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HomeMy WebLinkAboutRES RDA 2012 252 2012 0118RESOLUTION NO. 2012 -252 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, RESCINDING RESOLUTION NO. 2011 -248 ADOPTING A LOAN AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK FOR FY 2011/12 WHEREAS, Resolution No. 2011 -248 authorized the Redevelopment Agency of City of Moorpark to enter into a loan agreement for $5 million with the City of Moorpark; and WHEREAS, ABx1 26 as signed by the Governor of the State of California and upheld by the California Supreme Court, abolishes the Redevelopment Agency of the City of Moorpark; and WHEREAS, the City of Moorpark and the Redevelopment Agency of the City of Moorpark never implemented this loan and both desire to rescind this loan agreement. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Resolution No. 2011 -248 adopting a Loan Agreement between the City of Moorpark and the Redevelopment Agency of the City of Moorpark dated July 1, 2011, and attached as Exhibit "A" to this resolution, is hereby rescinded. SECTION 2. The Agency Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this 18th day of January, 2012. (!a ce S. Parvin, Chair ATTEST: OpMENTgG` F �O Maureen Benson, Agency Secretary * ESTABLISHEE Attachment: Exhibit "A" MARCH 18, 1987 IFOR�\P 01 oO Resolution No. 2012 -252 Page 2 LOAN AGREEMENT THIS LOAN AGREEMENT is entered into this 1st day of July, 2011, by and between the City of Moorpark ( "City ") and the Redevelopment Agency of the City of Moorpark ( "Agency "). RECITALS WHEREAS, the Agency was created by Ordinance 87, adopted by the City Council on March 18, 1987, for the purpose of eliminating blighted conditions within specified project areas; and WHEREAS, in support of its mission, the Agency is developing and implementing plans to acquire and construct certain public facilities; and WHEREAS, the Agency has determined that, in order to undertake this redevelopment project, temporary financial assistance in the form of a loan is required from the City of Moorpark; and WHEREAS, Section 33600 et. seq. of the California Community Redevelopment Law authorizes the Agency to borrow money or accept financial or other assistance from the City. COVENANTS NOW, THEREFORE, THE CITY AND AGENCY AGREE AS FOLLOWS: SECTION 1. Amount and Use of Loan. The City, from its Special Projects Fund, will advance to the Agency the amount of $5,000,000 (five million dollars). Agency agrees to use such loan proceeds only for those purposes set forth in the Health and Safety Code and approved by the Agency. SECTION 2. Repayment of Funds. The Agency will repay this loan, both principal and interest, in full on or before June 30, 2012, unless extended by amendment to this Agreement. SECTION 3. Interest Payment. This loan will bear interest at a rate equivalent to the rate earned by City investments in the Local Agency Investment Fund or the Ventura County Poll, whichever is greater, plus one percent. SECTION 4. Obligation Constitutes Indebtedness. This loan agreement shall constitute an obligation and debt of the Agency to use all available increment revenue to repay the City. Such indebtedness shall be subordinate to any and all other Agency Resolution No. 2012 -252 Page 3 indebtedness incurred by the Agency, including indebtedness incurred through the issuance of tax allocation notes or bonds or any other bonds of the Agency. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Ja ' e S. Parvin, Chair ATTEST: Maureen Benson, Agency Secretary CITY OF MOORPARK Steven Kueny, City Manager Maureen Benson, City Clerk Resolution No. 2012 -252 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, Agency Secretary of the Redevelopment Agency of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2012 -252 was adopted by the Redevelopment Agency of the City of Moorpark at a regular meeting held on the 18th day of January, 2012, and that the same was adopted by the following vote: AYES: Agency Members Mikos, Pollock, Van Dam, and Chair Parvin NOES: None ABSENT: Agency Member Millhouse ABSTAIN: None 2012. WITNESS my hand and the official seal of said City this 1st day of February, Maureen Benson, Agency Secretary (seal)