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8/9/11 LES F. The dissolution of the Agency would be detrimental to the health, safety, and economic well -being of the residents of the City and cause irreparable harm to the community, because, among other reasons, the redevelopment activities and projects made possible, implemented, and funded by the Agency are highly significant and of enduring benefit to the community and the City, and are a critical component of its future. G. Part 1.9 of the CRL ( "Part 1.9 ") provides that a redevelopment agency may continue in operation if a city or county that includes a redevelopment agency adopts an ordinance agreeing to comply with and participate in the Alternative Voluntary Redevelopment Program established in Part 1.9 ( "Program "). H. As a condition of the Agency's continued existence and operation of its redevelopment agency, the City is required to make certain annual remittances to the county auditor - controller pursuant to Chapter 3 of Part 1.9, beginning with a larger upfront remittance for the 2011 -2012 fiscal year ( "First Remittance "), to be paid in two equal installments on January 15, 2012 and May 15, 2012. I. The City and Agency expect that there will be sufficient moneys and revenues to fund an amount equal to the City's payment of the First Remittance and further expect to have sufficient moneys and revenues to fund the subsequent annual remittances required by Part 1.9. J. The City's needs are such that it can commit to spend the funds received from the Agency pursuant to the Agreement to Transfer Tax Increment (defined below) to finance activities within the Redevelopment Project that are related to accomplishing the goals of the Redevelopment Project. K. The City intends to adopt the ordinance required by Part 1.9, in order to allow the Agency to continue in operation and performing its functions ( "Ordinance "). L. The City intends to adopt the Ordinance and desires to forestall the dissolution of the Agency until November 1, 2011 to allow the City sufficient time to enact the Ordinance. M. The City and Agency desire to enter into an agreement pursuant to CRL Section 34194.2 whereby the Agency shall make an initial transfer of a portion of its tax increment to the City in an amount equal the First Remittance, and thereafter to transfer amounts of tax increment equal to any subsequent remittance which the City is required to make to the county auditor - controller pursuant to the City's participation in the Program ( "Agreement to Transfer Tax Increment "). 2 EXHIBIT 1 8OA -5