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10B Action 2009 1221
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10B Action 2009 1221
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12/17/2009 10:13:45 AM
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12/17/2009 10:13:36 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/21/2009
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_CC Agenda 2009 1221
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 1221
RDA Reso 2009-024
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
Reso 2009-170
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
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community to improve or increase the supply of low and moderate income housing, or <br />(2) that some stated percentage less than 20% of the tax increment is sufficient to meet <br />the housing need. The 2010 Bonds are payable from certain Housing Set-Aside <br />moneys, as described herein. <br />When all bonds, loans, advances, and indebtedness, if any, and interest thereon, have <br />been paid, all moneys thereafter received from taxes upon the taxable property in the Project <br />Area shall be paid into the funds of the respective taxing agencies as taxes on all other property <br />are paid. See "Housing Tax Revenues," below. <br />Housing Tax Revenues <br />Low and Moderate Income Housing. Chapter 1337, Statutes of 1976, added Sections <br />33334.2 and 33334.3 to the Redevelopment Law requiring redevelopment agencies to set aside <br />20 percent of all tax increment revenues allocated and paid to redevelopment agencies from <br />redevelopment project areas adopted after September 31, 1976 in a Low and Moderate Income <br />Housing fund to be expended for authorized low and moderate income housing purposes. <br />The Project Areas are subject to the 20% set-aside requirement for low and moderate <br />income housing. Housing Tax Revenues, as specifically defined in the Indenture and below, <br />consists of these set-aside amounts. <br />General. The 2010 Bonds and any Parity Debt (as defined below) will be equally <br />secured by a pledge of, security interest in and lien on all of the Housing Tax Revenues and the <br />moneys in the Special Fund and the Reserve Account shall also be secured by a first and <br />exclusive pledge of, security interest in and lien upon all of the moneys in the Debt Service <br />Fund, the Interest Account, the Principal Account, the Sinking Account and the Redemption <br />Account without preference or priority for series, issue, number, dated date, sale date, date of <br />execution or date of delivery. Except for the Housing Tax Revenues and such moneys, no <br />funds or properties of the Agency shall be pledged to, or otherwise liable for, the payment of <br />principal of or interest or redemption premium (if any) on the 2010 Bonds. See "APPENDIX C - <br />Summary of Certain Provisions of the Indenture". <br />The proceeds of the 2010 Bonds deposited by the Agency in the Agency's Low and <br />Moderate Income Housing Fund shall be maintained separate and apart from other moneys of <br />the Agency, and shall be used in the manner provided by the Redevelopment Law solely for the <br />purpose of aiding in financing and refinancing low- and moderate- income housing located in or <br />of benefit to the Project Areas, including, without limitation, the payment of any unpaid Costs of <br />Issuance. The Agency covenants in the Indenture that no funds on deposit in the Low and <br />Moderate Income Housing Fund, including the proceeds of the 2010 Bonds, shall be applied for <br />any purpose not authorized by the Law. <br />"Housing Tax Revenues" is defined in the Indenture to mean collectively, the Alameda <br />County -City of San Leandro Project Area Housing Tax Revenues and the West San Leandro <br />Project Area Housing Tax Revenues (both as defined follows). <br />"Alameda County -City of San Leandro Project Area Housing Tax Revenues" <br />means that portion of Alameda County -City of San Leandro Project Area Tax Revenues <br />required by Section 33334.2, 33334.3 and 33334.6 of the Redevelopment Law to be deposited <br />in the Agency's Low and Moderate Income Housing Fund, provided that, for so long as any <br />Bonds or Parity Debt are outstanding, in no event shall the Agency deposit less than 20% of <br />Alameda County -City of San Leandro Project Area Tax Revenues in the Low and Moderate <br />Income Housing Fund. "Alameda County -City of San Leandro Project Area Tax <br />-10- <br />
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