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CVWD - Flood Control 85AGREEMENT BETWEEN THE CITY OF LA QUINTA, THE LA QUINTA REDEVELOPMENT AGENCY AND THE COACHELLA VALLEY WATER DISTRICT This Agreement is entered into this 15th day of August f 1985, between the CITY OF LA QUINTA (the "City"), the LA QUINTA REDEVELOPMENT AGENCY (the "Agency") and the COACHELLA VALLEY WATER DISTRICT (the "District"). Recitals 1. The City and the Agency propose to undertake certain redevelopment activities known as the "Redevelopment Plan for the La Quinta Redevelopment Project" pursuant to the Community Redevelopment Law of the State of California in the interest of the health, safety and general welfare of the people of the City of La Quinta; and 2. The Agency proposes to finance and construct the La Quinta Flood Control Facilities Project (Project); and 3. The Agency, City and District have entered into agreements dated November 29, 1983, June 5, 1984, and July 23, 1985, for the financing by the Agency of and the preparation of plans and specifications for the Project; and 4. The District is authorized by law to construct, operate and maintain drainage and flood control works and facilities within the Project Area; and 5. The parties hereto desire to make certain mutual provisions for the financing of the Project. Covenants 6. The District has advanced $778,000 for engineering costs associated with the design and preparation of plans and specifications for the Project. 7. The District agrees to defer the repayment of the $778,000 for a period not to exceed five years from the date of this Agreement; however, the -1- Agency will repay the District as soon as possible after the annual gross tax increment revenues are equivalent to 125 percent of maximum annual debt service of the La Quinta Redevelopment Project Tax Allocation Bonds, Series 1985, and the Reserve Account for said Bonds, Series 1985 is fully funded. 8. The Agency will pay the District interest on the deferred funds at the interest being paid by the State of California Local Agency Investment Fund for the period of the deferral. Interest will start on the date of delivery of the bond proceeds to the Agency. Interest shall be due with the repayment of the funds. 9. It is agreed that the deferral in the amount of $778,000 shall be placed in an account overseen by a Trustee and such funds shall only be used to the extent necessary to meet debt service requirements on the La Quinta Redevelopment Agency Project Tax Allocation Bonds, Series 1985, until such time of the repayment of the District in Paragraph 7 above from funds in the account or from other funds. 10. This Agreement may be amended from time to time by mutual agreement of the parties hereto. 11. This Agreement shall be effective when it is executed by the parties hereto. 12. Each paragraph and provision of this Agreement is severable from each other provision and if any provision or part herein is declared invalid the remaining provision shall nevertheless remain in full force and effect. 13. This Agreement constitutes the entire, complete and final expression of the Agreement of the parties. 14. If action or claim is brought by either party against the other to enforce or for damages for breach of any of the provisions of this Agreement, the prevailing party therein shall be entitled to recover as an element of its costs of suit and not as damages, all attorneys fees and other costs actually incurred in connection with such action or claim. Either party not entitled to recover costs of suit shall not recover attorneys fees. -2- CITY OF LA QUINTA ATTEST: ATTEST: Executive Director ATTEST: Secretary -3- yo LA QUINTA REDEVELOPMENT AGENCY ai an COACHELLA VALLEY WATER DISTRICT AGREEMENT BETWEEN THE CITY OF LA QUINTA, THE LA QUINTA REDEVELOPMENT AGENCY AND THE COACHELLA VALLEY WATER DISTRICT This Agreement is entered into this 15t11 day of August , 1985, between the CITY OF LA QUINTA (the "City"), the LA QUINTA REDEVELOPMENT AGENCY (the "Agency") and the COACHELLA VALLEY WATER DISTRICT (the "District"). Recitals 1. The City and the Agency propose to undertake certain redevelopment activities known as the "Redevelopment Plan for the La Quinta Redevelopment Project" pursuant to the Community Redevelopment Law of the State of California in the interest of the health, safety and general welfare of the people of the City of La Quinta; and 2. The Agency proposes to finance and construct the La Quinta Flood Control Facilities Project (Project); and 3. The Agency, City and District have entered into agreements dated November 29, 1983, June 5, 1984, and July 23, 1985, for the financing by the Agency of and the preparation of plans and specifications for the Project; and 4. The District is authorized by law to construct, operate and maintain drainage and flood control works and facilities within the Project Area; and 5. The parties hereto desire to make certain mutual provisions for the financing of the Project. Covenants 6. The District has advanced $778,000 for engineering costs associated with the design and preparation of plans and specifications for the Project. 7. The District agrees to defer the repayment of the $778,000 for a period not to exceed five years from the date of this Agreement; however, the -1- Agency will repay the District as soon as possible after the annual gross tax increment revenues are equivalent to 125 percent of maximum annual debt service of the La Quinta Redevelopment Project Tax Allocation Bonds, Series 1985, and the Reserve Account for said Bonds, Series 1985 is fully funded. 8. The Agency will pay the District interest on the deferred funds at the interest being paid by the State of California Local Agency Investment Fund for the period of the deferral. Interest will start on the date of delivery of the bond proceeds to the Agency. Interest shall be due with the repayment of the funds. 9. It is agreed that the deferral in the amount of $778,000 shall be placed in an account overseen by a Trustee and such funds shall only be used to the extent necessary to meet debt service requirements on the La Quinta Redevelopment Agency Project Tax Allocation Bonds, Series 1985, until such time of the repayment of the District in Paragraph 7 above from funds in the account or from other funds. 10. This Agreement may be amended from time to time by mutual agreement of the parties hereto. 11. This Agreement shall be effective when it is executed by the parties hereto. 12. Each paragraph and provision of this Agreement is severable from each other provision and if any provision or part herein is declared invalid the remaining provision shall nevertheless remain in full force and effect. 13. This Agreement constitutes the entire, complete and final expression of the Agreement of the parties. 14. If action or claim is brought by either party against the other to enforce or for damages for breach of any of the provisions of this Agreement, the prevailing party therein shall be entitled to recover as an element of its costs of suit and not as damages, all attorneys fees and other costs actually incurred in connection with such action or claim. Either party not entitled to recover costs of suit shall not recover attorneys fees. -2- CITY OF LA QUINTA ATTEST: City Clerk ATTEST: Executive irector ATTEST: Secretary -3- O or LA QUINTA REDEVELOPMENT AGENCY a COACHELLA VALLEY WATER STRICT 1 ,4 Genera anag r--IWef Engineer