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<br /> <br /> <br /> <br /> Case law holds that where "detail"' or non-essential terms ofa <br /> contract are to be agreed in the futUre. the contract remains <br /> enforceable-', While certain ministerial arrangements may remain <br /> outstanding. the material terms of the S.A. Venture Agreement are <br /> in place; hence, the S_A. Venture Agreement is enforceable. <br /> Pledges of Tax Increment are I lonored by the Dissolution Act. The Successor Agency's <br /> obligation to repay the Fee Loan under the S_A. Venture Agreement is supported by a pledg=e of <br /> tax revenues I'r0111 the Site_ Section 34175(a) specifically protects pled-cs of lax revenues made <br /> by the former Agency, as follows: <br /> It is the intent of this part that pledges Of-revenues associated with <br /> enforceable obligations of-the former redevelopment agencies are <br /> to be honored. It is intended that the cessation of any <br /> redevelopment a-ency shall not affect either the pledge, the legal <br /> existence of that pledge, or the stream of revenues available to <br /> meet the rcquirenlcnts of the pledge. <br /> Section 34174(a) provides lurther support Ior the conclusion that the obligation to pay the <br /> Dees is an enforceable obligation protected by the Dissolution Act: <br /> JN]othin- herein is intended to absolve the successor agency of <br /> payment or other obligations due or imposed pursuant to the <br /> enforceable obligations; and provided further, that nothing in the <br /> act adding this part is intended to be construed as an action or <br /> circumstance that may give rise to an event ofdelault under any of <br /> the documents governing the enforceable obligations. <br /> The legislature was clearly mindful that the Dissolution Act would be unconstitutional if <br /> it impaired existing contractual obligations ofthe Former Agency.19 <br /> <br /> <br /> <br /> C it t' u/ Lu.ti : t ngc/es v. Superior C'our? (1 959) 51 Ca I 2d 423. 43". <br /> See footnote [5], above. <br /> I'u~•c v ~~-o <br /> <br /> 3-33 <br />