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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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Proceeds to the City shall be made pursuant to an approved ROPS within 30 days of the commencement <br />of the relevant RODS period. The Successor Agency shall be responsible for ensuring that payments <br />of future Excess Bond Proceeds to the City, as such funds become available, are included on the next <br />possible ROPS. <br />3.3 Projects Funded By Excess Bond Proceeds. The Successor Agency assigns to the <br />City all responsibilities in relation to the administration and implementation of any projects or <br />programs funded by Excess Bond Proceeds. The 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 Excess Bond Proceeds and any activities to be funded by Excess Bond Proceeds, <br />with the exception of those contracts relating to Enforceable Obligations, including the bond <br />documents for the 2003A Bonds, which shall be retained by the Successor Agency. The transfer of <br />moneys held by the trustee for the 2003A Bonds shall remain subject to the terms of the indenture of <br />trust prepared 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. The City shall accept, hold, disburse and administer <br />Excess Bond Proceeds transferred to the City by the Successor Agency under this Agreement, <br />including current Excess Bond Proceeds and future Excess Bond Proceeds. The City shall retain any <br />Excess Bond Proceeds that it receives, such as revenue generated from properties acquired or improved <br />with Excess Bond Proceeds or payments on loans funded from Excess Bond Proceeds, without any <br />obligation to return such funds to the Successor Agency, and shall use such funds for uses consistent <br />with applicable covenants of the 2003A Bonds. <br />The City may spend Excess Bond Proceeds received or retained under this Agreement on any <br />project, program, or activity authorized under the Bond Spending Plan. Notwithstanding anything to <br />the contrary in this Agreement or the Bond Spending Plan, the City shall spend Excess Bond Proceeds <br />consistent with all covenants of the 2003A Bonds applicable to the particular Excess Bond Proceeds. <br />The City shall be solely responsible for ensuring that Excess Bond Proceeds are maintained and spent <br />in accordance with all covenants of the 2003A Bonds and other applicable laws. The City may transfer <br />funds between approved projects, programs and activities. The Trustee Amount remains subject to the <br />terms of the 2003A Indenture, to the extent the 2003A Indenture remains in effect. <br />The City hereby assumes all contracts entered into or assumed by the Successor Agency <br />post dissolution or entered into by the former Agency pre -dissolution related to the expenditure of <br />Excess Bond Proceeds and any activities to be funded by Excess Bond Proceeds, with the exception <br />of those contracts relating to Enforceable Obligations, which shall be retained by the Successor <br />Agency. The City shall perform its obligations hereunder, and under such assumed 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 NEPA, and shall timely complete the work <br />required for each project commenced by the City pursuant to this Agreement and the Bond Spending <br />Plan. <br />4.2 BOND SPENDING PLAN. The City shall be solely responsible for maintaining, <br />administering, and implementing the Bond Spending Plan. The City may amend the Bond Spending <br />
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