The URL can be used to link to this page

Home My WebLink About00072C - COUNTY CRA CITY REIMBURSEMENT TAX INCREMENT PASSTHRU Riverside County, CRA & City Co-op agr re Tax Increment Revenue-Ramon/Bogie PA#4 AGR #72, original 2-1-84 1 COOPERATION AGREEMENT Res 197, 2-1-84 BETWEEN THE RIVERSIDE COUNTY FL' RCFCD - PA4 Pass-thru Tax 2 AND WATER CONSERVATION DISAGREEMENT #2029A THE CITY OF PALM SPRI R14932, 12-21-83 3 AND CRA AGr #72 PALM SPRINGS REDEVELOPMENT 4 _ /� 5 THIS AGREEMENT is entered into on the day i 6 of ti t u;f v , 1984 , by and between the RIVERSIDE COUNTY 7 FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a public agency 8 ( "District") , and PALM SPRINGS REDEVELOPMENT AGENCY, a public 9 body ( "Agency") , and THE CITY OF PALM SPRINGS, a municipal 10 corporation ( "City") . 11 WHEREAS , City and Agency have adopted Redevelopment Plan 12 for the Ramon-Bogie Redevelopment Project (the "Project") pursuant 13 to the California Community Redevelopment Law (Health and Safety 14 Code Section 33000, et seq. ) ; 15 WHEREAS, District is an affected taxing entity which has 16 general purpose and special bonded indebtedness ad valorem 17 property taxes levied on its behalf by Riverside County' s 18 Assessor on a portion of the property located in the proposed 19 project area in fiscal year 1983-84 ; 20 WHEREAS , District has submitted objections to the Project ' s 21 financial impact and has determined that the Project could cause 22 a financial burden or detriment; 23 WHEREAS, Agency and City desire to resolve and settle once 24 and for all times, all present, past and future controversies, 25 claims, causes of action or purported causes of action, differences 26 or disputes, both real and potential, arising against Agency and, 27 City in relation to the Project; 28 GERALO J.GEERLINGS COUNTY COUNSEL SUITE 300 3535 10TH STREET RNERSME CALIFORNIA /1/ i I WHEREAS, Agency has found and determined that it would be 2 appropriate to alleviate any financial burden or detriment caused 3 to District by the Project by authorizing payment to District 4 of certain monies; and 5 WHEREAS , District, City and Agency, in consideration of 6 the mutual undertaking, desire to settle their differences and 7 cooperatively provide for the redevelopment of certain areas 8 of City. This Agreement is a compromise and settlement of claims 9 and liabilities alleged by District in relationship to the 10 Project. 11 NOW, THEREFORE, in consideration of the foregoing and 12 the mutual promises and covenants contained herein, the parties 13 hereto agree as follows : 14 Section 1. Definitions 15 (a) "District" shall mean the Riverside County Flood 16 Control and Water Conservation District, a political subdivision 17 of the State of California. 18 (b) "City" shall mean the City of Palm Springs, a 19 municipal corporation. 20 (c) "Agency" shall mean the Palm Springs Redevelopment 21 Agency. 22 (d) "Project" and "Project Area" shall mean the 23 specific geographical area and redevelopment activities as set 24 forth in the Redevelopment Plan for the Ramon-Bogie Redevelopment 25 Project. 26 (e) "Tax Increment" shall mean that portion of property 27 taxes resulting from the increase in assessed evaluation in the 28 Project Area over the base year assessed evaluations in the GERALD J.GEERUNGS COUNTY COUNSEL SUITE 300 3535-10TH STREET R1%ERSIDE,CALIFORNIA /2/ 1 Project Area, as defined in Section 33670 of the Health and 2 Safety Code. "Tax Increment" shall refer to those taxes raised 3 as a result of the 1% levy allowed under ARTICLE XIIIA of the 4 Constitution of the State of California. "Tax Increment, " as 5 referred to in this Agreement, shall not include those taxes 6 levied in excess of the to general levy. 7 (f) "District Share" shall mean that portion of "Tax 8 Increment" as computed by the County Auditor-Controller in accord- 9 ance with the applicable provisions of the Revenue and Taxation 10 Code of the State of California. 11 Section 2. Distribution of Tax Increment 12 Tax Increment shall be allocated by Riverside County 13 Auditor-Controller as follows, subject to the limits of Section 14 33675 (d) of the Health and Safety Code: 15 (a) Commencing in the first year that the Agency 16 receives its first allocation of Tax Increment, and continuing 17 to expiration or termination of the Project, except as provided 18 in Section 3 of this Agreement, the auditor-Controller is to 19 pay District one-hundred percent (1000) of the District ' s Share. 20 The determination of the amounts allocable pursuant to this 21 Section 2 shall accomodate the following three principles, which 22 shall control in the event of any conflict between the principles 23 and any other provision of this Agreement. The principles are 24 as follows : First, the parties intend that the calculation of 25 the Agency' s share of the increments assumes that the provisions 26 of Section 33334 . 2 will be applied only to those funds ultimately 27 received by the Agency, and not those passed-through by the 28 Agency to the District or any other public agency. In the event GER J.GEER.LINGS C=: COUNSEL SUITE 300 3535-IOTH STREET RAIRSaE,CALIFORNIA /3/ 1 that the set-aside provision is found to be applicable to all 2 Tax Increments generated by the Project, the District and the 3 Agency agree to adopt appropriate amendments to this Agreement 4 so that the Agency will receive as its share of increments an 5 amount calculated as if the set-aside were not applicable to 6 passed-through funds. Second, under no circumstances is the 7 District to receive for any year (by virtue of this Agreement) 8 payments in excess of the amount of property tax revenues which 9 would have been received by the District if all the property tax 10 revenues from the Project Trea had been allocated to all the 11 affected taxing agencies without regard to any division of taxes 12 pursuant to Health and Safety Code Section 33670. Third, the 13 District shall not be allocated funds where the effect would be 14 to violate the District ' s expenditure limitation under ARTICLE 15 XIII .B of the California Constitution. 16 Section 3 . Future Boundary Changes 17 Should either of the following events occur during the life 18 of the Project, Agency, City and District agree to make appropriate 19 amendments to this Agreement: 20 1. District annexes certain territory within the Project 21 Area that is presently within the jurisdiction of the Coachella 22 Valley Water District. It is understood that District will not 23 be bound by the terms of any Agreement that has been or will be 24 negotiated between the Agency, City and Coachella Valley Water 25 District regarding the Project. 26 2 . Agency expands the Project Area to include that territory 27 encompassing Line 36 , Lateral 36A and any portion of Line 35 as 28 set forth in the "Revised Master Drainage Plan for the Palm Springs GERALD J.GEERLINGS COUNTY COUNSEL SUITE 300 3535-10TH STREET WERSIDE,CALIFORNIA /4/ 1 Area" as prepared by District. 2 Section 4 . Allocation of Special Taxes 3 District shall be allocated, in addition to portions of taxes 4 allocated pursuant to Subdivision (a) of Section 33670 of the 5 Health and Safety Code and Section 2 of the Agreement, all or any 6 portion of the tax revenue allocated to Agency pursuant to Sub- 7 division (b) of Section 33670 attributable to increases in the 8 rate imposed for the benefit of District which levy occurs after 9 the tax year in which the ordinance adopting the Redevelopment 10 Plan becomes effective. 11 Section 5. Modification and Termination 12 If, after this Agreement is executed, State enacts laws or 13 policies in conflict with all or any portion of this Agreement, 14 Agency and District may mutually agree to excuse performance of 15 all or any portion of this Agreement by Agency or District. In 16 the event any section or portion of this Agreement shall be held, 17 found or determined to be unenforceable or invalid for any reason 18 whatsoever, the remaining provisions shall remain in effect, and 19 the parties thereto shall take further actions as may be reasonably 20 necessary and available to them to effectuate the intent of the 21 parties as to all provisions set forth in this Agreement. 22 Section 6. Cooperation 23 City will cooperate in the implementation of the Agreement; 24 provided that the City shall incur no financial obligations by 25 virtue of this provision or Agreement. 26 27 28 GERALD J.GEERLINGS COUNTY COUNSEL 5UITE300 3535-10TH STREET RIVERSIDE,CALIFORNIA /5/ 1 Section 7. Effective Date 2 This Agreement shall become effective upon the date of 3 execution of this Agreement and shall remain in effect during 4 the term of the Redevelopment Plan. 5 Section 8 . Entire Agreement 6 This Agreement constitutes the entire, complete and final 7 expression of agreement between the parties. 8 IN WITNESS WHEREOF, the parties have executed this Agreement 9 on the day and year first written above. 10 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 11 ATTEST: 12 ,t,t o10.1 VI_L By ,✓ JYf 13 Cle`rk of/ the Board " Urmarl, - Board of Supervisors 14 CITY OF PALM SPRINGS ATTEST: 15 ✓ 161 .� _—. �� L'� BY _..rn✓L��/� CITY CLERK NORMAN R. KING 17 PALM Ck%pPftGFttDEVELOPMENT AGENCY 18 ATTEST: 19 20 fio �" ew C/�"'ZC ev✓� /T 21 22 pAPPRUVEID V�Y'➢j-I� CiTy COUNIC11� 23 24 25 a PPR. V—) BY Va'-': C;Or`4 -MUN9TY REDEV. 26 27 APPROVED AS TO r" 28 GERALD J.GEERL]NGS -- �4'�.. .�` ... COUNTY COUNSEL City Attorney SUITE 300 3535-10TH STREET /6/ RIVERSIDE,CALIFORNIA -)ate