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Home My WebLink About01986 - RIVERSIDE COUNTY CRA FLOOD TAHQUITZ ANDREAS TAX INCREMENT Riverside County Flood Control, COOPERATIVE AGREEMENT BETWEEN THE CRA and City - re allocation RIVERSIDE COUNTY FLOOD CONTROL AN of tax increment from Tahq- WATER CONSERVATION DISTRICT, CITY Andreas Redev proj area OF PALM SPRINGS, AND THE PALM AGREEMENT #1986(orig 9-22-83) SPRINGS REDEVELOPMENT AGENCY. Res_ 14720, 9-21-83 This Agreement is made by and between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ("DISTRICT") , CITY OF PALM SPRINGS ("CITY") , and the PALM SPRINGS REDEVELOPMENT AGENCY ("AGENCY") . WHEREAS the AGENCY proposed to redevelop certain areas of the City of Palm Springs as described in the "Redevelopment Plan for the Tahquitz-Andreas Redevelopment Project" of the PALM SPRINGS REDEVELOPMENT AGENCY ("PLAN") adopted by Ordinance 1187 of the City of Palm Springs; and WHEREAS the DISTRICT desires to enter into an agreement with the AGENCY to alleviate any financial burden or detriment imposed upon DISTRICT as a result of this redevelopment process and the tax increment financing as proposed by the PLAN; and WHEREAS the AGENCY has found and determined that it would be appropriate to alleviate any financial burden or detriment which may be imposed upon DISTRICT as a result of the redevelopment process and the tax increment financing proposed by the PLAN; NOW THEREFORE, the parties agree as follows: SECTION II DEFINITIONS: 1. "DISTRICT" shall mean the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic of the State of California. 2. "AGENCY" shall mean the REDEVELOPMENT AGENCY of the CITY OF PALM SPRINGS. 3. "PROJECT" shall mean the specific geographic area and redevelopment activities described in the "Redevelopment Plan for the Tahquitz-Andreas Redevelopment Project." 4. "TAX INCREMENT" shall mean that portion of property taxes resulting from the increase in assessed valuation in the PROJECT area over the base year assessed valuations in the PROJECT area, as defined in Section 33670 of the Health and Safety Code. The 1982-83 assessment roll , which is the last roll equalized prior to the effective date of the ordinance adopting the Redevelopment Plan for the PROJECT will be utilized as the base year assessment roll . "TAX INCREMENT" shall refer to those taxes raised as a result of the levy of property taxes (presently set at 1% pursuant to Article XIIIA of the Constitution of the State of California) . "TAX INCREMENT," as referred to in this Agreement, shall not include those taxes levied in excess of the general levy (presently 1%) . As used herein "TAX INCREMENT" refers only to those revenues (as described in this part 4 of Section I) which are directly derived from the Tahquitz-Andreas Project Area. The Agreement does not affect any other Project Area, or any other revenues or assets of the AGENCY. 5. "DISTRICT SHARE" shall mean that portion of "TAX INCREMENT" that the DISTRICT should receive by applying its tax rate to the total assessed valuations for each year but for the existence of the Redevelopment Project, all as computed by the County Auditor- Controller in accordance with the applicable provisions of the Revenue and Taxation Code of the State of California. 6. "ORDINANCE" means Ordinance 1187 of the City of Palm Springs. SECTION II ALLOCATION OF TAX INCREMENT: TAX INCREMENT shall be allocated as follows, subject to the limits of Section 33675(d) of the Health and Safety Code of the State of California (debt provision) and of the PLAN: 1. For the first five (5) years from the time the AGENCY receives its first allocation of TAX INCREMENT, 100% of the DISTRICT SHARE shall be allocated to the AGENCY. 2. For the next ten (10) years, 50% of the DISTRICT SHARE shall be allocated to DISTRICT, and the remainder shall be allocated to AGENCY. 3. Thereafter, through the life of the PLAN, 100% of the DISTRICT SHARE shall be allocated to DISTRICT. The determination of the amounts allocable pursuant to this Section II shall accommodate the following three principles, which shall control in the event of any conflict between the principles and any other provision of this Agreement. The principles are as follow: First, the parties intend that the calculation of the AGENCY's share of increments assumes that the provisions of Section 33334.2 will be applied only to those funds ultimately received by the AGENCY, and not those passed-through by the AGENCY to the DISTRICT or any other public agency. In the event that the set-aside provision is found to be applicable to all TAX INCREMENTS generated by the PROJECT, the DISTRICT and the AGENCY agree to adopt appropriate amendments to this Agreement so that the AGENCY will receive as its share of increments an amount calculated as if the set-aside were not applicable to passed-through funds. Second, under no circumstances is the DISTRICT to receive for any year (by virtue of this Agreement) payments in excess of the amount of property tax revenues which would have been received by the DISTRICT if all the property tax revenues from the PROJECT area had been allocated to all the affected taxing agencies without regard to any division of taxes pursuant to Health and Safety Code Section 33670. Third, the DISTRICT shall not be allocated funds where the effect would be to violate the DISTRICT's expenditure limitation under Article XIII.B. of the California Constitution. The obligation of the AGENCY created by Section II of this Agreement shall constitute an indebtedness of the AGENCY as defined in Section 33670 of the Health and Safety Code and the payment thereof shall be solely from TAX INCREMENT as herein defined. This Agreement shall further constitute a pledging of TAX INCREMENTS for the PROJECT to repay such indebtedness under the provisions of Article XVI, Section 16 of the California Constitution and Sections 33670 through 33677 of the Health and Safety Code. The DISTRICT agrees to consider amendments to this Agreement as may be proposed by the AGENCY to facilitate financing of redevelopment activities. SECTION III MASTER DRAINAGE PLAN FACILITY CONSTRUCTION: The AGENCY shall have no duty to allocate any funds to the DISTRICT except as provided in Section II of this Agreement. The DISTRICT shall use the DISTRICT SHARE and any funds provided to the DISTRICT by the AGENCY pursuant to this Section III to provide drainage facilities located within the City of Palm Springs, and further located within the PROJECT area or adjacent to and of benefit to the PROJECT area. DISTRICT shall augment said revenue with Zone 6 ad valorem taxes, Zone 6 benefit assessment revenues, developer fees or other sources that may be made available to construct the facilities. SECTION IV PROJECT MAINTENANCE: DISTRICT shall maintain any flood control facilities constructed by DISTRICT solely at its cost. SECTION V COOPERATION: CITY will cooperate in the implementation of the Agreement; provided that the CITY shall incur no financial obligations by virtue of this provision or Agreement. SECTION VI EFFECTIVE DATE AND TERM: This Agreement shall become effective upon the effective date of the ORDINANCE of the City Council adopting the plan and shall remain in effect during the term of the plan. In the event that litigation is commenced challenging the plan, the PROJECT, or the ORDINANCE adopting the plan, this Agreement shall be suspended unless and until such litigation is dismissed and the validity of the Plan, the PROJECT, and the ORDINANCE upheld in a judgment that is final (and the rights of the parties hereto shall be deemed to have been effect throughout such period) . If the Plan, PROJECT, or the ORDINANCE are held invalid in litigation, this Agreement shall be null and void. The DISTRICT agrees to forbear from pursuing any legal remedies it might have to challenge the validity of the Plan, the PROJECT, or the ORDINANCE. SECTION VII MODIFICATION: This Agreement shall not be modified except by written agreement of the parties. SECTION VIII 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. Dated: G� ATTEST: REDEVELOPMENT AGENg OF THE CITY OF PALM SPRINGS By l_,/ Assistant Secretary irman ATTEST: _ CITY OF DA M'SPRINGS, CALIFORNIA - CL y � % City Clerk City Mapdger REVIEWED & APPROVED: ATTEST: RIVE IDE COUNTY FLOOD CONTROL AND GERALD MALONEY, Clerk W E ONSERVNTI STRICT BY `9nu� '113" BY Deputy Chairman FOR�}�pR40VED Coo NSEL APP�OVq AS TO FORM IS P. 29 1983 By APPROVED BY THE CITY COUNCIL, I City Attorney