1990/02/27 City Council Resolution (10)RONO0001- 59/0333R/es
02/21/90 4:25
RESOLUTION NO. 90 -49
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK, CALIFORNIA, APPROVING THE FINAL
FORM OF A CERTAIN AMENDED AND RESTATED LOAN
AGREEMENT NO. 2, AUTHORIZING EXECUTION THEREOF,
AND MAKING CERTAIN FINDINGS IN CONNECTION WITH A
CERTAIN COMMITMENT BY THE AGENCY FOR THE USE OF
TAX INCREMENT REVENUES TO PAY FOR THE
INSTALLATION AND CONSTRUCTION OF A PUBLICLY OWNED
BUILDING PURSUANT TO HEALTH AND SAFETY CODE
SECTION 33679
WHEREAS, the Community Development Agency of the City of
Rohnert Park (the "Agency "), is a redevelopment agency, a public
body, corporate and politic of the State of California, organized
and existing pursuant to the Community Redevelopment Law (Part 1 of
Division 24 (commencing with Section 33000) of the Health and Safety
Code of the State of California) (the "Act "); and
WHEREAS, the City of Rohnert Park, California (the "City "),
a municipal corporation and a general law city, duly created and
existing pursuant to the Constitution and the laws of the State of
California (the "City "), has previously undertaken actions
preparatory to the incurring of certain obligations in connection
with the lease to the Agency of an approximately three (3) acre
parcel of property owned by the City located on the southwest corner
of Rohnert Park Expressway and Snyder Lane (the "Site ") and
improvements thereon located within the redevelopment project area
of the Agency known as the Rohnert Park Redevelopment Project; and
WHEREAS, pursuant to Section 33610, et sea., of the Act,
the City Council may, by appropriate resolution, provide for the
funding of the Community Development Agency of the City of Rohnert
Park Administrative Fund and the Community Development Agency of the
City of Rohnert Park Redevelopment Revolving Fund; and
WHEREAS, pursuant to Section 33445 of the Act, the Agency
may, with the consent of the City Council, pay all or a part of the
costs of the installation and construction of any building,
facility, structure or other improvement which is publicly owned
either within or without the boundaries of a redevelopment project
area if the City Council determines: (1) that such buildings,
facilities, structures or other improvements are of a benefit to the
Project Area or the immediate neighborhood in which the project is
located, regardless of whether such improvement is within another
project area in the case of a project area in which essentially all
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the land is publicly owned that such improvement is of benefit to an
adjacent project area of the Agency, and (2) that no other
reasonable means of financing such buildings, facilities, structures
or other improvements, are available to the community, and such
determination by the Agency and the City Council shall be final and
conclusive; and
WHEREAS, Health and Safety Code Section 33679 requires that
a public hearing be held by the City Council prior to the commitment
by the Agency to use tax increment revenues for the purpose of
paying all or a part of the costs of installation and construction
of certain improvements; and
WHEREAS, the City Council has initiated certain actions in
connection with the loan of moneys from the general fund of the City
to the revolving fund of the Agency for the construction of a
cultural arts facility on the Site to be owned, held or controlled
by the City for its municipal purposes (the "Project "); and
WHEREAS, the City Council, by adoption of its Resolution
No. 88 -131 on June 28, 1988, and an appropriate Resolution on
January 23, 1990, has deemed it desirable to proceed with the
acquisition of the Site pursuant to the Site Lease, by and between
the City and the Agency (the "Site Lease ") and the loan of an
aggregate principal amount of $4,950,000 from the City to the Agency
pursuant to a loan agreement by and between the City and the Agency
(the "Prior Performing Arts Center Loan Agreement "); and
WHEREAS, the City Council has deemed it desirable to
proceed with the loan of an additional $510,000 from the City to the
Agency pursuant to an Amended and Restated Loan Agreement No. 2 (the
"Amended and Restated Performing Arts Center Loan Agreement "); and
WHEREAS, the Agency staff has prepared a certain summary in
accordance with Section 33679 of the Act regarding the installation
and construction of the Project and a copy of said summary is on
file with the City Clerk; and
WHEREAS, the Agency has requested the City Council to
conduct a public hearing concerning the commitment of the Agency to
use all or a portion of certain tax increment revenues which may
hereafter be allocated and paid to the Agency for the purpose of
paying all or a part of the installation and construction of the
Project as more fully described in said Amended and Restated
Performing Arts Center Loan Agreement; and
WHEREAS, the construction and installation of the Project
shall confer a substantial benefit both within and without the
redevelopment project area of the Agency known as the Rohnert Park
Redevelopment Project (the "Project Area ") and shall significantly
assist the Agency in preventing the spread of blight into portions
of the City located outside of the Project Area; and
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WHEREAS, the City Council proposes to approve the form of
the proposed Amended and Restated Performing Arts Center Loan
Agreement; and
WHEREAS, the City Clerk has caused notice of said public
hearing to be duly published in accordance with applicable law; and
WHEREAS, it is the intent and desire of the City that the
Agency's obligation to the City under any agreements, loans,
resolutions or minute orders (motions) of the Agency, including the
Amended and Restated Performing Arts Center Loan Agreement, be
subordinate to the $12,000,000 Community Development Agency of the
City of Rohnert Park, California, Rohnert Park Redevelopment
Project, Tax Allocation Bonds, Issue of 1988 (the "Bonds ") and any
future tax - exempt or taxable obligations authorized and issued by
the Agency; and
WHEREAS, it is appropriate at this time for the City to
make certain findings and take certain action with respect to the
installation and construction of the Project.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY
THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AS FOLLOWS:
Section 1. The City Council has duly conducted a full
and fair public hearing in accordance with the provisions of
Section 33679 of the Act in connection with the proposed Amended and
Restated Performing Arts Center Loan Agreement.
Section 2. The City Council hereby accepts and approves
that certain summary, dated as of February 7, 1990, as prepared by
the City Staff and the Staff of the Agency and on file with the City
Clerk in accordance with Section 33679 of the Act regarding the
Project and the Site.
Section 3. The City Council hereby finds and determines
that the Project is located within the Project Area and benefits the
Project Area and benefits other neighborhoods and areas in the City
by virtue of the improved community services which shall be provided
as a result of said Project. The City Council further finds and
determines that no other reasonable means of financing the
construction of the Project are presently available to the City
except as may be provided pursuant to the Amended and Restated
Performing Arts Center Loan Agreement.
Section 4. The City Council hereby authorizes the form
of and approves the execution of the Amended and Restated Performing
Arts Center Loan Agreement by and between the Agency and the City
for the financing of the Project substantially in the form as on
file with the City Clerk.
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Section 5. The City Council further authorizes the
execution of the final form of such documents when the same shall be
presented for execution by the Mayor, the City Clerk, or such other
appropriate City officials, subject to such changes, additions or
deletions as may be approved by the City Manager. The execution
thereof by the Mayor, City Clerk, the City Manager or such other
appropriate City official shall be deemed to be conclusive as to the
approval thereof by and on behalf of the City.
Section 6. Pursuant to Section 33445 of the Act, the
City Council hereby consents and agrees to the payment by the Agency
of all or part of the value of costs of the installation and
construction of the Project in accordance with the Amended and
Restated Performing Arts Center Loan Agreement.
Section 7. The City hereby subordinates the rights of
the City to receive any payments from the Agency pursuant to the
Site Lease and the Amended and Restated Performing Arts Center Loan
Agreement to the use of any tax increment revenues of the Agency
required to pay debt service amounts on the Bonds and any future
tax - exempt or taxable obligations authorized and issued by the
Agency.
Section 8. The City Council declares its intention
that, at its sole discretion and with the consent of the Agency, it
may accept the prepayment of any or all amounts owed to the City
Pursuant to the Amended and Restated Performing Arts Center Loan
Agreement by participating in a certificate of participation or
other tax - exempt or taxable financing with the Agency in connection
with the Site and the Project.
Section 9. The City Clerk is hereby authorized and
directed to cause this Resolution to be transmitted to the Agency
for consideration in connection with appropriate action by that body.
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adoption. Section 10. This Resolution shall take effect upon
ADOPTED AND APPROVED this -27th day of February 1990.
/2 J
Mayor of City of
Rohnert P California
CITY
(SEAL)
ATTEST:
City/UeA" of
rt Park, Cali: �04231a
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