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Agmt05 RWC Redevelopment Agency
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Agmt05 RWC Redevelopment Agency
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Last modified
2/25/2016 10:47:02 AM
Creation date
4/15/2005 10:23:12 AM
Metadata
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Template:
Agreement
Contractor Name
RWC Redevelopment Agency
PROJECT NAME
loan agreement
RMP File Number
405
Date
1/1/2005
MO Ref
05-13, 16-025
Amendment
Yes
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redevelopment agency. <br /> G. The Dissolution Act further provides that after a successor agency receives a <br /> finding of completion from the Department of Finance ("DOF") pursuant to Health and Safety <br /> Code Section 34179.7, loan agreements entered into between the redevelopment agency and the <br /> city, county or city and county that created the redevelopment agency may be deemed to be <br /> enforceable obligations under certain conditions. <br /> H. The Successor Agency has received a finding of completion from DOF, as <br /> evidenced by a letter from DOF, dated December 10, 2015. <br /> I. The parties desire to enter into this Amendment in order to ratify the existence <br /> and validity of the Loan, and to establish repayment terms for the repayment of the Loan <br /> pursuant to the Dissolution Act. <br /> AMENDMENT <br /> NOW, THEREFORE, for good and valuable consideration, including the mutual <br /> promises and covenants contained herein, the Parties mutually agree as follows: <br /> 1. Pur ose. The purpose of this Amendment is (a) to ratify the existence and <br /> validity of the Loan, and (b) to establish the repayment terms of the Loan pursuant to the <br /> Dissolution Act. <br /> 2. Loan Amount. It is the understanding and agreement of the parties that the total <br /> amount of the Loan owed to the City is $2,269,544.00, plus interest calculated at the rate <br /> established under Health and Safety Code Section 34191.4(b)(3). <br /> 3. Loan was for Leeitimate Redevelopment Purposes. The parties acknowledge and <br /> agree that the Loan amounts due to the City reflect repayment to the City of amounts loaned to or <br /> advanced on behalf of the Redevelopment Agency to further the Redevelopment Agency's <br /> redevelopment activities, and was for legitimate redevelopment purposes. <br /> 4. Conditions Precedent to Repavment. The Parties understand and agree that, <br /> pursuant to the Dissolution Act, the Loan will be deemed to be an "enforceable obligation" only <br /> after completion of the following actions: <br /> a. The Successor Agency shall have been issued a finding of completion by <br /> DOF pursuant to Health and Safety Code Section 34179.7. DOF issued a finding of completion <br /> to the Successor Agency on December 10, 2015. <br /> b. The Successor Agency shall have applied for and the Oversight Board <br /> shall have approved the Loan, and made a finding that the Loan was for legitimate <br /> redevelopment purposes. <br /> The Parties acknowledge and agree that DOF has issued a finding of completion <br /> to the Successor Agency pursuant to Health and Safety Code Section 34179.7. The Successor <br /> Agency and City shall cooperate in providing any documentation and evidence to the Oversight <br /> Page 2 of 4 <br /> ATTY/A6R/2016.013/RATIFICATION AND AMENDMENTTO LOAN AGREEMENT <br /> REV:01-25-16 VR <br />
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