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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2016-122 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LEANDRO APPROVING AN AGREEMENT REGARDING EXPENDITURE OF EXCESS BOND PROCEEDS AND AUTHORIZING THE ACCEPTANCE OF T H E TRANSFER OF EXCESS BOND PROCEEDS FROM THE SUCCESSOR A G E N C Y TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN LEANDRO TO THE CITY OF SAN LEANDRO WHEREAS, pursuant to authority granted under Community Redevelopment Law (California Health and Safety Code Section 33000 et seq.) (the "CRL"), the former Redevelopment Agency of the City of San Leandro ("Redevelopment Agency") had responsibility to implement the three redevelopment plans for the San Leandro Redevelopment Project Area (collectively, the "Project Area"); and WHEREAS, pursuant to that certain Indenture of Trust dated as of July 1, 2008 and executed by and between the Redevelopment Agency and U.S. Bank, National Association, as Trustee (the "Indenture"), the Redevelopment Agency issued Tax Allocation Bonds in the original principal amount of $27,530,000 (the "Bonds"); and WHEREAS, pursuant to Resolution 2012-001, adopted by the City Council of the City of San Leandro (the "City Council") on January 9, 2012, the City Council agreed to serve as the governing board to the Successor Agency commencing upon dissolution of the Redevelopment Agency on February 1, 2012, pursuant to Assembly Bill xl 26 (as further amended by AB 1484 and SB 107, the "Dissolution Law"); and WHEREAS, pursuant to the Dissolution Law, on October 28, 2015 the Successor Agency was granted a finding of completion from the California State Department of Finance (the "DOF"); and WHEREAS, Health and Safety Code Section 34191.4(c) of the Dissolution Law provides that once a successor agency has received a finding of completion, the successor agency is authorized to use the proceeds of bonds issued on or before December 31, 2010, for the purposes for which the bonds were sold and is further authorized to expend bond proceeds in excess of amounts needed to satisfy previously approved enforceable obligations ("Excess Bond Proceeds") in a manner consistent with the original bond covenants; and WHEREAS, Health and Safety Code Section 34191.4(c) further provides that the expenditure of Excess Bond Proceeds must be listed separately on the Recognized Obligation Payment Schedule ('BOPS"); and RESOLUTION NO. 2016-122