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80A - JOINT- RESO - 2003 BONDS
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80A - JOINT- RESO - 2003 BONDS
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9/29/2016 3:16:17 PM
Creation date
9/29/2016 2:59:06 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
10/4/2016
Destruction Year
2021
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EXHIBIT I <br />obligations" that shall be listed separately on the successor agency's Recognized Obligation Payment <br />Schedule ( "ROPS "). <br />H. The Successor Agency received the Finding from the State of California Department <br />of Finance dated as of November 26, 2014. <br />I. The CRL pre - dissolution provided for, and the Dissolution Law post- dissolution <br />continues to provide for, a cooperative relationship between sponsoring cities and their redevelopment <br />agencies, as well as their successor agencies who have assumed the duties and obligations of the former <br />redevelopment agencies. Under CRL Section 33220, a city may aid and cooperate in the planning, <br />undertaking, construction, or operation of redevelopment projects. CRL, Section 33220(e) specifically <br />authorizes a city to enter into an agreement with its redevelopment agency or any other public entity <br />to ,further redevelopment purposes. Section 34178(a) of the Dissolution Law allows a successor agency <br />and its sponsoring city to enter into agreements, subject to Oversight Board approval under <br />Section 34180(h) of the Dissolution Law. <br />J. The Successor Agency has and will have proceeds of its Community Redevelopment <br />Agency of the City of Santa Ana, South Main Street Redevelopment Project, Tax Allocation Bonds, <br />Series 2003A ( "2003A Bonds ")(together with other funds described in Section 2.1 below, <br />"Bond Proceeds ") that are not otherwise obligated for a project or other enforceable obligation. <br />The Successor Agency desires to transfer such Excess Bond Proceeds (defined below) to the City to <br />enable the City to expend such Excess Bond Proceeds for redevelopment and other public purposes <br />consistent with all applicable covenants of the 2003A Bonds. <br />K. The Successor Agency desires to transfer its Excess Bond Proceeds to the City to <br />enable the City to use such Excess Bond Proceeds in a manner consistent with the covenants of the <br />2003A Bonds and to undertake projects and programs that were not previously funded and obligated <br />by the former Agency pre - dissolution or by the Successor Agency post - dissolution, or by the City pre- <br />or post-dissolution. The City has adopted a spending plan for using such Excess Bond Proceeds ( "Bond <br />Spending Plan ") to advance the City's community development goals while maximizing fiscal and <br />social benefits flowing to the affected taxing entities from successful development. The City Council <br />and Successor Agency Board have found that the use of Excess Bond Proceeds are in accordance with <br />the Bond Spending Plan to fund various capital improvements within and outside the former Santa Ana <br />South Main Street Redevelopment Project Area (for which a benefit resolution shall have been adopted <br />by the Successor Agency) and are in accordance with CRL Sections 33445, 33445.1, and 33679 and <br />other applicable law. <br />L. In order to facilitate the use of Excess Bond Proceeds consistent with all applicable <br />bond covenants, the Successor Agency and the City have negotiated this Agreement requiring the <br />transfer of current and future excess on procee s y e uccessor gency o t e Cityy, anc�he Ci 's <br />agreement to use such proceeds consistent with all applicable covenants, conditions, restrictions and <br />obligations under the 2003A Bonds. The parties intend that this Agreement shall constitute an excess <br />bond proceeds obligation within the meaning of the Dissolution Law to be paid from Excess Bond <br />Proceeds. With Oversight Board approval, the Successor Agency has listed this Agreement, and the <br />requirement to transfer excess bond proceeds herein, on its ROPS 2016 -17 as an obligation to be funded <br />with Excess Bond Proceeds, and as and if applicable, will list on successive ROPS if required by the <br />Dissolution Law. <br />PLOW, THEREFORE, the parties hereto do mutually agree as follows: <br />80A -12 <br />
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