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HomeMy WebLinkAbout00051C - REDEVELOPMENT TAX INCREMENT 8/23/83 lj AGREEMENT FOR COOPERATION County of Riverside between re disposition of tax increment THE COUNTY OF RIVERSIDE revenue from Tahq/Andy Redev Pr and AGR #51 (orig 9-22-83) THE CITY OF PALM SPRINGS Res 154, 9-7-83 and THE PALM SPRINGS REDEVELOPMENT AGENCY THIS AGREEMENT is entered into on the - Z day of 1983, by and between the County of Riverside (the "County") and the City of Palm Springs (the "City") and the Palm Springs Redevelopment Agency (the "Agency"). RECITALS WHEREAS, the City and Agency propose to undertake certain redevelopment activities in the Tahquitz-Andreas Redevelopment Project Area pursuant to the Community Redevelopment Law, in the interests of the health, safety, and general welfare of the people of the City of Palm Springs. WHEREAS, the Community Redevelopment Law authorizes redevelopment agencies to provide that any taxing agency with territory located within a project area, other than the community which has adopted the project, may receive an amount of money which in the Agency's determination is appropriate to alleviate any financial burden or detriment caused to any taxing agency by a redevelopment project; WHEREAS, the parties wish to enter into a cooperative agreement to provide mutual aid and assistance in the redevelopment of the Tahquitz-Andreas Redevelopment Project Area and to alleviate any financial burden or detriment caused to the County by such redevelopment activities; and WHEREAS, in considering this Agreement, the Agency and City have found and determined that it would be appropriate to alleviate any financial burden or detriment caused to the County by the redevelopment activities by providing that the County shall receive a portion of the tax revenues generated within the Tahquitz-Andreas Redevelopment Project Area: COVENANTS NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties agree as follows: -1- ARTICLE I. DEFINITIONS Section 1.01. Definitions. The words and terms in this Agreement, unless a different meaning clearly appears from the context, shall have the meanings set forth as follows: a. "Agency" shall mean the Palm Springs Redevelopment Agency, a redevelopment agency. b. "Base Year" shall mean the tax year in which the assessment roll of the County was last equalized prior to the effective date of the Ordinance adopting the Redevelopment Plan for the Tahquitz-Andreas Redevelopment Project Area, as defined in Section 33670 of the Health and Safety Code. C. "Bonds" shall mean any bonds, notes, interim certificates, debentures or other obligations issued by the Agency, pursuant to Article V of Part 1 of Division 24 of the Health and Safety Code (commencing with Section 33640). d. "City" shall mean the City of Palm Springs, a municipal corporation. e. "City Council" shall mean the City Council of City. f. "County" shall mean the County of Riverside, a political subdivision of the State of California. g. "County Tax Revenues" shall mean the portion of total tax increment revenues allocated to the County for general fund purposes which amount is determined by multiplying the County's general tax levy which is currently 27.1195% by the amount of total tax increment revenue. h. "Community Redevelopment Law" shall mean Part 1 of Division 24 of the Health and Safety Code (commencing with Section 33000). i. "Fiscal Year" shall mean the period from July 1 to and including the following June 30. j. "Indebtedness" shall mean any principal of and interest on loans, moneys advanced to, or other indebtedness (whether funded, refunded, assumed or otherwise) incurred by the Agency to finance or refinance, in whole or in part, any redevelopment projects identified in the Redevelopment Plan. k. "Ordinance" shall mean the Ordinance enacted by the City Council adopting the Redevelopment Plan for the Tahquitz-Andreas Redevelopment Project Area. I. "Tahquitz-Andreas Redevelopment Project Area" shall mean an area within the City which is a blighted area, the redevelopment of which is necessary to effectuate the public purposes specified in the Redevelopment Plan, as shown on -2 - a map on file in the office of the Secretary of the Agency. In. "Redevelopment Plan" shall mean the plan entitled "Redevelopment Plan, Tahquitz-Andreas Redevelopment Project" prepared by the Agency and adopted by the City for the Tahquitz-Andreas Redevelopment Project Area, pursuant to Sections 33330 et seq. of the Health and Safety Code. n. "Redevelopment Projects" shall mean those projects identified in the Redevelopment Plan or Plans. o. "Redevelopment Activities" shall mean redevelopment set forth in the Redevelopment Plan or Plans which meets the criteria set forth in Section 33678(b) of the Health and Safety Code. p. "Total Tax Increment Revenue" shall mean those taxes generated from increases in the assessed valuation of property within the Tahquitz-Andreas Redevelopment Project Area from and after the effective date of the Ordinance, pursuant to Section 33670 of the Health and Safety Code, prior to fulfilling legally binding obligations to alleviate any financial burden or detriment caused to any taxing agency and prior to allocating a portion of total tax increment revenue to the Low and Moderate Income Housing Fund required by Sections 33334.2 and 33334.3 of the California Health and Safety Code. ARTICLE If. ALLOCATION OF TAX REVENUES Section 2.01. Allocation of Tax Revenues. From the total tax increment revenues generated from the Tahquitz-Andreas Redevelopment Project Area each year, the County shall receive a percentage of the County Tax Revenues in the amounts specified as follows: a. Ten percent (10%) of the County Tax Revenue for the first five million dollars of cumulative Total Tax Increment. b. Twenty-five percent (25%) of the County Tax Revenue for the second five million dollars of cumulative Total Tax Increment ($5,000,001-$10,000,000). C. Fifty percent (5096) of the County Tax Revenue for the third five million dollars of cumulative Total Tax Increment ($10,000,001-$15,000,000). d. Sixty percent (60%) of the County Tax Revenue for the fourth five million dollars of cumulative Total Tax Increment ($15,000,001-$20,000,000). e. Seventy-five percent (75%) of the County Tax Revenue for the fifth five million dollars of cumulative Total Tax Increment ($20,000,001-$25,000,000). f. One hundred percent (100%) of the County Tax Revenue thereafter. -3 - The parties agree that there shall be a limitation upon the total County Tax Revenues which shall be divided and allocated to the Agency under this Agreement. The County Tax Revenues shall not be divided and shall not be allocated to the Agency in excess of $3,796,730. Upon the Agency receiving $3,796,730 of County Tax Revenues, the County shall thereinafter receive all County Tax Revenues. The parties agree that if in any one tax year, Total Tax Increment Revenue is equal to or greater than $2,250,000, the County shall in the following tax year and thereinafter receive 100% of the County Tax Revenue as long as the Total Tax Increment Revenue continues to be equal to or greater than $2,250,000. If the Total Tax Increment Revenue is less than $2,250,000, then the amount received by the County shall be in accordance with Section 2.01., paragraphs a - f. Section 2.02. Financing Limitations. As set forth in Paragraph (505) of the Redevelopment Plan, the financing limitations are summarized as follows: a. No loans, advances, or indebtedness to finance in whole or in part the Redevelopment Project and to be repaid from allocation of tax revenues shall be established or incurred by the Agency beyond 25 years from the date of adoption of the Redevelopment Plan, unless such time limitation is extended by amendment of the Redevelopment Plan. However, loans, advances, or indebtedness may be repaid over a term longer than said 25-year period. b. From time to time, the Agency may issue bonds for any of its corporate purposes. The Agency may issue bonds on which the principal and interest are payable in whole or in part from tax revenues. The total outstanding principal of any bonds issued and repayable from tax revenues shall not exceed $90,000,000 in constant 1983 dollars at any one time except by amendment of the Redevelopment Plan. Section 2.03. Allocation of Tax Revenues from Project Areas. The parties agree that the allocation of tax revenues under this Agreement shall apply to the Tahquitz- Andreas Redevelopment Project Area of the Redevelopment Plan commencing with the Base Year. -4 - Section 2.04. Commencement of Payment. The obligation of the Agency that the County shall receive payments under this Agreement shall commen«ee in the first fiscal year in which tax revenues are allocated to the Agency. Section 2.05. Alleviation of Financial Burden. The parties agree that the amount received by the County pursuant to this Agreement is appropriate to alleviate any financial burden or detriment caused to the County by the implementation of the Redevelopment Plans. ARTICLE III. COSTS AND EXPENSES' Section 3.01. Operation and Maintenance Costs. The Agency shall not use tax revenues allocated to the Agency for payment of operation and/or maintenance costs incident to any Redevelopment Project. Section 3.02. Employee and Contractual Services. The Agency may use tax revenues for the purpose of paying for employee or contracted services, provided that such services are directly related to the purposes set forth in Sections 33020 and 33021 of the Health and Safety Code and the powers established in the Community Redevelopment Law. ARTICLE IV. GENERAL PROVISIONS Section 4.01. Mutual Assistance. The County will assist Agency in the planning, financing, acquisition, construction, and operation of redevelopment activities undertaken by Agency, in accordance with applicable state and federal law. Section 4.02. Effective Date and Term. This Agreement shall become effective upon the date of execution of this Agreement and shall remain in effect during the term of the Redevelopment Plan. Section 4.03. Severability. Each paragraph and provision of this Agreement is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provision shall nevertheless remain in full force and effect. -5 - Section 4.04. Modification. This Agreement shall not be modified except by written agreement of the parties. Section 4.05. Entire Agreement. This Agreement constitutes the entire, complete and final expression of the agreement of the parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. COUNTY OF RIVERSIDE GE," ALD A. 'N1,11LONE"Y' By: CLERK of the BOARD OF SUPERVISORS Chairman, Board of Supervisors County of Riverside,State of California ATTEST: AUG U Clerk of of the PALM SPRINGS REDEVELOPMENT AGENCY i EJ BY: Chairman // /4 PPROVED BY THE CITY-X-COWCIL ATTEST: BY RES. NO. ( S CITY OF PALM SPRINGS By: NORM_ Ah R. KING ATTEST: CITY MANAGER APPROVED BY THE CITY COUNCIL BY RES. NO. Crty Clerk APPROVED AS TO FORM (SEAL) City Attorney FORM APPROVED COUNTY COUNSEL ate `AUG 2 3 1983 -6 - 8Y I STIPULATION 1. The City Council of the City .of Palm Springs (the "City") has, by ordinance, adopted a Redevelopment Plan for the Tahquitz-Andreas Redevelopment Project. 2. The County of Riverside (the "County") , pur- suant to established policy, reviews Redevelopment Plans for fiscal impact on the County, and seeks to negotiate ' �- agreements providing for the payment of certain tax alloca- tion revenues to the County. 3. The County has approved such an agreement con- cerning the Tahquitz-Andreas Redevelopment Project; a copy of such agreement (the "Agreement") is attached hereto, marked Exhibit A and is incorporated herein. The City Council of the City of Palm Springs (respectively, the "City Council" and the "City") and the Redevelopment Agency of the City of Palm Springs (the "Agency") are to consider the Agreement at their respective meetings of September 21, 1983. 4 . Pursuant to established policy, the County initiates suits concerning redevelopment projects where agreements as described in paragraph 2 above have not been entered into. After September 19, 1983, absent an exten- sion by the Agency and the City Council, the County would be barred from initiating suit against the Agency or the City challenging the' Redevelopment Plan or the enacting Ordinance. To avoid such litigation, County staff has requested that the Agency and the City extend from September 19, 1983 to September 22, 1983 the last date by which the County could file suit. 5. Accordingly, consistent with the premises here- inabove stated , upon executing of this Stipulation, the last date by which the County may file suit concerning the Tahquitz-Andreas Redevelopment Project, the Redevelopment Plan, and the ordinance effectuating such Project shall be September 22, 1983. CITY OF PALM SPRINGS BY - S REDEVELOPMENT AGENCY_ OF THE CITY OF PALM SPRINGS By �' A 1 �1 COUNTY OF RIVERSIDE By By Verne H. Tindell, Deputy County Counsel 2