HomeMy WebLinkAbout02097 - RIVERSIDE COUNTY FLOOD DISTRICT RCFCD PA5 OASIS PASSTHRU TAX Riverside Cnty Flood Control
CFGD) ,City of PS & CRA pass-
u agreement PA.#5 - Oasis
AGREEMENT 2097, 7-10-84
1 COOPERATION AGREEI Resolution 15147
BETWEEN THE RIVERSIDE COUNTY Riverside County Flood Control
2 AND WATER CONSERVATION Distr (RCFCD) , City of PS & CRA
THE CITY OF PALM SP passthru agr - PA#5 - Oasis
3 AND AGREEMENT # r7 7-10-84
PALM SPRINGS REDEVELOPMI Resolution 228, 6-27-84
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5 THIS AGREEMENT is entered into on the day of
6 ^ Ic 1984 , by and between the RIVERSIDE COUNTY
7 FLOOD CONTROL AND WATER CONSERVATION DISTRICT , a public agency
8 ( YBDistrict1° ) , and the PALM SPRINGS REDEVELOPMENT AGENCY, a public
9 body ("Agency" ) , and THE CITY OF PALM SPRINGS , a municipal. cor-
10 poration ( "City" ) .
11 WHEREAS , City and Agency have adopted the Redevelopment Plan
12 for the Oasis Redevelopment Project ( the "Project" ) pursuant to
13 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 prop--
17 erty taxes levied on its behalf by Riverside County' s Assessor on
18 all of the property located in the proposed project area in Fis-
19 cal 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 , differen-
26 ces or disputes , both real and potential , arising against Agency
27 and City in relation to the Project and the Plan ;
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1 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 of
4 certain monies ; and
5 WHEREAS , District , City and Agency, in consideration of the
6 mutual undertaking , desire to settle their differences and
7 cooperatively provide for the redevelopment of certain areas of
8 the City. This Agreement is a compromise and settlement of.
9 claims and liabilities alleged by District in relationship to the
10 Project .
11 NOW, THEREFORE , in consideration of the foregoing and the
12 mutual promises and covenants contained herein , the parties here-
13 to agree as follows :
14 Section 1 . Definition
15 (a) "District" shall mean the Riverside County Flood Control
16 and Water Conservation District , a political subdivision of the
17 State of California .
18 (b) "City" shall mean the City of Palm Springs , a municipal
19 corporation .
20 (c) "Agency" shall mean the Palm Springs Redevelopment
21 Agency.
22 (d) "Project" and "Project Area" shail mean the specific
23 geographical area and redevelopment activities as set forth in
24 the Redevelopment Plan for the Oasis Redevelopment Project .
25 ( e) "Project Improvements" shall mean the specific improve-
26 ments as set forth in the "Revised Master Drainage Plan for the
27 Palm Springs Area" and identified in Exhibit A which is attached
28 hereto and by this reference is incorporated herein .
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1 ( f) "Tax Increment" shall mean that portion of property tax-
2 es resulting from the increase and assessed evaluation in the
3 Project Area over the base year assessed evaluations in the Proj-
4 ect Area , as defined in Section 33670 of the Health and Safety
5 Code . "Tax Increment" shall refer to those taxes raised as a
6 result of the 1% levy allowed under ARTICLE XIIIA of the Con-
7 stitution of the State of California. "Tax Increment , " as re-
8 ferred to in this Agreement , shall not include those taxes levied
g in excess of the 1% general levy,
10 (g) "District Share" shall mean that portion of "Tax Inere-
11 ment" as computed by the County Auditor-Controller in accordance
12 with the applicable provisions of the Revenue and Taxation Code
13 of the State of California .
14 Section 2. Distribution of Tax Increment
15 Tax Increment shall be allocated by Riverside County Auditor
16 Controller as follows , subject to the limits of Section 33675(d)
17 of the Health and Safety Code :
18 (a) For the initial six (6) years following the date of
lg adoption of the Redevelopment Plan the Agency is to receive one
20 hundred percent ( 100%) of the District ' s Share.
21 (b) Commencing in the seventh year following the date of
22 adoption of the Plan , the Agency is to receive fifty percent
23 (50%) of the District ' s Share , the balance is to be paid to the
24 District.
25 (c) In no event is the District ' s Share of accumulated Tax
26 Increment to be distributed to the Agency to exceed the actual
27 cost for the engineering , administration and construction of the
28 Project Improvements . The District will prepare annually a
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1 statement that will set forth the projected and actual cost for
2 engineering , administration and construction of the Project Im--
3 provements that will be distributed to both the Agency and the
4 Auditor-Controller .
5 (d) District may augment the Agency ' s funds for completion
6 of the Project Improvements with Zone 6 ad valorem taxes, Zone 6
7 benefit assessment revenues , developer fees or other sources that
8 may be made available to construct the Project Improvements.
g Should District make such an augmentations an equivalent amount
10 will be credited toward to the District ' s Share of accumulated
11 Tax Increment that is to be distributed to the Agency.
12 ( e) District is to receive one hundred percent ( 100%) of its
13 share when any of the following occurs :
14 1 . The expiration or termination of the Redevelopment
15 Plan ;
16 2. Agency has received an amount equivalent to that set
17 forth in subsection (c) above.
18 The determination of the amounts allocable pursuant to this Sec-
1g tion 2 shall accommodate the following 'three principles, which
20 shall control in the event of any conflict between the principles
21 and any other provision of this Agreement. The principles are as
22 follows : First , the parties intend that the calculation of the
23 Agency ' s share of increments assumes that the provisions of Sec-
24 tion 33334 .2 will be applied only to those funds ultimately
25 received by the Agency, and not those passed-through by the Agen--
26 cy to the District or any other public agency. In the event that
27 the set-aside provision is found to be applicable to all Tax In-
28 crements generated by the Project , the District and the Agency
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1 agree to adopt appropriate amendments to this Agreement so that
2 the Agency will receive as its share of increments an amount cal-
3 culated as if the set-aside were not applicable to passed-through
4 funds . Second , under no circumstances is the District to receive
5 for any year (by virtue of this Agreement) payments in excess of
6 the amount of property tax revenues which would have been
7 received by the District if all the property tax revenues from
8 the Project Area had been allocated to all the affected taxing
9 agencies without regard to any division of taxes pursuant to
10 Health and Safety Code Section 33670. Third , the District shall
11 not be allocated funds where the effect would be to violate the
12 District ' s expenditure limitation under ARTICLE XIII .B of the
13 California Constitution.
14 Section 3 . Scheduling of Project Improvements
15 ( a) By the conclusion of the tenth year following the date
16 of the adoption of the Redevelopment Plan , the Agency is to have
17 expended 50% of the amount stated in the annual statement pre-
18 pared by the District pursuant to Section 2(c) of this Agreement
19 toward the engineering , administration , and construction of the
20 Project Improvements.
21 (b) By the conclusion of the twentieth year following the
22 date of the adoption of the Redevelopment Plan , the Agency is to
23 have expended 757 of the amount stated in the annual statement
24 prepared by the District pursuant to Section 2(c) of this Agree-
25 ment toward the engineering , administration , and construction of
26 the Project Improvements .
27 (c) By the conclusion of the thirtieth year following the
28 date of the adoption of the Redevelopment Plan , the Agency will
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1 have caused the Project Improvements to be fully completed .
2 Section 4. Construction of Project Improvements
3 The District shall supervise and approve the design and con-
4 struction of the Project Improvements and , upon completion of
5 said Project Improvements, shall assume responsibility for main-
6 tenance of the Project Improvements .
7 Section 5. Allocation of Special Taxes
8 District shall. be allocated , in addition to portions of taxes
9 allocated pursuant to Subdivision (a) of Section 33670 of the
10 Health and Safety Code and Section 2 of the Agreement , all or any
11 portion of the tax revenue allocated to Agency pursuant to Sub-
12 division (b) of Section 33670 attributable to increases in the
13 rate of tax imposed for the benefit of District which levy occurs
14 after the tax year in which the ordinance adopting the Redevelop-
15 ment Plan becomes effective.
16 Section 6. Modification and Termination
17 If, after this Agreement is executed , State enacts laws or
18 policies in conflict with all or any portion of this Agreement ,
19 Agency and District may mutually agree to excuse performance of
20 all or any portion of this Agreement by Agency or District . In
21 the event any section or portion of this Agreement shall .be held ,
22 found or determined to be unenforceable or invalid for any reason
23 whatsoever , the remaining provisions shall remain in effect , and
24 the parties thereto shall take further actions as may be reason-
25 ably necessary and available to them to effectuate the intent of
26 the parties as to all provisions set forth in this Agreement.
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1 Section 7 . Effective Date and Term
2 This Agreement shall become effective upon the date of execu-
3 tion of this Agreement and shall remain in effect during the term
4 of the Redevelopment Plan .
5 Section 8. Entire Agreement
6 This Agreement constitutes the entire , complete and final
7 expression of agreements between the parties .
8 IN WITNESS WHEREOF , the parties have executed this !agreement
g on the day and year first written above.
10 RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
11 ATTEST:
ATTEST;
12 GERALD A. MALONEY Clerk r '
13 6y By �/
Clerk of tHt" Vbard a rman , Board f Supervisors
14
15 CITY OF PALM SPRINGS
ATTEST:16
17
By z
JUDITH SUMICH NORMA.N R. K/ING
18 City Clerk City Manager
APP 1,0VED BY THE CITY COUNCIL
19 BYRES. NO. /_r/V7 4 f 71" PALM SPRINGS REDEVELOPMENT AGENCY
20
ATTEST:
21
22
C� By
23 �-Asst . Secretary Chairman
24 � ' � APPROVED AS TO FORM
25 L C 6o Gl4�o _ / zd-
FORM APPROVED
26 COUNTY COUNSEL F1SS�Sf ty Attorney
27 2 fake �..,.......
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