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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. 04/18/89 4016n/2338/004 -2- 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. 04/18/89 4016n/2338/004 -3- (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. 04/18/89 4016n/2338/004 -4- 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 04/18/89 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 04/18/89 4016n/2338/004 -6- EXHIBIT "A" Project Area [To Be Inserted] 04/18/89 4016n/2338/004 -7-