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SUCCESSOR AGENCY - 2016
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SUCCESSOR AGENCY - 2016
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Last modified
6/9/2017 1:54:41 PM
Creation date
11/8/2016 4:55:45 PM
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Contracts
Company Name
SUCCESSOR AGENCY
Contract #
A-2016-291
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
10/4/2016
Expiration Date
12/31/2018
Destruction Year
0
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RECITALS <br />The recitals above are an integral part of this Agreement and set forth the intentions of the <br />parties and the premises on which the parties have decided to enter into this Agreement. <br />2. DEFINITIONS <br />For purposes of this Agreement, the following terms shall have the indicated meaning: <br />2.1 "Dissolution Law" is defined in Recital D. <br />2.2 "Bond Proceeds" is defined in Recital J and also includes (1) proceeds from tax <br />allocation bonds issued on or before December 31, 2010 and interest earned thereon, (2) rents, sale <br />proceeds and other revenues generated by properties acquired and/or improved with proceeds from tax <br />allocation bonds issued on or before December 31, 2010, (3) interest and principal paid on loans funded <br />by proceeds from tax allocation bonds issued on or before December 31, 2010, (4) moneys held by the <br />trustee in connection with the issuance of the 2003A Bonds, and (5) other income or revenues generated <br />from assets acquired or funded with proceeds from tax allocation bonds issued on or before <br />December 31, 2010. <br />2.3 "Excess Bond Proceeds" means Bond Proceeds that are not needed to satisfy <br />Enforceable Obligations listed on an approved ROPS. <br />2.4 "Enforceable Obligations" mean enforceable obligations, other than Excess Bond <br />Proceeds obligations, as defined under the Dissolution Law. <br />2.5 "Bond Spending Plan" is defined in Recital K <br />3. SUCCESSOR AGENCY OBLIGATIONS <br />The Successor Agency shall have the following obligations under this Agreement: <br />3.1 Current Excess Bond Proceeds. The Successor Agency shall transfer to the City, as <br />soon as practicable and no later than January 1, 2017, Excess Bond Proceeds currently held by the <br />Successor Agency in an amount not to exceed (i) $2,515,560.32 (the `Base Amount'), together with <br />any interest accrued thereon and (ii) such amounts as are held by the trustee for the 2003A Bonds)(the <br />"Trustee Amount'). <br />3.2 Future Excess Bond Proceeds. The Successor Agency shall transfer to the City all <br />future Excess Bond Proceeds held or received by the Successor Agency. Such future Excess Bond <br />Proceeds shall include, without limitation, (1) Bond Proceeds previously obligated to a project or other <br />Enforceable Obligation that become unobligated for any reason, and interest earned thereon, (2) Bond <br />Proceeds that become available in the form of rents, sale proceeds, loan repayments, other income, or <br />other revenues that are generated by properties or other assets acquired and/or improved with Bond <br />Proceeds and that are not otherwise obligated to a project, program, or other Enforceable Obligation, <br />and (3) any other funds held by the Successor Agency that qualify as Excess Bond Proceeds under this <br />Agreement. <br />The parties intend that payments of future Excess Bond Proceeds be made to the City as soon <br />as possible after such Excess Bond Proceeds become available. The transfer of future Excess Bond <br />
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