4 THE MONIES REQUIRED TO BE PAID INTO THE FUND BY THIS
AGREEMENT SHALL BE PAID TO FUND NOTWITHSTANDING ANY AGENCY BOND
RESOLUTION OR INDENTURE PROVIDING FOR THE ISSUANCE TO TAX ALLOCATION
BONDS , OR OTHER FORMS OF INDEBTEDNESS INCURRED BY AGENCY UNDER THE
COMMUNITY REDEVELOPMENT LAW INCLUDING REVENUES TO BE DISTRIBUTED TO
OTHER AFFECTED TAXING ENTITIES TO ALLEVIATE ANY FINANCIAL BURDEN OR
DETRIMENT CAUSED BY AGENCY ' S PROJECT, EXCEPT AS MAY THEREAFTER BE
MUTUALLY AGREED UPON.
3 . 5 THAT PORTION OF TAXES WHICH ARE TO BE ALLOCATED TO
AGENCY PURSUANT TO SECTION 33670 (b) AND WHICH ARE TO BE PAID TO THE
FUND PURSUANT TO SECTION 3 .1 SHALL BE ALLOCATED AND PAID TO THE FUND
NO LATER THAN THIRTY ( 30 ) DAYS AFTER TAXES ARE ALLOCATED AND PAID TO
AGENCY BY THE RIVERSIDE COUNTY AUDITOR OR OFFICER RESPONSIBLE FOR THE
DISBURSEMENT OF TAXES .
3 . 6 COLLEGE SHALL BE ALLOCATED, IN ADDITION TO THE PORTION
OF TAXES ALLOCATED PURSUANT TO SUBDIVISION (a ) OF SECTION 33670 AND
SECTION 3 . 1 OF THIS AGREEMENT, ALL OR ANY PORTION OF THE TAX REVENUES
ALLOCATED TO AGENCY PURSUANT TO SUBDIVISION (b) OF SECTION 33670
ATTRIBUTABLE TO INCREASES IN THE RATE OF TAX IMPOSED FOR THE BENEFIT
OF THE DISTRICT WHICH LEVY OCCURS AFTER THE TAX YEAR IN WHICH THE
ORDINANCE ADOPTING THE REDEVELOPMENT PLAN BECOMES EFFECTIVE.
3 .7 SPECIAL BONDED INDEBTEDNESS TAXES FOR EXISTING DEBT
SERVICE ATTRIBUTABLE TO THAT AREA WITHIN THE TERRITORIAL LIMITS OF THE
COLLEGE WHICH WOULD HAVE OTHERWISE BEEN LEVIED UPON TAXABLE PROPERTY
IN THE PROJECT AREA BY OR FOR THE BENEFIT OF THE COLLEGE AFTER THE
EFFECTIVE DATE OF ORDINANCE NO. 1264 WHICH WOULD HAVE BEEN ALLOCATED
TO AGENCY PURSUANT TO SECTION 33670 (b) SHALL CONTINUE TO BE COLLECTED
BY THE COUNTY OF RIVERSIDE AND WHEN SO COLLECTED SHALL BE ALLOCATED
AND PAID TO THE COLLEGE AND SHALL BE USED TO PAY THE PRINCIPAL OF AND
INTEREST OF EXISTING BONDED INDEBTEDNESS. WHEN SUCH INDEBTEDNESS, IF
ANY , AND INTEREST THEREOF, HAS BEEN PAID, ALL MONIES THEREAFTER
RECEIVED FROM TAXES ATTRIBUTABLE TO THE COLLEGE UPON THE TAXABLE
PROPERTY WITHIN THAT PORTION OF SUCH REDEVELOPMENT PROJECT INCLUDED
WITH THE TERRITORIAL LIMITS OF PROJECT SHALL BE ALLOCATED PURSUANT TO
SECTION 33670.
3 . 8 TAX INCREMENT ALLOCATED TO COLLEGE BY AGENCY UNDER THIS
AGREEMENT SHALL INCLUDE ALL ALLOCATIONS OF SUCH TAX INCREMENT EXCEPT
THAT AN AMOUNT NOT TO EXCEED 20% OF FUNDS COLLECTED PURSUANT TO
SECTION 3 . 1 WILL BE DEDUCTED FROM THE FUND FOR THE PURPOSE OF
SATISFYING THE REQUIREMENTS OF HEALTH AND SAFETY CODE SECTION 33334. 2.
TAX INCREMENT PAYMENTS REDUCED TO COLLEGE UNDER THIS SECTION SHALL BE
INCREASED PROPORTIONALLY IN THE EVENT AGENCY REDUCES OR ELIMINATES THE
DEPOSIT OF TAX INCREMENT TO AGENCY 'S LOW AND MODERATE INCOME HOUSING
FUND.
3 . 9 MONIES INCLUDING INTEREST ACCRUED, OTHERWISE REQUIRED
BY THIS AGREEMENT TO BE PAID TO COLLEGE BY AGENCY MAY BE RETAINED IN
WHOLE OR PART BY AGENCY UPON REQUEST OF COLLEGE . SUCH FUNDS INCLUDING
INTEREST SHALL BE ALLOCATED BY AGENCY TO THE FUND AND SHALL BE USED TO
PAY ON BEHALF OF THE COLLEGE THE PRINCIPAL OF AND INTEREST ON LOANS ,
CONSTRUCTION PROJECTS , MONEY ADVANCED TO, OR INDEBTEDNESS (WHETHER
FUNDED, REFUNDED, ASSUMED OR OTHERWISE) INCURRED BY AGENCY TO FINANCE
OR REFINANCE IN WHOLE OR PART, THE PROJECTS SET FORTH IN SECTION 3 . 3
OF THIS AGREEMENT.
4 .0 IF AFTER THIS AGREEMENT IS EXECUTED, THE STATE OF
CALIFORNIA ENACTS LAWS OR POLICIES TO CONFLICT WITH ALL OR ANY PORTION
OF THIS AGREEMENT, THE AGENCY AND COLLEGE MAY MUTUALLY AGREE TO EXCUSE
PERFORMANCE OF ALL OR ANY PORTION OF THIS AGREEMENT. IN THE EVENT ANY
SECTION OR PORTION OF THIS AGREEMENT SHALL BE HELD, FOUND OR
DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON WHATSOEVER,
THE REMAINING PROVISIONS SHALL REMAIN IN EFFECT, AND THE PARTIES
HERETO SHALL TAKE FURTHER ACTIONS AS MAY BE NECESSARY AND AVAILABLE TO
THEM TO EFFECTUATE THE INTENT OF THE PARTIES TO ALL PROVISIONS SET
FORTH IN THIS AGREEMENT.
4 . 1 IF EITHER PARTY COMMENCES LITIGATION AGAINST THE OTHER
FOR THE PURPOSE OF DETERMINING OR ENFORCING ITS RIGHT HEREUNDER OR FOR
MONEY DAMAGES FOR A BREACH HEREOF OR FOR OTHER EQUITABLE RELIEF
RELATED HERETO, THE PREVAILING PARTY SHALL BE ENTITLED TO RECEIVE FROM
THE LOSING PARTY, ATTORNEY FEES IN AN AMOUNT DETERMINED BY THE COURT,
TOGETHER WITH COSTS REASONABLY INCURRED IN PROSECUTING OR DEFENDING
SUCH ACTION.
4 . 2 COLLEGE AND AGENCY MUTUALLLY AGREE TO ASSIST EACH OTHER
IN THE IMPLEMENTATION OF THE REDEVELOPMENT PLAN IN ACCORDANCE WITH
APPLICABLE STATE AND FEDERAL LAWS . COLLEGE AND AGENCY SHALL SUPPLY TO
ONE ANOTHER SUCH INFORMATION AND REPORTS AS FROM TIME TO TIME EITHER
MAY REQUIRE TO UNDERTAKE THEIR RESPECTIVE OBLIGATIONS .
EXHIBIT A
COACHELLA VALLEY COMMUNITY COLLEGE DISTRICT
AND THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PALM SPRINGS
EXAMPLE OF PASS-THROUGH CALCULATION
Given;
1 ) Current Year Assessed Valuation $1 , 100,000
2) Base Year Assessed Valuation $500 ,000
3 ) Tax Growth From Base Year $600, 000
4) Tax Increment Generated (Approx. l%) $ 6 ,000
5) Amount Generated by District (Approx . 8% ) $ 480
6) 40% Distribution to District $ 192
7 ) 40% Distribution to Agency $ 192
8 ) 20% Low/Moderate Income Housing $ 96
COMMUNITY REDEVELOPMENT AGENCY OF THE: CITY OF PALM SPRINGS
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COACHELLA VALLEY COMMUNITY COLLEGE DIST/RICT
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