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WHEREAS, in order to evidence its obligation to repay the City such amounts advanced to <br />the Agency for the City of San Leandro/County of Alameda Joint Project Area, the City desires to <br />execute and deliver to the Agency a promissory note (the "Promissory Note") in the amount of not <br />to exceed $4,372,774; <br />NOW, THEREFORE, it is hereby ORDERED AND DETERMINED, as follows: <br />Section 1. Confirmation of Promissor~ote for the Plaza Project Area. The Agency <br />hereby confirms the execution and delivery of the Promissory Note dated December 5, 2002 in <br />substantially the form thereof on file with the Secretary. The confirmation of the Promissory Note <br />shall be deemed conclusive evidence of the Agency's approval of such obligation, provided that no <br />change shall increase the amount of the Promissory Note to an amount greater than $2,887,617 or <br />provide for an interest rate on the Promissory Note in excess of 6.00%. The Agency confirms that <br />Chair, the Executive Director and the Treasurer of the Agency (each, a "Designated Officer"), each <br />acting alone, were authorized and directed to execute, and the Secretary of the Agency was <br />authorized to attest, the Promissory Note for and in the name and on behalf of the Agency. The <br />Agency hereby confirms the delivery and performance of the said Promissory Note on behalf of the <br />Plaza Redevelopment Project Area. Further, the Agency confirms that principal and interest <br />payment have been made as required and in the manner specified in the Promissory Note and that <br />the balance as of July 1, 2004 is $2,596,400; and <br />Section 2: Approval of Promissory Note for the City of San Leandro/County of Alameda <br />Joint Project Area: The Agency hereby authorizes the execution and delivery of the Promissory <br />Note in substantially the form thereof to file with the Secretary, together with any additions thereto <br />or changes therein deemed necessary or advisable by the Executive Director or Treasurer of the <br />Agency, upon advice of the Agency's counsel. The execution of the Promissory Note shall be <br />deemed conclusive evidence of the Agency's approval of such additions or changes, provided that <br />RESOLUTION N0.2004-011 RDA 2 <br />