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HomeMy WebLinkAboutResolution No. 07-R48RESOLUTION NO. 07-R48 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AUTHORIZING A LOAN FROM THE 20% LOW -TO -MODERATE INCOME HOUSING SET ASIDE FUND TO THE MERGED PROJECT CAPITAL PROJECTS FUND FOR PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") is authorized to undertake certain actions which are necessary and incidental to the carrying out of the Redevelopment Plan which has previously been adopted by the City of Azusa, for purposes of the Merged Redevelopment Project Area; and WHEREAS, the implementation of the Block 36 Mixed -Use Project is necessary and incidental to carrying out the Redevelopment Plan and will increase, improve, and preserve the community's supply of available affordable market rate housing; and WHEREAS, the Agency has incurred and will continue to incur obligations for such purpose; and WHEREAS, the Agency Board is authorized, pursuant to Section 33600, et. seq., of the Health and Safety Code of the State of California to make loans for the purposes of defraying said expenses; and NOW, THEREFORE, BE IT RESOLVED by the Agency Members of the Redevelopment Agency of the City of Azusa that: Section 1. Pursuant to the provisions of said Section 33600, et. seq., of the California State Health and Safety Code, the Agency Members hereby authorize the Redevelopment Agency of the City of Azusa Merged Project Capital Project Fund to request a Loan from the Redevelopment Agency of the City of Azusa 20% Low -to -Moderate Income Housing Set Aside Fund for purposes of the Merged Redevelopment Project. Section 2. The Agency pledges to accept and administer any funds loaned to it pursuant to this request in accordance with the provisions of Section 33600, et. seq., of the Health and Safety Code. Section 3. The Agency requests that authorization for repayment of the loan shall be evidenced by a Note (in the form attached as Exhibit A) of the Agency containing the following terms, in addition to all usual and customary terms: LOAN INT. BORROW PLEDGED REVEN AMOUNT PROJECT RATE TERM FROM SOURCES $1,350,000 Block 36 5% Simple Interest June 30, 20% Set Tax Increment, Mixed Use 2011 Aside Fund Property Sales Proceeds, Other The loan listed herein is payable according to the terms of the Note. Payments will be made in full on or before June 30, 2011. The Note is payable from accumulated tax increment funds in excess of those pledged for payment of Agency bonded indebtedness, property sales proceeds, and/or from any other funds available to the Agency from which such payment may legally be made. The Note may be prepaid at any time without penalty. Section 4. The Chairperson of the Agency or his/her designee is hereby authorized and directed to execute, on behalf of the Agency, the Note to the 20% Low -to -Moderate Income Housing Set Aside Fund in accordance with the provisions of Section 3 hereof. 0 0 Section 5. The Agency Secretary shall certify the adoption of this Resolution. PASSED AND ADOPTED this 17`s day of December, 2007. e doseph R. Rocha, Chairperson I HEREBY CERTIFY that the foregoing resolution No. 07-R48, was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting held on the 17`s day of December, 2007. AYES: AGENCY MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCRA NOES: AGENCY MEMBERS: NONE ABSTAIN: AGENCY MEMBERS: NONE ABSENT: AGENCY MEMBERS: NONE Vera Mendoza, SEcfetary "EXHIBIT A" PROMISSORY NOTE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA CENTRAL BUSINESS DISTRICT AND WEST END MERGED PROJECT CAPITAL PROJECT FUND AZUSA, CALIFORNIA DECEMBER 17, 2007 For value received, the REDEVELOPMENT AGENCY OF THE CITY OF AZUSA CENTRAL BUSINESS DISTRICT AND WEST END MERGED PROJECT CAPITAL PROJECT FUND, ("Capital Project Fund"), promises to pay the REDEVELOPMENT AGENCY OF THE CITY OF AZUSA 20% LOW -TO -MODERATE INCOME HOUSING SET ASIDE FUND, ("20% Set Aside Fund"), the sum of ONE MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS AND NO/100 ($1,350,000) ("Loaned Funds"), with interest thereon from the date of disbursement to the Capital Project Fund, at the simple interest rate of FIVE PERCENT (5%) per annum. Principal and interest is payable in full by JUNE 30, 2011, as provided herein. This Note is a subordinate lien and is payable from tax increment revenues in excess of those pledged for Agency bonded indebtedness and any other superior debt, and/or payable from any other resources available to the Agency from which such payment may legally be made, allocated to and received by the Agency for the Merged Redevelopment Project Area. The term of the note shall begin on the date of disbursement and is due in full by June 30, 2011, unless extended by the Agency Board. This note is issued in connection with the provision of funds to finance redevelopment activities of the Merged Redevelopment Project Area, and specifically the Block 36 Mixed Use Project. The Merged Project provides for tax increment financing in accordance with the provisions of the California Health and Safety Code. The Agency is authorized, with the consent of the Board of Directors, to undertake certain actions which are necessary and incidental to carrying out the Redevelopment Plan which has previously been adopted by the City of Azusa, for purposes of the Merged Redevelopment Project area. The Agency Board has authorized the loan for purposes of funding property acquisition and offsite improvements pertaining to the Block 36 Project. This note is issued under the authority and pursuant to the Community Redevelopment Law, commencing with Section 33600 of the Health and Safety Code of the State of California, as amended. Each payment shall be credited first to principal due and the remainder to interest; and interest shall thereupon cease upon the principal so credited. Any unpaid interest shall accrue and be added to the outstanding principal balance. In the event of any legal or financial obligation incurred by the 20% Set Aside Fund which requires immediate repayment of the Loaned Funds, the Capital Project Fund will immediately repay said Loaned Funds from any other resources available to the Agency from which such payment may legally be made. Principal and interest shall be payable in lawful money of the United States at Azusa, California. Demand, presentment for payment, protest and notice of protest are hereby waived. REDEVELOPMENT AGENCY OF THE CITY OF AZUSA By: k oseph R. Rocha, Chairperson BLOCK 36 MIXED USE PROJECT DOCUMENT IN C:IDOCUMENTS AND SETTWGSWZUSAUSERIIDESKMMWDECEMEER 17,20]E[ MDEODOC