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HomeMy WebLinkAboutResolution No. 11-C14RESOLUTION NO. 11—C14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF AZUSA, CALIFORNIA, CALLING AN AGENCY LOAN AND REQUIRING IMMEDIATE REPAYMENT OF OUTSTANDING INDEBTEDNESS OWED TO THE CITY WHEREAS, pursuant to the California Community Redevelopment Law (Health and Safety Code Sections 33000, et seg.) ("CRL"), the City Council ("City Council") of the City of Azusa ("City") has approved and adopted a redevelopment pian ("Redevelopment Plan") for the Merged Central Business District Redevelopment Project Area ("Project Area"); and WHEREAS, the Governing Board (`Board") of the Redevelopment Agency of the City of Azusa ("Agency') has adopted an implementation plan for the Redevelopment Plan ("Implementation Plan") and is engaged in activities necessary to execute and implement the Redevelopment Plan pursuant to the CRL; and WHEREAS, on March 24,2008 the City Council authorized a loan of 53,300,000 to the Agency, and the Agency accepted the loan from the Council, for the purpose, of financing the acquisition of certain real property located at (see attached listing) for redevelopment ("City Loan"); and WHEREAS, as evidenced by the Promissory Note, City may call the City Loan at any time and require immediate repayment of the Agency indebtedness; and WHEREAS, the City desires to exercise this right and require immediate repayment in full of the Agency indebtedness. In lieu of payment in available funds, the City is willing to accept, via quitclaim deed, property of equal value; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES RESOLVE AS FOLLOWS: Section 1. The recitals set forth above are true and correct and incorporated herein. Section 2. The Council hereby calls the City Loan and requires immediate repayment in full of the City Loan. Section 3. The City Manager, or his or her designee, is authorized and directed to execute such documents and instruments as may be necessary to memorialize the obligations between the City and the Agency, including the obligations required to finalize a transfer of property, and shall take all other actions necessary or convenient in the furtherance of the actions authorized by this Resolution. Section 4. The Council has determined that the requirement of repayment from the Agency to the City, and potential transfer of land, is exempt from the requirements of the California Environmental Quality Act ("CEQA"), Pursuant to State CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that the mere transfer of funds or title from the Agency to the City will not have a significant effect on the environment. Section 5. The Council hereby directs City staff to file a Notice of Exemption with the Clerk of Los Angeles County within five (5) calendar days following approval of this Resolution. Section 6. This Resolution shall take effect immediately upon its adoption. Section 7. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 22nd day of February, 2011. /tom JOSE HR. ROCHA, MAYOR ATTEST: AW -�ii i �/' AdLeW'11 PRAM10241 0 I HEREBY CERTIFY that the foregoing resolution was duV adopted by the City Council of the City of Azusa at a special meeting thereof held on the 22' day of February, 2011, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: MENDOZA, CITY APPROVED TO FORM: AWA-(?' CITY ATTORNEY GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NONE NONE El HIBIT . PROMISSOR17 JNOTE MERGED REDEVELOPNIE T PROJECT AREA AZUSA, CAI,IFORN'IA March 24,2008 For value received., the REDEVELOPMENT AGDXY OF THE CITY OF AZUSA, a public bodv corporate and politic ('Agency'), promises to pay the AZUSA LIGHT & WATER, a municipal utility organized and existing under the laws of the State of California ("Citi"), the estimated sum of FIVE MILLION THREE HUNDRED THOUSAND DOLLARS AND NO -1100 (S-530%000), revised as necessary to refleet actual expenditures. with interest thereon from the date of actual receipt of loan proceeds as evidenced by warrant date of disbursement, at the annual interest rate equivalent to the Local Agency Investment Fund rate, current]} 4.161 %per annum, principal and interest payable annually. Any unpaid amounts will accrue annually and be added to principal. The. Note. is payable from tae increment revenues in excess of those pledged for Agency bonded indebtedness, property sales proceeds, bond proceeds designated to repay this note; and/or any other resources available to the Agency from which such payment ma., legally be made. allocated to and received by the Agency for the Merged Redevelopment Project Area. The term of the note shall be payable upon demand, unless extended by mutual consent of both parties. The interest earned by the Utility Fund Reserve shall be transferred into the Utility mitigation fund This note is issued in connection with the provision of funds to finance redevelopment activities of the Merged Redevelopment Project Area. The Merged Project provides for tax increment financing in accordance with the provisions of the California Health and Safety Code. The Agenev is authorized. with the consent of the Board of Directors, to undertake certain actions which are necessary and incidental to carmine out the Redevelopment Plan which has previousi� been adopted by the City of Azusa, for purposes of the. Merced Redevelopment Prgject area. The Utility Board has authorized the loan for purposes of funding property acaut.sitions, administrative expenses and project related activities. This note is issued under the authority and pursuant to the Communiry Redevelopment Law, commencing with Section 33600 of the Health and Safety Code of the State of CaIifomia. 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 event of default in payment of any amount as herein provided, then the entire amount shall become due at the option of the City of Azusa 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 /.ioseoh R, Rocha. Chairperson PROPERTY ACQUISITIONJCBD North East Corner Azusa/Arrow No Address: APN: 8621-024-902, 8621-024-903 Address: 17525 E. Arrow Hwy APN: 8621-024-904 1 inch = 100 feet City of Azusa NEC Azusa Ave. & Arrow HwyL. GIS Path: C:V+roGtS_Misc Projects_3_9.2\Kurt CV¢usa@ArroWNEC.Mxd Date: 2/17/201':