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SA 2016-003
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Last modified
10/12/2016 3:01:29 PM
Creation date
10/12/2016 2:59:21 PM
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City Clerk
Doc Type
Resolution
Doc #
SA 2016-003
Date
10/4/2016
Destruction Year
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BOND PROCFEMS I LYi+,M)[TURE AGREEMENT (2011A Bonds <br />This BOND PROCEEDS EXPENDITURE] AGRE EMENT (2011A Bonds) C'Agreemont'� <br />is entered into as of October 4, 2016, by and between the CITY OF SANTA ANA, a charter city and <br />municipal corporation daly organized and existing under the Constitution anti lawns of the State of <br />California ( "City "), and the SUCCESSOR AGENCY TO THE, FORMER C'OMMUNI'TY <br />REDEVELOPM',ENT AGENCY OF THE CITY OF SANTA ANA, a public body corporate and <br />politic pursuant to Parts 1.8 and L85 ofDivision 24 ofthe CaliforniaHealtr & Safety Code (°'Successor <br />Agency "). <br />RECITALS <br />A. The City is a charter city mul municipal corporation duly organizers sent existing under <br />the Constitution and laws of the State of Catifuroia, <br />B, The Successor Agency is a public body, corporate and politic, organized and operating <br />under Part 1.85 of Division 24 of the Dissolution haw (as d ensued in Recital D below). <br />C. The Community Rodovelopuncnt Agency of the City of Santa Ana ( "farmer Agency") <br />previously was a Califbinda. public body, corporate and politic, duly formed by the City Council of the <br />City ( "City Council ") and was organized, existed and exercised the powers of a community <br />redevelopment agency under the California Community lYedevolopmerrt Law, Health and Safety Code <br />Section 33000, et {seg. ("CRT, $ ). <br />1). Assonibiy Bill xl 26 ( "AI3 xl 26 "), effective on June 28, 2011, ridded Parts 1,8 rand <br />1,85 to Division 24 of the California Health and Safety Cade and winch laws wero modified, in part, <br />and determitned constitutional by the California Supreme Court in the petition Cagvrnia <br />Reelevelopament Awociradon, et al. v. Ana dfatosanios, el tai„ Case No. 5194861 <br />("Mcatustanrns Decision "), which laws and court opinion. Caused the dissolution of all redevel®pment <br />agencies and winding down of the affairs of former redevelopment agencies. Thoreater, such laws <br />were amended farther by Assembly Bill 1484 ( "AB 14114 ) that was effective on hu7.e 27, 2012, and <br />thereafter ilnther attended by subscquaont legislation (together AB xl 26, the Matosantos Decision, <br />AB 1484, and subsequent legislation thereto are refotred to as the "Dissolution Law "), All statutory <br />references herein are to the Dissolution Law unless odrerwise stated. <br />E. As of February 1, 201.2, the former Agency became a dissolved community <br />redevelopment ageneypursuant to the Dissolution Law. <br />F. As of and on and aft," Februuty 1, 2012, the Successor Agency is performing its <br />functions as the successor agency under the Dissolution Law to administer the cnlbrceabla obligations <br />of the former Agency and is engaged sn activities neccssrtry and appropriate to wind clown tho affairs <br />of the former Agency, all subject to the review and approval by a sov©n- member "Oversight Board" <br />formed thereunder. <br />Ll. Section 34191 A(c) of the Dissolution Law allows a successor agency that has received <br />a :Minding of Completion ( "Finding ") to use bond proceeds fruit bonds issued prior to 2011, ns well as <br />a limited portion of bond proceeds foot bonds issued after December :31, 2010, for the purposes for <br />which the bonds were sold, provides that such proceeds in excess of aruouazts :needed to satisfy <br />approved enforceable obligations shall be expended in a manner consistent with the original bond <br />Resolution 2016 -003 <br />Page 7 of 14 <br />
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