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IN THE CITY OF SAN LEANDRO SUCCESSOR AGENCY <br />RESOLUTION NO. 2016-004 SA <br />RESOLUTION OF THE GOVERNING BOARD OF THE SUCCESSOR AGENCY <br />TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN LEANDRO <br />APPROVING AN AGREEMENT REGARDING EXPENDITURE OF EXCESS <br />BOND PROCEEDS AND AUTHORIZING THE TRANSFER OF EXCESS BOND <br />PROCEEDS TO THE CITY OF SAN LEANDRO <br />WHEREAS, pursuant to authority granted under Community Redevelopment Law <br />(California Health and Safety Code Section 33000 et seq.) (the "CRL"), the former <br />Redevelopment Agency of the City of San Leandro ("Redevelopment Agency") had <br />responsibility to implement the three redevelopment plans for the San Leandro Redevelopment <br />Project (collectively, the "Project Area"); and <br />WHEREAS, pursuant to that certain Indenture of Trust dated as of July 1, 2008 and <br />executed by and between the Redevelopment Agency and U.S. Bank, National Association, as <br />Trustee (the "Indenture"), the Redevelopment Agency issued Tax Allocation Bonds in the <br />original principal amount of $27,530,000 (the "Bonds"); and <br />WHEREAS, pursuant to Resolution 2012-001, adopted by the City Council of the <br />City of San Leandro (the "City Council') on January 9, 2012, the City Council agreed to <br />serve as the governing board to the Successor Agency commencing upon dissolution of the <br />Redevelopment Agency on February 1, 2012, pursuant to Assembly Bill x1 26 (as further <br />amended by AB 1484 and SB 107, the "Dissolution Law"); and <br />WHEREAS, pursuant to the Dissolution Law, on October 28, 2015 the Successor <br />Agency was granted a finding of completion from the California State Department of Finance <br />(the "DOF"); and <br />WHEREAS, Health and Safety Code Section 34191.4(c) of the Dissolution Law <br />provides that once a successor agency receives a finding of completion, the successor <br />agency is authorized to use the proceeds of bonds issued on or before December 31, <br />2010, for the purposes for which the bonds were sold and is further authorized to expend <br />bond proceeds in excess of amounts needed to satisfy previously approved enforceable <br />obligations ("Excess Bond Proceeds") in a manner consistent with the original bond <br />covenants; and <br />WHEREAS, Health and Safety Code Section 34191.4(c) further provides that the <br />expenditure of Excess Bond Proceeds must be listed separately on the Recognized Obligation <br />Payment Schedule ('BOPS"); and <br />WHEREAS, the Successor Agency currently holds approximately $2,300,000 in <br />available Excess Bond Proceeds that can be used to pay all or a portion of the costs of projects <br />located in the Project Area, as set forth in the redevelopment financing plan; and <br />