Riverside Co/Tax Increment for School - Proj Area 2 89AGREEMENT BY AND BETWEEN THE COUNTY OF RIVERSIDE
SUPERINTENDENT OF SCHOOLS AND THE LA QUINTA
REDEVELOPMENT AGENCY PERTAINING TO THE REDEVELOPMENT
PLAN FOR REDEVELOPMENT PROJECT NO. 2
This Agreement is made and entered into this 6 day of
1989 by and between the County of Riverside
Superint ndent of Schools (the "County Superintendent") and the
La Quint Redevelopment Agency (the "Agency").
R E C I T A L S
WHEREAS, by Resolution No. , the Planning Commission of
the City of La Quinta (the "Planning Commission") established
proposed boundaries for a redevelopment project area (the
"Project Area" of "Redevelopment Project No. 2"). The Project
Area as proposed is described in Exhibit "A" hereto,
incorporated herein by reference; and
WHEREAS, the La Quinta Redevelopment Agency (the "Agency")
has formulated a redevelopment plan (the "Redevelopment Plan")
for Redevelopment Project No. 2; and
WHEREAS, the Redevelopment Plan contains provisions for the
distribution and allocation of property tax revenues derived
from property located within the Project Area to the Agency
pursuant to California Health and Safety Code Section 33670(b)
(hereafter referred to as "Project Area Tax Increment"); and
WHEREAS, meetings have been held by representatives of the
County Superintendent and representatives of the Agency to
discuss the fiscal impact of the project on the County
Superintendent; and
WHEREAS, pursuant to California Health and Safety Code
Section 33401, the Agency may pay to the County Superintendent,
as a taxing agency with territory located in the Project Area,
an amount of money which, in the Agency's determination, is
appropriate to alleviate any financial burden or detriment
caused to the.County Superintendent by the inclusion of
territory within the Project Area by the Redevelopment Plan; and
WHEREAS, the parties agree that the allocation of all the
tax increment revenue to the Agency as a result of the
implementation of the Redevelopment Plan as proposed would
cause a financial burden and detriment to the County
Superintendent in that there will be a net increase in the
quality and quantity of services provided by the County
Superintendent; and
WHEREAS, the parties agree that the payments provided for
under this Agreement are necessary to and are sufficient to
alleviate the above financial burdens and detriments; and
WHEREAS, for the above reasons, and to amicably resolve any
differences regarding the Redevelopment Plan, the parties
hereto enter into this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the
mutual covenants and conditions contained herein, the parties
hereto agree as follows:
Section 1. 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 La Quinta Redevelopment Agency.
(b) "City" shall mean the City of La Quinta a municipal
corporation.
(c) "Community Redevelopment Law" shall mean Part 1 of
Division 24 of the Health & Safety Code (commencing with
Section 33000).
(d) "County Superintendent Portion" shall mean that
portion of the taxes allocated to and received by the Agency as
Project Area Tax Increment from the Project Area pursuant to
Health & Safety Code Section 33670(b) resulting from the
general purpose tax levy of the County Superintendent. For
purposes of this Agreement, the percentage used by the Agency
in calculating such share shall be the same percentage of the
"frozen base" from the Project Area which is allocated and paid
to County Superintendent (or its successor) pursuant to Health
& Safety Code Section 33670(a) as of the date of adoption of
Redevelopment Plan for the Project, namely 4.18% of the 1% levy.
(e) "County Superintendent" shall mean the County
Superintendent of Riverside Superintendent of Schools, a
political subdivision of the State of California, and its
successors.
(f) "Fiscal Year" or "Year" shall mean the period from
July 1 to and including the following June 30.
(g) "Redevelopment Plan" means the Redevelopment Plan for
the Redevelopment Project No. 2 as approved by ordinance
No.
(h) "Term" means the period of time the Redevelopment Plan
remains in effect.
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Section 2.
. (a) The Agency shall pay to the County Superintendent each
Year an amount equal to fifty percent (50%) of the County
Superintendent Portion which is received by the Agency in such
Year.
(b) Payments pursuant to Section 2 are subject to the
conditions and limitations set forth in parts (a), (c) and (d)
of Section 3 of this Agreement.
Section 3. Payment to the County Superintendent is
subject to the following conditions and limitations:
(a) Agency's obligation under this Agreement is deemed to
constitute "an indebtedness" within the meaning of
Health and Safety Code Sections 33670 and 33675.
(b) Agency shall pay to the County Superintendent amounts
due pursuant to this Agreement during each fiscal year
within a reasonable period after Agency receives the
Project Area Tax Increment allotment from the County
Auditor -Controller provided that payments in relation
to allotments received between July 1 and December 31,
of any fiscal year shall be made no later than the
following February 28; and that payments in relation
to allotments received between January 1 and June 30,
of any fiscal year shall be made no later than the
following August 30.
(c) The Agency's obligation to make payments hereunder
shall be limited to Project Area Tax Increment from
the Project Area received by the Agency. The City
shall have no financial obligation by virtue of this
Agreement, and shall not be responsible for the
discharge of obligations of the Agency herein.
(d) Notwithstanding any other provisions of this Agreement
to the contrary, the Agency's obligation to make
payments to the County Superintendent under this
Agreement in any single year shall not: (i) exceed
the amount of property tax revenues which would have
been received by either if all the property tax
revenues from the Project Area had been allocated to
all the affected taxing agencies without regard to the
division of taxes required by Health and Safety Code
Section 33670; (ii) violate the expenditure limitation
under Article XIIIB of the California Constitution of
such entity; or (iii) be contrary to an order of a
court of competent jurisdiction or contrary to any
provision of the laws of the State of California.
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(e) The County Superintendent certifies he/she has not at
any time requested and does not now request the
receipt of revenues pursuant to Health and Safety Code
Section 33676(a)(2) in connection with the Project.
Section 4. The County Superintendent agrees and
covenants that he/she shall not file or participate in
opposition to the Agency in any lawsuit attacking or otherwise
questioning the validity of the Redevelopment Plan, any
statement of indebtedness consistent with this Agreement, or
any of the findings or determinations made by Agency or City
Council of the City in connection with such Redevelopment Plan.
Section 5. If, during the Term, the County
Superintendent identifies a project for Agency funding and if
the Agency agrees that such project is appropriate for Agency
funding, then the parties hereto agree to modify this Agreement
in accordance with the provisions of Section 6 of this
Agreement.
Section 6. This Agreement constitutes the entire
agreement between the Agency and County Superintendent with
respect to the matters set forth herein, and any changes,
modifications or amendments thereto shall be legally binding
and effective only upon duly executed written amendment hereto.
Section 7. This Agreement shall bedome effective the
date last executed below and shall continue in effect until
Agency or its successor is deactivated pursuant to
Section 33141 of the California Health and Safety Code;
provided that this Agreement shall terminate automatically and
be of no further force or effect in the event that the
Redevelopment Plan is not adopted on or before December 31,
1989, or in the event the adoption of the Redevelopment Plan
should be set aside or annulled as the result of litigation.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
Dated:
APPROVED JAS TO FORM:
TIE.ly'G=,I��r
Dated: oa/yr /fd4��
/ 'Agency
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4016n/2338/004
COUNTY OF RIVERSIDE SUPERINTENDENT
OF SCHOOLS
By: Z7
Its:
LA QUINTA REDEVELOPMENT GENCY
A
By: 1�4k
Its: Chairma
-5-
APPROVED AS TO FORM:
Agency General Counsel
APPROVED AS TO FORM:
Agency Special Counsel
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EXHIBIT "A"
Project Area
[To Be Inserted]
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