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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 3 <br />covenants, and further provides that such expenditures shall constitute "excess bond proceeds <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(c) specifically <br />authorizes a city to enter into an agreement with its redevelopment agency or any other public entity <br />tofurtheu •redevelopmentpttrposes. 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 />I The Successor Agency has and will have proceeds of its Community Redevelopment <br />Agency of the City of Santa Ana, Tax Allocation Bonds (Merged Proj Oct Area), 2011 Series A ( "2011 A <br />Bonds ")(together with other finds described in Section 2.1 below, "Bond Proceeds ") that are not <br />otherwise obligated for a project or other enforceable obligation. The Successor Agency desires to <br />transfer from such Bond Proceeds those amounts to the extent allowed under Section 34191.4(c)(2) of <br />the Dissolution Law (as so defined, "Excess Bond Proceeds ") to the City to enable the City to expend <br />such Excess Bond Proceeds for redevelopment and other public purposes consistent with all applicable <br />covenants of the 2011A 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 />201 IA 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 successfid 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 fiord various capital improvements within and outside the former Santa Ana <br />Merged Project Area (for which a benefit resolution shall have been adopted by the Successor Agency) <br />and are in accordance with CRL Sections 33445, 33445, 1, and 33679 and other applicable law. <br />L. In order to facilitate the use of Excess Bond Proceeds consistent with all applicable <br />- — bond- (vmrtnts, the-Successo -- Agemiyanzl- the - City- have - negotiated- this-A-grcement- requiiing -the <br />transfer of current and future excess bond proceeds by the Successor Agency to the City, and the City's <br />agreement to use such proceeds consistent with all applicable covenants, conditions, restrictions and <br />obligations under the 2011A 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 />,. 1 . <br />
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