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80B - JOINT - RESO - 2011 BONDS
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80B - JOINT - RESO - 2011 BONDS
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Last modified
9/29/2016 3:16:47 PM
Creation date
9/29/2016 2:59:15 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80B
Date
10/4/2016
Destruction Year
2021
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EXHIBIT I <br />NOW, THEREFORE, the parties hereto do mutually agree as follows: <br />RECITALS <br />The recitals above are an integral part of this Agreement and set forth the intentions of the <br />parties and the premises on which the parties have decided to enter into this Agreement. <br />2, DEFINITIONS <br />For purposes of this Agreement, the following terms shall have the indicated meaning: <br />2.1 "Dissolution Law" is defined in Recital D. <br />2,2 "Bond Proceeds" is defined in Recital J and also includes (1) proceeds from the 201 IA <br />Bonds and interest earned thereon, (2) rents, sale proceeds and other revenues generated by properties <br />acquired and/or improved with proceeds from the 2011A Bonds, (3) interest and principal paid on <br />loans funded by proceeds from the 20t to Bonds, (4) moneys held by the trustee in connection with <br />the issuance of the 2011A Bonds, and (5) other income or revenues generated from assets acquired or <br />funded with proceeds from the 201 IA Bonds. <br />2.3 "Excess Bond Proceeds" means Bond Proceeds that are not needed to satisfy <br />Enforceable Obligations listed on an approved ROPS and which are available pursuant to Health & <br />Safety Code Section 34191,4(c)(2), <br />2.4 `Enforceable Obligations" mean enforceable obligations, other than Excess Bond <br />Proceeds obligations, as defined under the Dissolution Law. <br />2.5 `Bond Spending Plan" is defined in Recital K, <br />SUCCESSOR AGENCY OBLIGATIONS <br />The Successor Agency shall have the following obligations under this Agreement: <br />3.1 Current Excess Bond Proceeds. The Successor Agency shall transfer to the City, as <br />soon as practicable and no later than January 1, 2017, Excess Bond Proceeds currently held by the <br />Successor Agency in an amount not to exceed (i) $260,695, together with any additional amounts as <br />may be authorized pursuant to Health & Safety Code Section 34191.4(c)(2) (which amount, as so <br />determined, constitutes the `Base Amount "), and any interest accrued thereon, together with (ii) such <br />amounts as are held by the trustee for the 2011A Bonds which represent any portion of the Base <br />Amount (the "Trustee Amount`). <br />3.2 Future Excess Bond Proceeds, The Successor Agency shall transfer to the City all <br />future Excess Bond Proceeds held or received by the Successor Agency. Such future Excess Bond <br />Proceeds shall include, without limitation, (1) Bond Proceeds previously obligated to a project or other <br />Enforceable Obligation that become unobligated for any reason, and interest earned thereon, (2) Bond <br />Proceeds that become available in the form of rents, sale proceeds, loan repayments, other income, or <br />other revenues that are generated by properties or other assets acquired and /or improved with Bond <br />Proceeds and that are not otherwise obligated to a project, program, or other Enforceable Obligation, <br />and (3) any other funds held by the Successor Agency that qualify as Excess Bond Proceeds under this <br />Agreement. <br />.O <br />
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