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8/9/11 LES <br />G. As part of the winding down process, all agencies are required to file a <br />schedule of "enforceable obligations" that require payments to be made through the end <br />of the calendar year 2011. <br />H. Under the threat of dissolution pursuant to ABX1 26, and based upon the <br />contingencies and reservations set forth herein, the Agency establishes the Enforceable <br />Obligation Payment Schedule ("FOPS") to be able to continue redevelopment activities <br />that were begun prior to the effective date of ABX1 26 (see FOPS attached hereto and <br />incorporated herein as Exhibit A). <br />I. The Agency reserves the right to appeal any determination of the California <br />Director of Finance or other entity regarding the propriety of requiring this resolution as <br />well as any future determinations. <br />J. The Agency is aware that an action challenging the constitutionality of <br />ABX1 26 and ABX1 27 has been filed on behalf of cities, counties, and redevelopment <br />agencies. Further, the Agency reserves the right, regardless of any actions taken <br />pursuant to this resolution, to challenge the legality of ABX1 26 and ABX1 27 and seek <br />reimbursement for compliance costs of this state-mandated program. <br />K. The Agency currently intends to comply with the state-mandated <br />obligations established hereunder, they shall all be made under protest and without <br />prejudice to the Agency's right to recover such amounts and interest thereon, to the <br />extent there is a final determination that ABX1 26 and ABX127 are unconstitutional or <br />otherwise infirm, including state-mandated costs for complying with the establishment of <br />the FOPS attached hereto, and any amendments thereto. <br />L. To the extent a court of competent jurisdiction enjoins, restrains, or grants <br />a stay on the effectiveness of the Alternative Voluntary Redevelopment Program's <br />payment obligation of ABX1 26 and ABX1 27, the Agency shall not be obligated to file <br />the FOPS or comply with the terms and conditions of ABX1 26 and ABX1 27 for the <br />duration of such injunction, restraint, or stay, and this resolution shall not be construed as <br />any waiver or disclaimer of its rights with respect to such injunction, restraint or stay. <br />M. The applicability of the attached FOPS is contingent upon the applicability <br />of Part 1.8 of ABX1 26 to the Agency. <br />Section 2. The attached Enforceable Obligation Payment Schedule (Exhibit A) <br />establishes those obligations which the Community Redevelopment Agency of the City of Santa <br />Ana has binding commitments that it has entered into and includes legal commitments that it is <br />obligated to enter into before January 1, 2012, to meet the pre-existing commitments of <br />contracts and obligations that were established prior to the effective date of ABX1 26. <br />Section 3. The Executive Director of the Agency, or her/his designee ("Executive <br />Director"), is directed to file this Enforceable Obligation Payment Schedule in the manner <br />required bylaw. The Executive Director is further authorized to withhold filing this resolution and <br />the Enforceable Obligation Payment Schedule in the event of a stay, injunction, or other Court <br />2 3-10 <br />EXHIBIT 2 <br />