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AMENDED AND RESTATED PROMISSORY NOTE <br /> $2,040,767.68 San Leandro, California <br /> M°'7 k°, 2012 <br /> FOR VALUE RECEIVED, the City of San Leandro, acting in its capacity as the <br /> Successor Agency to the Redevelopment Agency of the City of San Leandro <br /> ( "Successor Agency ") promises to pay to the City of San Leandro, a municipal <br /> corporation ( "City "), in lawful money of the United States of America, the principal sum <br /> of Two Million, Forty Thousand, Seven Hundred Sixty -Seven and 68/100 Dollars <br /> ($2,040,767.68), together with interest on the outstanding principal balance in accordance <br /> with the terms and conditions described herein. <br /> This Amended and Restated Promissory Note (this "Note ") amends and restates <br /> in its entirety that certain Promissory Note dated as of April 8, 2004, executed by the <br /> Redevelopment Agency of the City of San Leandro for the benefit of the City of San <br /> Leandro in the original principal amount of $4,372,774 (the "Original Note "). <br /> Execution of this Note has been approved by resolutions duly adopted by the <br /> City Council of the City of San Leandro, the governing board of the Successor Agency, <br /> and pursuant to Health and Safety Code Section 34178(a), by the Oversight Board <br /> appointed to review the actions of the Successor Agency pursuant to Assembly Bill x1 <br /> 26. <br /> 1. INTEREST RATE: REPAYMENT. Interest shall accrue on the outstanding <br /> principal balance of this Note at the rate of three percent (3 %) interest per annum, <br /> commencing upon the origination date of this Note. Interest shall be calculated on the <br /> basis of a year of 365 days, and charged for the actual number of days elapsed. <br /> 2. PAYMENT DATES; MATURITY DATE. Commencing upon January 31, 2013, <br /> (the "First Payment Date "), and on the last day of January during each year thereafter, <br /> Successor Agency shall make annual payments of combined principal and interest until <br /> the entire indebtedness evidenced hereby is fully paid, except that all remaining <br /> indebtedness, if not sooner paid, shall be due and payable upon the Maturity Date <br /> (defined below). The amount of the annual payments to be paid beginning on the First <br /> Payment Date will be an amount equal to the payment necessary to fully amortize the <br /> principal amount of this Note, together with interest at the interest rate specified in <br /> Section 1 above over a five -year period. The entire outstanding principal balance of this <br /> Note, together with accrued interest and all other sums accrued hereunder shall be <br /> payable in full on January 31, 2017 (the "Maturity Date "). Payments shall be credited <br /> first to accrued interest, and then to principal. In no event shall any amount due under <br /> this Note become subject to any rights, offset, deduction or counterclaim on the part of <br /> Successor Agency. <br /> 1 <br />