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HomeMy WebLinkAbout1995-06-27 - AGENDA REPORTS - CMTY RECOVERY AGENCY (2)AGENDA REPORT Executive Board A Item to be presented by: c S Steve Stark NEW BUSINESS DATE June 27 , 1995 SUBJECT COMMUNITY RECOVERY AGENCY EXECUTION OF A PROMISSORY NOTE WITH CITY OF SANTA CLARITA Resolution Number RDA 95-5 DEPARTMENT Finance BACKGROUND The City Council and the Community Recovery Agency Board has approved the creation of a Redevelopment Project Area to respond to earthquake relief; infrastructure emergency mitigation needs; economic development and community revitalization; and housing improvements. The Community Redevelopment Law, provides that the Agency has the power to borrow money from the City and issue notes and other instruments necessary to exercise this power. In March, 1994 Council approved a General Fund Promissory Note (credit line) for an amount not to exceed $250,000 to be used for and ultimately receive reimbursement for City staff and the operating costs provided to the Community Recovery Agency (CRA) during FY93/94. CRA activity for FY93/94 totaled $250,746. Year end expenditures for FY94/95 are estimated at $737,850. Proposed FY95/96 budget for CRA activity is $502,395. Based on FY94/95 year end estimates and the proposed FY95/96 budget amount, the CRA will require an additional Promissory Note (credit line) for an amount not to exceed $1,250,000 to support CRA expenditures. CRA now formally requests to execute a Promissory Note with the City's General Fund for an additional amount not to exceed $1,250,000 for remaining credit line required to fund FY93/94 actual expenditures, FY94/95 year end estimates and FY95196 proposed budget. Adopt Resolution Number RDA 95-5 ATTACHMENTS Attachment A Resolution RDA 95-5 Promissory Note c` hrdanote2 Mopepp(�jj Yi )�' — A 7 � / v COMMUNITY RECOVERY AGENCY Consultant Costs Attorney Fees Staff Time & Costs Operations & Maintenance Capital Equipment Indirect Staff Time & Costs Reimburse Space Rent 1/2 Economic Development cmatt ATTACHMENT A FY94/95 FY 95/96 YEAR END PROPOSED ESTIMATE BUDGET 107,000 140,000 168,900 34,860 4,540 101,300 23,900 157,350 :i 11 737,8 1 502,395 RESOLUTION NO. RDA95-5 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARITA, CALIFORNIA, AUTHORIZING THE BORROWING OF AN AMOUNT NOT TO EXCEED $1,250,000 FROM THE CITY OF SANTA CLARITA; AUTHORIZING THE EXECUTION AND DELIVERY OF A PROMISSORY NOTE IN FAVOR OF THE CITY OF SANTA CLARITA IN CONNECTION THEREWITH; AND AUTHORIZING AGENCY OFFICIALS, STAFF AND OTHER PARTIES TO TAKE CERTAIN ACTIONS NECESSARY TO ACCOMPLISH THE EXECUTION AND DELIVERY OF SAID PROMISSORY NOTE. WHEREAS, the Redevelopment Agency of the City of Santa Clarita (the "Agency") is a redevelopment agency and public body, corporate and politic, duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law (consisting of Part 1 of Division 24, commencing with Section 33000, as amended, of the California Health and Safety Code) ( the "Redevelopment Law") and the powers of the Agency include the power to borrow money from the City of Santa Clarita, California (the "City"), and to issue notes and other instruments necessary or convenient to the exercise of such power; and WHEREAS, a redevelopment plan for a redevelopment project known and designated as the "Project Area" has been adopted and approved by Ordinance No. 94-3 of the City adopted on February 22, 1994 (the "Plan"), and all requirements of law for and precedent to the adoption and approval of the Plan have been complied with; and WHEREAS, for the corporate purposes of the Agency, the Agency proposes to authorize the borrowing of an amount not to exceed $1,250,000 from the City and, in connection therewith, execute and deliver a Promissory Note dated as of June 27, 1995 (the "Note"), Exhibit A - in favor of the City, to finance a portion of the costs of implementing the Plan and to pay costs in connection with the execution and delivery of the Note; NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE, DETERMINE AND DECLARE THAT: Section 1. Incurrence of Debt Authorized. The Agency is hereby authorized to borrow an amount not to exceed $1,250,000 from the City for certain lawful and public purposes, including, without limitation, the purposes set forth in the foregoing recitals. Section 2. Promissory Note. The Agency hereby approves the Note in substantially the form on file with the Secretary, together with any changes therein or additions thereto approved by the Chairperson or the Vice -Chairperson and subject to General Counsel approval. The Chairperson or Vice -Chairperson shall execute and deliver the Note, the Secretary shall attest to such signature, in the name and on behalf of the Agency, and execution and attestation thereof shall be conclusive evidence of approval of any such changes and additions. Section 3. Authorization to Proceed. All actions heretofore taken by the officers and agents of the Agency with respect to borrowing money from the City and the execution and delivery of the Note are hereby approved, confirmed and ratified. The Agency hereby authorizes and directs General Counsel to prepare all other documents in connection with the borrowing of money from the City; to advise the Agency in connection therewith; and to otherwise accomplish the lawful and expeditious execution and delivery of the Note. Agency officials and staff are hereby authorized and directed to assist and cooperate in connection with the execution and delivery of the Note and to take any and all actions which they, or any of them, may deem necessary or advisable in order to consummate the transactions described herein including, but not limited to, the execution and delivery of any and all agreements, certificates, instruments and other documents. Section 4. Effectiveness. This Resolution shall take effect from and after its adoption by the Board of Directors. PASSED AND ADOPTED by the Board of Directors of the Redevelopment Agency of the City of Santa Clarita at a regular meeting held on the day of 11995. REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARITA CHAIRPERSON ATTEST: SECRETARY STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of the Redevelopment Agency of the City of Santa Clarita at a regular meeting thereof, held on the day of , 1995, by the following vote of the Board: AYES: BOARDMEMBERS NOES: BOARDMEMBERS ABSENT: BOARDMEMBERS ABSTAIN: BOARDMEMBERS SECRETARY EXHIBIT A June 27, 1995 PROMISSORY NOTE The Santa Clarita Redevelopment Agency, a redevelopment agency ("Agency"), for a good and valuable consideration, receipt of which is hereby acknowledged, does hereby agree to pay, on or before maturity, to the City of Santa Clarita, a municipal corporation ("City"), at Santa Clarita, California 91355, a sum certain amount as specified from time to time and certified by the Finance Director, as designated on Attachment I, attached hereto, but in no event greater than the sum of $1,250,000, together with interest per annum thereon, at a rate equal to the prime rate plus one (1) point; "prime rate" as used herein shall mean the prime rate of interest quoted in the greater Los Angeles area as of July 1st of each calendar year during the term thereof, by the First Interstate Bank, or its successor. Principal and interest shall be payable in lawful monies of the United States. Said principal and interest shall be paid at maturity; provided; at the option of the Agency, the entire balance of principal and interest may be paid prior to said maturity date.. Should litigation be reasonably necessary to enforce the provisions of this Note, the Agency shall pay, in addition to all other sums due on this note, an amount equal to reasonable attorneys' fees as set by the court, plus court costs incurred therein. SANTA CLARITA REDEVELOPMENT AGENCY REDEVELOPMENT AGENCY ATTEST: Executive Director Secretary ATTACHMENT PROMISSORY NOTE SANTA CLARITA REDEVELOPMENT AGENCY, REDEVELOPMENTAGENCY Sum certain amounts, as specified from time to time and certified by Finance Director for a sum amount not to exceed $1,250,000. DATE OF LOAN AMOUNT CERTIFICATION fin/counciV95-75res EXHIBIT A June 27, 1995 PROMISSORY NOTE The Santa Clarita Redevelopment Agency, a redevelopment agency ("Agency"), for a good and valuable consideration, receipt of which is hereby acknowledged, does hereby agree to pay, on or before maturity, to the City of Santa Clarita, a municipal corporation ("City"), at Santa Clarita, California 91355, a sum certain amount as specified from time to time and certified by the Finance Director, as designated on Attachment I, attached hereto, but in no event greater than the sum of $1,250,000, together with interest per annum thereon, at a rate equal to the prime rate plus one (1) point; "prime rate" as used herein shall mean the prime rate of interest quoted in the greater Los Angeles area as of July 1st of each calendar year during the term thereof, by the First Interstate Bank, or its successor. Principal and interest shall be payable in lawful monies of the United States. Said principal and interest shall be paid at maturity; provided, at the option of the Agency, the entire balance of principal and interest may be paid prior to said maturity date. Should litigation be reasonably necessary to enforce the provisions of this Note, the Agency shall pay, in addition to all other sums due on this note, an amount equal to reasonable attorneys' fees as set by the court, plus court costs incurred therein. SANTA CLARITA REDEVELOPMENT AGENCY REDEVELOPMENT AGENCY Lo Executive Director ATTEST: By Secretary ATTACHMENT PROMISSORY NOTE SANTA CLARITA REDEVELOPMENT AGENCY, REDEVELOPMENT AGENCY Sum certain amounts, as specified from time to time and certified by Finance Director for a sum amount not to exceed $1,250,000. DATE OF LOAN AMOUNT CERTIFICATION fin/counciV95-75res