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HomeMy WebLinkAboutRDA 03 LOAN AGREE 06-17-96 RDA NO. 3 : / 6-17,-96 In ter- o rn DATE: JUNE 12, 1996 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: RONALD A. NAULT, FINANCE DIRECTOR SUBJECT: LOAN AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY SUMMARY: The approval of this loan and'i'administra'tive'iservices · agreement between the city and the RedeVelopm' nt:'":.Age'ncY.:/Wil'l' comply with section 33675 of.-th'e:.califo'rnia Health' and': safety Code regarding the allocation and p'ayment of tax increment to Redevelopment Agencies. .".: :.. '.:..~: i ~ RECOMMENDATION: Authorize the Mayor and the Chairperson of the Redevelopment Agency to execute the attached Loan Agreement off&ring and accepting a loan from the City to the Agency of $2,400,000. DISCUSSION: Section .33670 et Seq. of the California Health and Safety Code stipulates that tax increment can onlY be distributed to RedeVelopment Agencies for the sole purpose of repaying debt. Any tax increment collected in excess of outstanding debt will be returned to the CountY to be redistributed to the original taxing agencies. This loan from the General Fund will permit the Agency to complete the goals and objectives of the South Central Project Area for Fiscal Year 1996-97. The loan will be repaid to the General Fund from tax increment generated by the South Central Project Area. BACKGROUND: When a Redevelopment Agency Project Area is formed, the assessed valuation for the area is frozen and becomes the base against which all future growth is measured. The growth in property taxes generated by the "incremental" growth in assessed valuation as. measured against the base year is allocated directly to the Redevelopment Agency. This "tax increment" and, to a much lesser degree, interest earned on the increment, is the only source of income made available to Redevelopment Agencies. Section 33610 of the Health and Safety COde restricts the distribution of tax increment to Redevelopment Agencies to the extent it is equal to or less than outstanding debt. Until such time .that a long term financing plan is completed, the policy of making annual loans between the City and the Agency will assure the full receipt of tax increment to the Agency and maximize the Agency's ability to meet its goals and objectives in the South Central Project Area. Finance Director RAN:ts Attachments RAN5 :Agenda4. Jun AGREEMENT THIS AGREEMENT is made and entered into this 17th day of June, 1996, by and between the CITY OF TUSTIN, a municipal corporation of the County of Orange, State of California, hereinafter referred to as "City", and the TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a California Redevelopment Agency, hereinafter referred to as "Agency". RECITALS WHEREAS, the City Council of the City, pursuant to Health and Safety Code section 33610, has deemed it necessary to loan the Agency Two Million Four Hundred Thousand ($2,400,000.00) to assist the Agency in carrying out the programs budgeted for 1996-97; and WHEREAS, the City Council of the City offered said loan to the Agency; and WHEREAS, the City has offered to provide administrative, planning, engineering, design, accounting and other services as required, including direct and indirect overhead charges to the Agency at a fixed rate; and WHEREAS, the Agency, pursuant to Health and Safety Code section 33601, has accepted said offers; and WHEREAS, the parties intend to further memorialize their agreement as to said loan and to set forth the terms and conditions thereof as agreed to at the time of offer and acceptance; NOW, THEREFORE, in consideration of the mutual convenants, agreements and considerations contained herein, City and Agency hereby agree as follows: 1. Said loan is to be used by the Agency in carrying out programs in the South Central Redevelopment Project Area and any other lawful purposes. 2. The sum loaned to the Agency is to be repaid to the City as follows: a · Interest on said sum shall accrue at the monthly rate as reported by the Local Agency Investment Agency Fund (LAIF) from the date of transfer of said sum until such time as said sum is repaid to City. be The sum loaned to the Agency, as well as accrued interest thereon, shall be repaid to'City by the Agency from tax increment revenues received pursuant to Health and Safety Code sections 33670 et seq. Ce If no funds become available to the Agency to repay said sum, the money loaned and accrued interest thereon is forgiven and need not be repaid to the City. 3. The sum agreed upon for other services, without interest thereon, shall be paid to City by the Agency from tax increment revenues received pursuant to Health and Safety Code sections 33670 et seq., as follows: $360j000 from the Town Center Project Area and $406,000 from the South Central Project Area. a · If no funds become available to the Agency to pay said sum, it is forgiven and need not be paid to the City. Executed this 17th day of June, 1996. "CITY" CITY OF TUSTIN BY: Tracy Wills Worley, Mayor "AGENCY', TUSTIN COMMUNITY REDEVELOPMENT AGENCY BY: Tracy Wills Worley, Chairperson ATTEST: Pamela Stoker, City Clerk Pamela Stoker, Redevelopment Agency Secretary RAN5 :AgreeRDA. ~un