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2016-079 - Excess Tax Allocation Bond Proceeds
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2016-079 - Excess Tax Allocation Bond Proceeds
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Last modified
10/12/2016 2:55:30 PM
Creation date
10/12/2016 2:52:39 PM
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City Clerk
Doc Type
Resolution
Doc #
2016-079
Date
10/4/2016
Destruction Year
P
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Proceeds to the City shall be madep€xsLunit to an approved ROPS within 30 days of the commencement <br />of the relovant BOPS period. The Successor Agency shall be responsible firr onsuring that pnytnonts <br />of future Excess Mond Proceeds to the City, as such funds beco ne available, are included on the next <br />possible BOPS. <br />3.3 Projects Funded By .Excess Bond Proceeds, The Successor Agency assigns to the <br />City all responsibilities in tolation to the adhnirdanation and implementation of any projeuts or <br />programs fituded by Excess Bond Proceeds, 'rho Successor Agency assigns to the City all contracts <br />entered into by the Successor Agency post - dissolution or the former Agency ,pre- dissolution related to <br />the expenditure of Iixcess Baral 'Proceeds and any activities to be funded by Excess Bond Proceeds, <br />w all the exception of those contracts relating to En,i.'arceable Obligations, including the bond <br />documents for the 2003.A Bonder, which shall be retained by the Successor Agency. 'l'hc trau tfar of <br />moneys hold by the trustee for the 2003A. Bonds shall retusio subject to the tenses of (lie indenture or <br />tears€ provarcd in connection with the issuance of the 2003A Bonds (the "2003A Indenture ") to the <br />extent the 2003A Indenture remains in effect. <br />4, CITY OBLIGATIONS <br />The City shall have the following obligations under this Agreement: <br />4.1 Excess Bond Proceeds, 'rho City shall accept, hold, disburse and adcalinister <br />Excoas Bond Proceeds transferred to the City by the Successor :Agency under this Agrcement, <br />including current Exwss Bond Proceeds and future E'xcoss Bond Proceeds, The City shall retain any <br />Excess Bond Proceeds that it receives, such as revenue generated frown properties acquired or improved <br />With Exti.e.5s Bond Proceeds or payments on loans funded frUm Excess Bond Procce(b, without ally <br />obligation to return such fituds to the Successor Agency„ and shall use such Rends for uses consistent <br />with applicable coveruuris of the 2003ABoauls. <br />The City may spwrd Excess Bond Proceeds received or retained uuuler this Agreement on any <br />prcjoot program, or activity authorized under the Bond Spending Plan, Notwithstanding anything; to <br />the contrary ill this Agreement or Cie Bond Spending Plan, the City shall spend Excess Bond Proceeds <br />consistent: wide till oovenants of the 2003A Bonds applicable to the particular Excess Bond Proceeds, <br />The City shall be solely responsible for ensuring that Excess Bond Proceeds ate maintained and spent <br />in accordance with all covenants of the 2003A Bonds and other applicable laws. The City may transfer <br />liaudu' between approval proj cots, programs and activities. The Trustee Amount remains subject to the <br />€erins of the 2003A Indenture, to the extent the 2003A Indenture remains in effeo1. <br />The City hereby assumes all contracts entered into or assumed by the Successor Agency <br />dissolution or entered into by the former Agency pre - dissolution related to the expenditure of <br />of those contracts relating to Enforceable Obligations, which shall be retained by the Successor <br />Agency. The City shall perfortn its obligations bereunder, and under such assutned contracts, in <br />accordance with the applicable provisions of federal, state and local laws, including the obligation to <br />comply with environmental laws such as CEQA and(or NIEPA, and shall timely complete the work <br />required for each project connuencat by the City pursuant to this Agreement and the Bond Spending <br />Plan, <br />41 BONI) SPLN.I)ING PLAN, Tire City shall be solely responsiblo fbr maintaining, <br />administering, and implementing the Bond Spending, Plan, The City ma,y amend the 1301id Spending <br />Resolution No. 2016 -079 <br />Page 9 of 13 <br />
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