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• <br /> and <br /> WHEREAS, Health and Safety Code Section 33334.14(a)(4) permits <br /> subordination of redevelopment agency affordability restrictions provided that: (i) the <br /> agency makes a finding that alternative financing is not reasonably available on <br /> economically feasible terms without subordination, and (ii) the agency obtains written <br /> commitments to protect its investment in the event of a default; and <br /> WHEREAS, the 'proposed Subordination Agreement provides the Agency with <br /> rights to receive notice and to cure defaults arising under the Senior Mortgage. <br /> NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of <br /> the City of San Leandro hereby: . <br /> 1. Finds that without subordination of the Amended Regulatory Agreement an <br /> economically feasible altemative for financing the Project is not reasonably available <br /> and that the temis •of the proposed Subordination Agreement provide the Agency with <br /> reasonable means of protecting the Agency's prior investment in the Project in the event <br /> of default. <br /> •. Authorizes the Executive Director to execute and deliver such other instruments <br /> and to take such other actions as necessary to carry out the intent of this Resolution. <br /> Introduced by Agency Board Member and passed and adopted by <br /> the Board of Directors of the Redevelopment Agency of the City of San Leandro at a <br /> meeting duly held on the day of December, 2010, by the following vote: <br /> Members of the Agency Board of Directors: <br /> AYES: <br /> NOES: <br /> ABSTAIN: <br /> • <br /> ABSENT: <br /> ATTEST: <br /> • <br /> Agency Secretary • <br /> 1557209.1 <br /> • <br />