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SA 2016-002
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Last modified
10/12/2016 3:00:47 PM
Creation date
10/12/2016 2:58:55 PM
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City Clerk
Doc Type
Resolution
Doc #
SA 2016-002
Date
10/4/2016
Destruction Year
P
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BOND PROCEEDS EXPENDITURE AGREEMENT <br />BOND PROCEEDS EXPENDITURE AGREEMENT (2003A BONDS <br />This BOND PROCEEDS EXPENDITURE AGREI MENT (2003A BONDS) <br />( "Agreoment ") is entered into as of Ootobor 4, 2016, by and between the CITY OF BANTA ANA, s <br />charter city and municipal corporation duly organized and existing under the Constitution and laws of <br />the State of California ( "City'), and the SUCCESSOR AGENCY TO THE FORMER <br />COMMUNITY RLDEVELOPNIENT AGENCY OF 711E CITY OF SANTA ANA, apublic body <br />corporate rand politic pursuant to Parts 1,8 and 1.85 of Division 24 of the California Health Se Safety <br />Code ( "Successor Agoncy" ). <br />A, The City is a charter city and municipal corporation duly organized and existing under <br />the Constitution and laws of the State of California. <br />B. The Successor Agency is a public body, corporate and politic, organized and, operating <br />under Part 1.85 of.DivWon 24 of the Digsolution Law (am defined in Reoital D below). <br />C. The Community Redevelopment Agency of the City of Santa Ana ( °former Agency ") <br />previously was a California public body, corporate and politic, duly formed by the City Council of the <br />City ( "City Council") tmd was organized, existed and oxorofsed the powers of a community <br />redevelopment agency under the Callfornia Community Redevelopment Law,11catth and Safety Code <br />Section 33000, et seq ( "CRL"), <br />D, Assembly Bill xl 26 ( "AB xl 26 "), effective on .lute 28, 201L added Parts 1.8 and <br />1.85 to Division 24 orthe California Health and Safety Code and which laws were modified, in part, <br />anti dotomdned conadhitionai by the California Supreme Court In the petition Galg/bmia <br />Redevelopmant Association, at a1. v. Arta Atalnmanlac, et al„ Care No. 5194861 <br />(" tblatnsantos Decision "), which law% and court opinion caused the dissolution of all redevelopment <br />agencies and winding down of the Waits of former redevelopment agencies. Thereafter, such laws <br />were amended further by Amcrrrbly Bill 1484 ( "AB 1484 ") that was cfrective on June 27, 2012, and <br />thereafler further amended by subsequent legislation (togel7.xor AS x1 26, the Hatosamos Decision, <br />AS 1484, and subsequent legislation thereto ar-e referred to ns the "Dissolution Low"), All statutory <br />references herein are to the Dissolution lame unless otherwiso stated. <br />S, As of February 1, 2012, the Forme' Agency became; a dissolved community <br />redevelopment agotnoypatsunna to the Dissolution Law. <br />F, As of and on and after February 1, 2012, the Saecossor Agency is performing its <br />flfrmetions as the successor agency under the Dissolution Low to administer the enforceable obligations <br />of the former Agency and is engaged in activities necessary and appropriate to wind down the affairs <br />of the former Agency, all subject to the review and approval by a seven - member "Oversight Boar(r" <br />formed thereunder, <br />G. Section 34191,4•(c) of the Diw elution .Law allows a successor agency that has received <br />a Finding of Completion (`"Finding ") to use bond proceeds from bonds issuod prior to 2011 for the <br />purposes 'Pier which The bonds were sold, provides that such proceeds in excess of amounts necdod to <br />satisfy approved onfomcable obligations shall be expanded in a tnannor consistent with the original <br />bond covenants, and fiuther provides that such expenditures shall constihta "excess bond proceeds <br />Resolution 2016 -002 <br />Page 6 of 13 <br />
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