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HomeMy WebLinkAbout00151C - RIVERSIDE CO SUPERINTENDENT OF SCHOOLS PASSTHRU PA8 Riversidc Cnty Superintendent of Schools passthru agr for Baristo-Farrell , PA#8 AGREEMENT FOR COOPERATION BETWEEN AGREEMENT #151 Resolution 420, 4-16-86 THE RIVERSIDE COUNTY SUPERINTENDENT OF SCHOOLS, AND Riv Co. Supt School PA8 - Pass-Thur - City Co-sign( AGREEMENT #2308A THE COMMUNITY REDEVELOPMENT AGENCY FOR TE Motion 4-16-86 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 DAY OF 1986, BETWEEN THE RIVERSIDE COUNTY SUPERINTENDENT OF SCHOOLS, A PUBLIC AGENCY (SUPERINTENDENT) , AND THE COMMUNITY REDEVELOPMENT AGENCY FOR 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 TIME SUPERINTENDENT IS IN RECEIPT OF ORDINANCE NO. , ADOPTED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, WITHIN THE TERRITORIAL LIMIT OF THE CITY OF PALM SPRINGS BY THE COMMUNITY REDEVELOPMENT AGENCY FOR THE CITY OF PALM SPRINGS. 2.3 THE COMMUNITY REDEVELOPMENT AGENCY FOR THE CITY OF PALM SPRINGS 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 SUPERINTENDENT IS AN AFFECTED TAXING ENTITY WHICH HAD BONDED INDEBTEDNESS AND/OR GENERAL PURPOSE PROPERTY TAXES LEVIED ON ITS BEHALF BY THE COUNTY OF RIVERSIDE ON ALL OF THE PROPERTY LOCATED IN TILE PROPOSED REDEVELOPMENT PROJECT AREA IN FISCAL YEAR 1985-86. 2.5 THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW AUTHORIZED REDEVELOP- MENT AGENCIES TO PAY, TO ANY TAXING AGENCY WITH TERRITORY LOCATED WITHIN A PROJECT AREA OTHER THAN TIIE 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 SUPERINTENDENT 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 SUPERINTENDENT. 2.7 SUPERINTENDENT 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 REHABILITATION, CONSTRUCTION, AND RECONSTRUCTION OF PUBLIC SCHOOL FACILITIES, AND APPARATUS INCLUDING COLLECTION, MAINTENANCE, AND DISSEMINATION OF INFORMATION DERIVED FROM THE GEOGRAPHIC BASE FILE, AND THE ADMINISTRATIVE COSTS DIRECTLY RELATED TO THE REHABILITATION, CONSTRUCTION, AND RECONSTRUCTION ACTIVITIES, HEREINAFTER COLLECTIVELY REFERRED TO AS "PUBLIC SCHOOL FACILITIES", AND AGENCY AND SUPERINTENDENT HAVE A COMMON INTEREST IN AND WISH TO FACILITATE REDEVELOPMENT AND TO PROVIDE FOR THE COOPERATION OF SUPERINTENDENT AND AGENCY IN CARRYING OUT THE REDEVELOPMENT ACTIVITIES, GOALS AND OBJECTIVES SET FORTH IN THE REDEVELOPMENT PLAN. 2.8 SUPERINTENDENT AND AGENCY RECOGNIZE THE NEED TO PROVIDE ADEQUATE PUBLIC SCHOOL FACILITIES TO SERVE THE PROJECT IN ORDER TO ASSIST IN ELIMINATING BLIGHTING CONDITIONS AND HAVE DETERMINED THAT DATA COLLECTED AND MAINTAINED IN THE GEOGRAPHIC BASE FILE ARE REQUISITE TO THE EFFICIENT AND ECONOMIC PLANNING FOR SUCII FACILITIES, BOTH IN AND OUT OF THE PROJECT AREA, AND ARE OF BENEFIT TO THE PROJECT AND THAT REDEVELOPMENT FINANCING IS A REASONABLE MEANS OF FINANCING ALL OR A PORTION OF THE MAINTENANCE OF SUCH GEOGRAPHIC BASE FILE DATA, THE REHABILITATION, CONSTRUCTION, AND RECONSTRUCTION OF SUCH PUBLIC SCHOOL FACILITIES IN CONJUNCTION WITH OTHER AVAILABLE SUPERINTENDENT FINANCING. 2.9 AGENCY HAS FOUND AND DETERMINED THAT IT WOULD BE IN THE BEST INTEREST OF THE AGENCY TO PARTICIPATE WITH TILE SUPERINTENDENT BY PLEDGING A PORTION OF ITS TAX INCREMENT REVENUE TO THE SUPERINTENDENT TO BE USED FOR THE REQUISITE PLANNING FUNCTIONS, THE REHABILITATION, CONSTRUCTION AND RECONSTRUCTION OF PUBLIC SCHOOL FACILITIES AND BY OTHERWISE EXPANDING AND IMPROVING THE COMMUNITY'S PUBLIC SCHOOL AND EDUCATIONAL FACILITIES. 2.10 AGENCY AND SUPERINTENDENT, 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 SUPERINTENDENT RESULTING FROM AN INCREASE IN THE ASSESSED VALUATION OF THE PROJECT AREA OVER THE BASE YEAR WHICH WOULD OTHERWISE HAVE BEEN LEVIED UPON TAXABLE PROPERTY IN THE SUBJECT PROJECT AREA BY OR FOR THE BENEFIT OF THE SUPERINTENDENT 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 SUPERINTENDENT AND DESIGNATED AS THE "RIVERSIDE COUNTY SUPERINTENDENT OF SCHOOLS TRUST FUND" HEREINAFTER CALLED "FUND". EXHIBIT "A" ATTACHED IS A14 EXAMPLE 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 SUPERINTENDENT 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 SUPERINTENDENT, UPON THE TAXABLE PROPERTY WITHIN THAT PORTION OF SUCH REDEVELOPMENT PROJECT INCLUDED WITHIN THE TERRITORIAL LIMITS OF SUPERINTENDENT, SHALL CONTINUE TO BE PAID TO "FUND" PURSUANT TO THIS AGREEMENT. 3.3 THE SUPERINTENDENT SHALL ANNUALLY ADOPT A BUDGET AND A CAPITAL IMPROVEMENT PROGRAM SETTING FORTH THE REHABILITATION, CONSTRUCTION, RECONSTRUCTION OR OTHER ACTIVITIES BEING UNDERTAKEN. THE SUPERINTENDENT 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 THE BUDGET AS LONG AS THE BUDGET PLAN ADHERES TO THE CRITERIA ESTABLISHED IN SECTION 3.3.1. AND IS IN CONFORMANCE WITH THE GOALS, OBJECTIVES AND INTENT OF THE REDEVELOPMENT PLAN AND THIS AGREEMENT. 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 SUPERINTENDENT AND THE AGENCY: 1. REHABILITATION, CONSTRUCTION AND/OR RECONSTRUCTION OF: A. PERMANENT OR TEMPORARY CLASSROOMS. B. RECREATIONAL FACILITIES AND POOLS. C. LIBRARY, AUDITORIUM AND SCHOOL SITE ADMINISTRATION FACILITIES. D. ADMINISTRATIVE OFFICE, MAINTENANCE AND WAREHOUSING FACILITIES. E. OFF SITE PUBLIC IMPROVEMENTS SUCH AS SIDEWALKS, CROSSWALKS LIGHTS, CURBS, GUTTERS AND STREETS. F. LANDSCAPING, IRRIGATION AND LIGHTING. G. OTHER ANCILLARY FACILITIES AND EQUIPMENT APPURTENANT TO A SCHOOL FACILITY TO MAKE SUCH FACILITIES OPERABLE. 2. ACQUISITION OF PROPERTY FOR PUBLIC SCHOOL FACILITIES, DISTRICT ADMINISTRATIVE AND OTHER SUPPORT SERVICES. 3. ADMINISTRATIVE, DESIGN AND ENGINEERING COSTS EQUIVALENT TO NOT MORE THAN 20% OF THE ACQUISITION, REHABILITATION, CONSTRUCTION OR RECONSTRUCTION COST OF THE SPECIFICALLY DESIGNATED PROJECT. 4. ACQUISITION AND MAINTENANCE OF EQUIPMENT SOFTWARE FOR GEOGRAPHIC BASED FILE USED TO IMPLEMENT CAPITAL IMPROVEMENT PROJECTS. 5. ANNUAL ADMINISTRATIVE COSTS OF NOT MORE THAN 25% OF THE TOTAL VALUE OF ALL EQUIPMENT SOFTWARE TO UPDATE, EXPAND AND/OR MODIFY GBF IN ORDER TO PERFORM ACTIVITIES SPECIFIED IN SECTION 4.0 OF THIS AGREEMENT. 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 OF 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 S 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 THE SUPERINTENDENT 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 SUPERINTENDENT WIIICH 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 SUPERINTENDENT WHICH WOULD HAVE OTHERWISE BEEN LEVIED UPON TAXABLE PROPERTY IN THE PROJECT AREA BY OR FOR THE BENEFIT OF THE SUPERINTENDENT AFTER THE EFFECTIVE DATE OF ORDINANCE NUMBER 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 SUPERINTENDENT 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 SUPERINTENDENT 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 SUPERINTENDENT 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 SUPERINTENDENT 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 SUPERINTENDENT BY AGENCY, MAY BE RETAINED IN WHOLE OR PART BY AGENCY UPON REQUEST OF SUPERINTENDENT. SUCH FUNDS INCLUDING INTEREST SHALL BE ALLOCATED BY AGENCY TO THE FUND AND SHALL BE USED TO PAY ON BEHALF OF THE SUPERINTENDENT TILE 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 TIIIS AGREEMENT, THE AGENCY AND SUPERINTENDENT 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 TIIIS 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 SUPERINTENDENT AND AGENCY MUTUALLY AGREE TO ASSIST EACI1 OTHER IN THE IMPLEMENTATION OF THE REDEVELOPMENT PLAN IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAWS. SUPERINTENDENT 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 RIVERSIDE COUNTY SUPERINTENDENT OF SCHOOLS AND THE CITY OF PALM SPRINGS 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 (Approximately 1%) 6,000 5) Generated by Superintendent (3.89%) 233 6) 40% Distribution to Superintendent 93 7) 40% Distribution to Agency 93 8) 20% Low/Moderate Income housing 47 COMMHNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS EXECUTIVE j 1, DATED• '� r� , DIRECTOR ATTEST* SECRETARY���1 f — �5955) ( 'I/.v11,71 � J Ypf4� vk' .'1+� per+ C»A �IwSV1 �l a si' G1111 (W�. FF. o UONCURRED L,"' WE RIVERSIDE COUNTY SUPERINTENDENT OF SCHOOLS DATED; SUPERINTENDENT / ATTESTS BY MORRIS L. REEVES, DEPUTY SECRETARY ASSISTANT SUPERINTENDENT ADMINISTRATION AND BUSINESS SERVICES GENERAL ACKNOWLEDGMENT NO 201 State of CaliforniaJ v`v` LL L On this the 28thday of V jN-Mar--h _` JV 19 86,before me,` }' Riverside S5' y; County of Deanna L. Andrews k I;) of the undersigned Notary Public,personally appeared " Morris L. Reeves f 61 !) Lt personally known tome {I =,I —_.w,X� �::.,..-,�,.,-,._„.:..,,:;r ❑ proved to me on the basis of satisfactory evidence AO �� Jf q('Ipl SEAL 1S tl ai � M.. # to be the person(s)whose name(s) subscribed to the mr Deanna L. Andrews 1 he {;�� �� 'I Nol.�a nusl,rr<al,lr•oawn FS within instrument,and acknowledged that executed if. a1 i � °01ra1 .olnrr nv + WITNESS my hand and official seal. !o i7 Ia4f,H51IJi Iloti- ry Ndy Cnmrrneslon E-Apu06 n.,; 27 1988 �d X� t_1 .Ifni Notary's Signature (n 7110122 Y NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd •P.O Bv.4626•Woodland Hills,CA 91364