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Riverside Co/Tax Increment Payments - Proj Area 2 98MEMORANDUM OF UNDERSTANDING AND AGREEMENT BY AND BETWEEN THE COUNTY OF RIVERSIDE AND THE LA QUINTA REDEVELOPMENT AGENCY PERTAINING TO THE IMPLEMENTATION OF THE COOPERATION AGREEMENT FOR THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2. This Memorandum of Understanding is made and entered into this 28th day of April, 1998, by and among the County of Riverside ("County"), the Riverside County Free Library District ("Library District"), the Riverside County Structural Fire District ("Structural Fire District"), collectively the "County Entities," and the La Quinta Redevelopment Agency ("Agency"), collectively ("Parties"). WHEREAS, the Parties entered into that certain Cooperation Agreement entitled "Agreement By and Between the County of Riverside and the La Quinta Redevelopment Agency Pertaining to the Redevelopment Plan for Redevelopment Project No. 2" dated July 5, 1989 ("Cooperation Agreement"); and WHEREAS, it is the desire of all Parties to provide specific direction to the Parties in relation to interpretation and implementation of the payment and subordination obligations set forth in the Cooperation 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 above recitals are hereby found to be true and correct and incorporated as specific findings by each party. SECTION 2. All Capitalized Terms unless defined in this Memorandum shall have the same meaning as set out in the Cooperation Agreement. SECTION 3. The Parties agree that the foregoing may be implemented by agreeing to a specific monetary schedule for the repayment of the Retained Portion originally retained by the Agency pursuant to the Cooperation Agreement until the Project Area Tax Increment reaches the annual level of Five Million Dollars. The repayment schedule shall be as follows: APR 2 8 1998 -'?3 i YEAR Repayment Amount 1997-98 $800,000 1998-99 0 1999-00 0 2000-01 0 2001-02 100,000 2002-03 100,000 2003-04 100,000 2004-05 100,000 2005-06 100,000 2006-07 100,000 2007-08 150,000 2008-09 200,000 2009-10 200,000 2010-11 200,000 2011-12 250,000 2012-13 250,000 2013-14 250,000 2014-15 250,000 TOTAL $3,150,000 SECTION 4. The Pass -Through Portion of the County Portion shall be increased according to the following schedule: 75% of the County Portion in 1998-99; 90% of the County Portion in 1999-2000, and 100% of the County Portion in 2000-01 and thereafter, with the final payment for the remaining balance due in 2014-15. 0 SECTION 5. The Retained Portion, and the Repayment Amount, as modified herein, are and will continue to be subordinate to all existing and future bonded indebtedness regardless of the level of Project Area Tax Increment paid to the Agency. The Pass -Through Portion, as modified herein, is expressly pledged to the County and is a payment obligation of the Agency not subordinate to any bonded indebtedness. SECTION 6. This Memorandum of Understanding is conditioned on the restructuring of the outstanding 1992 bonds for this Project Area and therefore it shall only be effective upon the successful close of the 1998 Project Area No. 2 Tax Allocation Bonds for the Redevelopment Agency contemplated in Resolution No. RA-98. SECTION 7. Upon approval by all Parties hereto, this Memorandum of Understanding shall be deemed an amendment to the Agreement dated July 5, 1989, for Project Area No.2. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first above written. Dated: April 28, 1998 COUNTY OF RIVERSIDE Approved as to Form: t1, k \J,.-oC&-� LA QUINTA REDEVE Secre�tary— Fi r� V Approved as to Form: 3 By:_ 2-� Chairman, Redevelopment Agency Z/�" kk/fg 3--57 U U ■ !' CC (A0 CC 0 O U U ❑ ❑ c 0 m v c Q E 4; E U O U 0 N C N C y O U EQ x aw a� o a SUBMITTAL TO THE BOARD OF SUPERVISORS----__.��o �, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA q '• FROM: County Executive Office SUBMITTAL DATE: April 22, 1998 r4r� SUBJECT: MEMORANDUM OF UNDERSTANDING WITH LA QUINTA REDEVELOPMENT AGENCY RECOMMENDED MOTION: That the Board approve the attached Memorandum of Understanding with the La Quinta Redevelopment Agency. BACKGROUND: The 1989 agreement between the County and La Quinta Redevelopment Agency for the Agency's Project Area No. 2 provided for a 50/50 sharing of the County's share of increment until the total reached $5 million; thereafter, beginning with the following fiscal year the Agency would repay the County the 50% ($2.5 million) it had previously retained in equal installments. The Agency estimates that the $5 million threshold will be reached in FY '99. The Agency is undertaking a refunding of its bonds, and is requesting that the repayment of the $2.5 million be restructured to assist in managing the Agency's cash flow and debt service requirements. The repayment structure proposed in the MOU is based on a net present value calculation, and provides (1) an initial payment of $800,000 to the County, due prior to the end of the current fiscal year; (2) deferment of further payments for three years; and (3) tiered payments totaling $2.35 million, beginning in FY'02 and continuing through FY ' 15. FINANCIAL DATA: CURRENT YEAR COST $ 0 NET COUNTY COST $ 0 ANNUAL COST $ 0 IN CURRENT YEAR BUDGET: YES/ NO/X BUDGET ADJUSTMENT: YES/ NO/X FOR FY: 98 SOURCE OF FUNDS: La Quinta Redevelopment Agency RM ARRAGVER C.E.O. RECOMMENDATION: Approve. COUNTY COUNSEL APR 2 31998 Executive Officer MINUTES OF THE BOARD OF SUPERVISORS On motion of Supervisor Wilson, seconded by Supervisor Tavaglione and duly carried by unanimous vote, IT WAS ORDERED that the above matter is approved as recommended. Ayes: Buster, Tavaglione, Venable, Wilson and Mullen Noes: None Absent: None Date: April 28, 1998 xc: E.O., Co.Co., Auditor Gerald A. IV Clesl,of the FORM 11 (Rev. 8/96) La Quinta RDA / MOU 4-22-98 / page 2 The attached MOU has been reviewed by County Counsel and approved by the La Quinta Redevelopment Agency. Roby agl�r Deptity County Exec /ive Officer FORM 11 (Rev. 8/96)