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WHEREAS, an oversight board for the Successor Agency was established pursuant to <br /> AB 26 (the "Oversight Board "); <br /> WHEREAS, the Oversight Board approved the ROPS on April 6, 2012; <br /> WHEREAS, the State Department of Finance reviewed the ROPS, but by letter dated <br /> April 11, 2012, indicated that it objected to the Original Cooperative Agreement; <br /> WHEREAS, Health and Safety Code Section 34178(a) provides that, with specified <br /> exceptions, commencing upon February 1, 2012, agreements, contracts and arrangements <br /> between a redevelopment agency and the city that formed the redevelopment agency are invalid; <br /> provided however, a successor agency that wishes to reenter into agreements with the city that <br /> formed the agency may do so upon obtaining approval of the oversight board; <br /> WHEREAS, the City has made a significant investment in the Public Improvements, <br /> including the purchase of right -of -way and completion of project design for the Eden Road <br /> Improvements, and the establishment of procedures for the formation of an assessment district to <br /> secure additional funds required for the Eden Road Improvements; <br /> WHEREAS, the City's Transit Oriented Development Strategy identified the Town Hall <br /> Square location as a key opportunity site for future development, and the City has determined <br /> that development of this site would be severely hindered without reconfiguration of Hays Street; <br /> WHEREAS, completion of the Public Improvements will be of benefit to all taxing <br /> entities that share in the property tax revenue generated by property located within the <br /> redevelopment project areas because such improvements will remove impediments to <br /> development, eliminate adverse conditions in the project areas, improve vehicular circulation, <br /> provide safer routes for pedestrians, and catalyze private development, thus resulting in an <br /> increase in assessed valuation and property tax revenue; <br /> WHEREAS, the City and the Successor Agency desire to enter into an Amended and <br /> Restated Cooperative Agreement (the "Agreement ") to set forth the construction activities and <br /> services that the City will undertake or make available in furtherance of the completion of the <br /> Public Improvements, and to provide that the Successor Agency will pay for or reimburse the <br /> City for actions undertaken and costs and expenses incurred in connection with such work; <br /> WHEREAS, the Parties intend the Agreement to amend and restate the Original <br /> Cooperative Agreement; <br /> WHEREAS, the execution of the Agreement was approved by the City Council by <br /> resolution adopted on May 7, 2012; and <br /> WHEREAS, the Agreement will be presented to the Oversight Board for consideration. <br /> RESOLUTION NO. 2012 -003 SA 2 <br />