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AGREEMENT REGARDING EXPENDITURE OF <br />EXCESS BOND PROCEEDS <br />This Agreement Regarding Expenditure of Excess Bond Proceeds (this "Agreement') is <br />entered into effective as of January 17, 2017 ("Effective Date") by and between the Successor <br />Agency to the Redevelopment Agency of the City of San Leandro (the "Successor Agency") <br />and the City of San Leandro, a California charter city (the "City"). The Successor Agency and the <br />City are hereinafter collectively referred to as the `Parties." <br />RECITALS <br />A. Pursuant to authority granted under Community Redevelopment Law (California <br />Health and Safety Code Section 33000 et seq.) (the "CRL"), the former Redevelopment Agency of <br />the City of San Leandro ("Redevelopment Agency") had responsibility to implement the three <br />redevelopment plans for the San Leandro Redevelopment Project (collectively, the "Project Area"). <br />B. Pursuant to that certain Indenture of Trust dated as of July 1, 2008 and executed by <br />and between the Redevelopment Agency and U.S. Bank, National Association, as Trustee (the <br />`Indenture"), the Redevelopment Agency issued Tax Allocation Bonds in the original principal <br />amount of $27,530,000 (the `Bonds"). <br />C. Pursuant to Resolution 2012-001, adopted by the City Council of the City of San <br />Leandro (the "City Council") on January 9, 2012, the City Council agreed to serve as the governing <br />board to the Successor Agency commencing upon dissolution of the Redevelopment Agency on <br />February 1, 2012, pursuant to Assembly Bill xl 26 (as further amended by AB 1484 and SB 107, <br />the "Dissolution Law"). <br />D. Pursuant to the Dissolution Law, on October 28, 2015 the Successor Agency was <br />granted a finding of completion from the California State Department of Finance (the "DOF" ). <br />E. Health and Safety Code Section 34191.4(c) of the Dissolution Law provides that once <br />a successor agency has received a finding of completion, the successor agency is authorized to use <br />the proceeds of bonds issued on or before December 31, 2010 for the purposes for which the bonds <br />were sold, and is further authorized to expend bond proceeds in excess of amounts needed to <br />satisfy previously approved enforceable obligations ("Excess Bond Proceeds") in a manner <br />consistent with the original bond covenants; <br />F. Health and Safety Code Section 34191.4(c) further provides that the expenditure of <br />Excess Bond Proceeds must be listed separately on the Recognized Obligation Payment <br />Schedule ("ROPS") (as defined in the Dissolution Law). <br />G. The Parties desire to enter into this Agreement to address the use of Excess Bond <br />Proceeds for the purposes identified herein and consistent with the Bond covenants, and to <br />provide for the transfer of Excess Bond Proceeds to the City to be used for such purposes. <br />H. The Successor Agency currently holds approximately $2,300,000 in available <br />Excess Bond Proceeds that can be used to pay all or a portion of the costs of projects located in <br />the Project Area, as set forth in the redevelopment financing plan. <br />