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CRA - 68RESOLUTION NO. CRA-68 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CYPRESS DETERMINING BENEFIT TO ITS CIVIC CENTER REDEVELOPMENT PROJECT AREA AND AUTHORIZING THE EXECUTION OF A TAX ALLOCATION NOTE IN THE PRINCIPAL AMOUNT NOT IN EXCESS OF $4,500,000 WHEREAS, the Redevelopment Agency of the City of Cypress (the "Agency") is a redevelopment agency (a 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 (Part 1 of Division 24 commencing with Section 33000 of the Health and Safety Code of the State of California (the "Law"), and the powers of the agency include the power to issue bonds and notes for any of its corporate purposes, and WHEREAS, the Redevelopment Plan for a redevelopment project known as the "Civic Center Redevelopment Project Area" (the "Project Area") was approved and adopted by the City Council of the City of Cypress by Ordinance No. 692 on July 19, 1982, and was thereafter amended by Ordinance No. 813, adopted on April 10, 1989 (the "Amended Redevelopment Plan", and all requirements of law for and precedent to the adoption and approval of the Amended Redevelopment Plan have been duly complied with; and WHEREAS, for the purpose of providing for the redevelopment of certain property within the Project Area in accordance with the Amended Redevelopment Plan, the Agency has duly entered into that certain owner participation agreement with Cypress Homes, Inc. ("Cypress Homes") and the City of Cypress, California (the "City") dated as of September 10, 1990 (the "Owner Participation Agreement") which was approved by the Agency with the adoption of its Resolution No. CRA-67 on September 10, 1990; and WHEREAS, Cypress Homes qualifies as and is an owner-participant pursuant to the Agency's Owner Participation Rules; and WHEREAS, the Owner Participation Agreement provides that Cypress Homes will design and construct certain public facilities, including (i) a portion of a regional storm drain system and pump station within or directly benefitting the Project Area and (ii) perimeter streets and certain improvements related thereto adjacent to the Site, namely, a portion of Orange Avenue,' Moody Street, Ball Road and Denni Street, (collectively referred to as "Redevelopment Facilities") as more particularly described therein, which Redevelopment Facilities benefit the Project Area, and in consideration of Cypress Homes constructing and conveying the Redevelopment Facilities to the Agency or its designee, and in exercise of the Agency's borrowing power, the Agency has duly provided for the issuance pursuant to the Owner Participation Agreement of the Redevelopmnent Agency of the City of Cypress (Civic Center Redevelopment Project Area), Tax Allocation Note in the principal amount not in excess of $4,500,000 (the "Note") payable from a portion of tax increment revenues attributable to the Project Area; and WHEREAS, the Redevelopment Facilities constitute redevelopment activity primarily of benefit to the Project Area and the Agency is authorized by Section 33445 of the Health and Safety Code of the State of California to pledge such tax increment revenues as set forth in the Owner Participation Agreement to the payment of the Note, provided that the Agency and the City first make certain determinations with respect thereto; NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CYPRESS DOES HEREBY, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. correct. The above recitals are true and Section 2. Pursuant to authority contained in Section 33445 of the Health and Safety Code of the State of California, the Agency hereby determines that the Redevelopment Facilities are of benefit to the Project Area and that no means other than the pledge of tax increment revenues contained in the Owner Participation Agreement is reasonably available to the Agency to finance such Redevelopment Facilities. Section 3. The determinations made herein by the Agency shall be deemed final and conclusive. Section 4. In accordance with the Law and the Amended Redevelopment Plan, the Chairman, Secretary and Executive Director are authorized and directed to execute, attest, authenticate and deliver the Note in a principal amount not to exceed $4,500,000 at an interest rate not to exceed 8% pursuant to and in accordance with the Owner Participation Agreement. Section 5. This Resolution shall take effect and be in full force from and after its adoption by the Agency. PASSED AND ADOPTED by the Redevelopment Agency of the City of Cypress at a regular meeting held on the 24th day of June, 1991. REDEVELOPMENT AGENCY OF THE CITY OF CYPRESS I ATTEST: · ~ECRE~ARY -/v -2- STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) I, DARRELL ESSEX, Secretary of the Redevelopment Agency, DO HEREBY CERTIFY, that the foregoing Resolution No. CRA-68 was approved and adopted by the Redevelopment Agency of the City of Cypress at a regular meeting held on the 24th day of June, 1991, by the following vote to wit: · AYES: 4 NOES: 0 ABSENT: 0 AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: ABSTAINED: 1 AGENCY MEMBERS: Kerry, Nicholson, Partin and Bowman None None Age -3-