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Resolution No. 74081 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7408 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AN AMENDMENT TO RESOLUTION NO. 5724 WHICH ESTABLISHED THE REDEVELOPMENT AGENCY REVOLVING LOAN FUND AND APPROVING AN AMENDMENT TO THE REVOLVING FUND LOAN AGREEMENTS ADJUSTING. THE LOAN RATE AMOUNT WHICH WERE APPROVED BY RESOLUTION NOS. 5725, 6717, 7195 AND 7232 FOR REVOLVING FUND LOAN AGREEMENT NOS. 1, 2, 3 AND 4 WHEREAS, the City of Vernon (hereinafter referred to as the "City") by adoption of Resolution No. 5724, on March 6, 1990, established the Redevelopment Revolving Fund as authorized by Health and Safety Code Section 33620; and WHEREAS, Health and Safety Code Section 33623 provides that, by resolution of the legislative body adopted by a two- thirds vote, any money in the Redevelopment Revolving Fund may be paid to the Redevelopment Agency of the City of Vernon (hereinafter the "Agency"), upon such terms and conditions as the legislative body may prescribe; and WHEREAS, the City agreed to advance sums from time to time as necessary for the Agency to acquire real property in the project area or for other purposes authorized by Health and Safety Code Section 33623; and WHEREAS, all funds appropriated to the Redevelopment Revolving Fund are to be authorized and approved by a duly adopted resolution of the City Council; and WHEREAS, all funds withdrawn from the Redevelopment Revolving Fund for use by Agency are to be authorized and approved by a duly adopted resolution of the City Council and documented in a loan agreement duly executed by City and Agency; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, under the present terms and conditions of the Redevelopment Revolving Fund, as set forth in Section 3 of Resolution No. 5724, the sums advanced to the Agency from the Redevelopment Revolving Fund are to bear interest at a rate of ten percent (10%) per annum; and WHEREAS, the City and Agency desire to change the terms and conditions of the Redevelopment Revolving Fund by adjusting the interest rate on the sums advanced to the Agency, from the Redevelopment Revolving Fund by reducing the interest rate from ten percent (10%) per annum to five percent (5%) per annum effective as of September 7, 1999; and WHEREAS, on March 6, 1990, the City Council adopted Resolution No. 5725, which approved and authorized (1) the acquisition of real property by the Redevelopment Agency of the City of Vernon; (2) the transfer of funds from the General Fund to the Redevelopment Revolving Fund; (3) the payment of monies in the Redevelopment Revolving Funds to the Redevelopment Agency of the City of Vernon; and (4) the execution of a Redevelopment Revolving Fund Loan No. 1 Agreement between the City of Vernon and the Redevelopment Agency of the City of Vernon; and WHEREAS, Section 3 of Revolving Fund Loan No. 1, establishes an interest rate for the sums withdrawn by the Agency from the Redevelopment Revolving Fund at ten percent (10%) per annum; WHEREAS, the City and Agency desire to reduce the interest rate on the sums advanced under Revolving Fund Loan No. 1 down from ten percent (10%) per annum to five percent (5%) per annum; and -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, on November 21, 1995, the City Council adopted Resolution No. 6717, which approved and authorized (1) the execution of a Redevelopment Revolving Fund Agreement Loan No. 2 between the City of Vernon and the Redevelopment Agency of the City of Vernon for CMD Reconstruction; (2) the transfer of funds from the General Fund to the Redevelopment Revolving Fund; and (3) the payment of monies in the Redevelopment Revolving Funds to the Vernon Redevelopment Agency for CMD Reconstruction; and WHEREAS, Section 3 of Revolving Fund Loan No. 2, establishes an interest rate for the sums withdrawn by the Agency from the Redevelopment Revolving Fund at ten percent (10%) per annum; WHEREAS, the City and Agency desire to reduce the interest rate on the sums advanced under Revolving Fund Loan No. 2 from ten percent (10%) per annum to five percent (5%) per annum; FM WHEREAS, on August 4, 1998, the City Council adopted Resolution No. 7195, which approved and authorized (1) the transfer of funds from the General Fund to the Redevelopment Revolving Fund; (2) the payment of monies in the Redevelopment Revolving Funds to the Redevelopment Agency of the City of Vernon; and (3) the execution of Redevelopment Revolving Fund Loan No. 3 Agreement between the City of Vernon and the Redevelopment Agency - of the City of Vernon; and WHEREAS, Section 3 of Revolving Fund Loan No. 3, establishes an interest rate for the sums withdrawn by the Agency from the Redevelopment Revolving Fund at ten percent (10%) per annum; -3- 1 WHEREAS, the City and Agency desire to reduce the 2 interest rate on the sums advanced under Revolving Fund Loan No. 3 3 from ten percent (10%) per annum to five percent (5%) per annum; 4 and 5 WHEREAS, on November 3, 1998, the City Council adopted 6 Resolution No. 7232, which approved and authorized (1) the 7 transfer of funds from the General Fund to the Redevelopment 8 Revolving Fund; (2) the payment of monies in the Redevelopment 9 Revolving Funds to the Redevelopment Agency of the City of Vernon; 10 and (3) the execution of Redevelopment Revolving Fund Loan No. 4 11 Agreement between the City of Vernon and the Redevelopment Agency 12 of the City of Vernon; and 13 WHEREAS, Section 3 of Revolving Fund Loan No. 4, 14 establishes an interest rate for the sums withdrawn by the Agency 15 from the Redevelopment Revolving Fund at ten percent (10%) per 16 annum; and 17 WHEREAS, the City and Agency desire to reduce the 18 interest rate on the sums advanced under Revolving Fund Loan No. 3 19 from ten percent (10%) per annum to five percent (5%) per annum; 20 and 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 22 CITY OF VERNON AS FOLLOWS: 23 SECTION 1: The City Council of the City hereby finds and 24 determines that the recitals contained hereinabove are true and 25 correct. 26 SECTION 2: The City Council of the City of Vernon hereby 27 amends Resolution No. 5724 to reduce the interest rate on the sums 28 that have been advanced to the Agency from the Redevelopment -4- � � L 1 2 3 4 5 6 7 8 9 10 11 121 13!I 14'' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Revolving Fund, plus the unpaid interest on this sum and any sums which may be advanced from time to time to the Agency from the Redevelopment Revolving Fund from ten percent (10%) per annum to five percent (5%) per annum. SECTION 3: The City hereby approves the amendments to the Redevelopment Revolving Fund Loan Nos. 1, 2, 3 and 4, copies of which have been presented to the City Council concurrently with this resolution and the City Council hereby orders said amendments to Redevelopment Revolving Fund Loan Nos. 1, 2, 3 and 4 be received and filed by the City Clerk. SECTION 4: The City Council of the City hereby authorizes the Mayor and the City Clerk to execute said amendments to Redevelopment Revolving Fund Loan Nos. 1, 2, 3 and 4 for, and on behalf of, the City of Vernon. SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be full force and effect. APPROVED AND ADOPTED this 7th day of September, 1999. ATTES BRUCE V. MALKENHORST, City Clerk -5- ,EONIS C. MALB RG, Mayor 1 STATE OF CALIFORNIA ) ss 2 COUNTY OF LOS ANGELES ) 3 I, BRUCE V. MALKENHORST, City Clerk of the City of 4 Vernon, do hereby certify that the foregoing Resolution, being 5 Resolution No. 7408, was duly adopted by the City Council of the 6 City of Vernon at a regular meeting of the City Council duly held 7 on Tuesday, September 7, 1999, and thereafter was duly signed by 8 the Mayor of the City of Vernon. 9 10 BRUCE V. MALKENHORST, City Clerk 11 12 (SEAL) 13 3.7408 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6- SUPPORTING DOCUMENTS 70? MEMORANDUM TO: Gloria Orosco, Chief Deputy City Clerk FROM: David B. Brearley, City Attorney DATE: September-- 2-;-- 1g99 - Interest Rate - Revolvi It is my understanding that Mr. Malkenhorst is going to recommend that the interest rate for the Revolving Loan Fund be reduced from ten percent (10%) to five percent (5%). OFFICE OF THE CITY ADMINISTRATOR/ CITY CLERK INTER -OFFICE MEMORANDUM DATE: September 21, 1999 TO: Sharon Johnson, Deputy City Treasurer FROM: Gloria J. Oros C ief Deputy City Clerk RE: Amendment No. to the Redevelopment Revolving Fund Loan Nos. 1, 2, 3, and 4 By and Between the City of Vernon, California and the Redevelopment Agency of The City of Vernon Transmitted herewith is a copy of the above referenced agreements along with a copy of Resolution Nos. 7408 and RA-154 approving said agreements at the City Council meeting held September 7, 1999. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 18 19 20 21 22 23 24. 25 26 27 281 Execution Copy AMENDMENT NO. 1 TO THE REDEVELOPMENT REVOLVING FUND LOAN NO. 1 BY AND BETWEEN THE CITY OF VERNON, CALIFORNIA AND THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON THIS AMENDMENT NO. 1 is effective September 7, 1999 BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON, a Public Body, Corporate and Politic duly created and established pursuant to the Community Development Law of the State of California (hereinafter referred to as the "Agency") 4305 Santa Fe Avenue Vernon, California, 90058 AND THE CITY OF VERNON,a Municipal Corporation, whose address is 4305 Santa Fe Avenue, Vernon, California 90058-0805 (hereinafter referred to as the "City") WITNESSETH WHEREAS, the Agency and the City entered into a Revolving Fund Loan No. 1 Agreement (the "Agreement") which was adopted by the Agency by Resolution No. RA-12, and by the City by Resolution No. 5725 on March 6, 1990; and WHEREAS, the Agreement is herein incorporated by reference; and WHEREAS, the Agency and City desire to amend the Agreement to adjust the loan rate amount in the Agreement. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO TO AMEND THE AGREEMENT AS FOLLOWS: 1 SECTION 1: Section 3 of said Agreement is hereby amended 2 as follows: 3 All sums as may be withdrawn by the AGENCY from 4 the Redevelopment Revolving Fund for the purpose 5 of acquiring the subject property shall bear 6 interest at a rate of interest per annum equal to 7 five percent 5% Such interest p ( ). payable on the 8 sums so advanced shall accrue and be added to the 9 principal amount of the loan, and all such 10 amounts shall bear interest at said rate and 11 shall compound annually until repaid by the 12 AGENCY to the CITY. All payments of tax 13 increment revenues pursuant to Health and Safety 14 Code Section 33670 in whole or in part, for the 15 repayment of the obligations of the AGENCY as 16 evidenced by this Agreement shall first be 17 applied to the accrued and unpaid interest on the 18 loan, and any additional amounts of tax increment 19 revenues thereafter remaining shall be applied to 20 the outstanding principal balance thereof. 21 SECTION 2: In all other respects, the terms and conditions 22 of the Revolving Fund Loan No. 1 Agreement shall be renewed in its 23 entirety. 24 25 26 27 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 271 41I IN WITNESS WHEREOF, the parties hereto have executed this Amendment or caused this Amendment to be executed by their respective officers, duly authorized, effective on September 7, 1999. THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON N By: L80NI S C . MALBURG , Cha% rman ATTES BRUCE V. MALKENHORST, Secretary APPROVED AS TO FORM: DAVID B. BR ARLEY, Legal Counsel ATTEST • G IGY G v', o5' BRUCE V. MALKENHORST, City Clerk APPROVED AS AS TO FORM: SD �l DAVID B. BR ARLEY, City torney 3.amendl.aa CITY OF VERNON L ONIS C. MALBURG, Ma or -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Execution Copy AMENDMENT NO. 1 TO THE REDEVELOPMENT REVOLVING FUND LOAN NO. 2 BY AND BETWEEN THE CITY OF VERNON, CALIFORNIA AND THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON THIS AMENDMENT NO. 1 is effective September 7, 1999 BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON, a Public Body, Corporate and Politic duly created and established pursuant to the Community Development Law of the State of California (hereinafter referred to as the "Agency") 4305 Santa Fe Avenue Vernon, California, 90058 AND THE CITY OF VERNON,a Municipal Corporation, whose address is 4305 Santa Fe Avenue, Vernon, California 90058-0805 (hereinafter referred to as the 11City") WITNESSETH WHEREAS, the Agency and the City entered into a Revolving Fund Loan No. 2 Agreement (the "Agreement") which was adopted by the Agency by Resolution No. RA-79 and by the City by Resolution No. 6717 on November 21, 1995; and WHEREAS, the Agreement is herein incorporated by reference; and WHEREAS, the Agency and City desire to amend the Agreement to adjust the loan rate amount in the Agreement. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO TO AMEND THE AGREEMENT AS FOLLOWS: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1: Section 3 of said Agreement is hereby amended as follows: All sums as may be withdrawn by the AGENCY from the City Redevelopment Revolving Fund for the CMD Reconstruction shall bear interest at a rate of interest per annum equal to five percent (5%). Such interest payable on the sums so advanced shall accrue and be added to the principal amount of the loan, and all such amounts shall bear interest at said rate and shall compound annually until repaid by the AGENCY to the CITY. All payments of tax increment revenues received by Agency pursuant to Health and Safety Code Section 33670, may be used in whole or in part for the repayment of the obligations of the AGENCY as evidenced by this Agreement, which said revenues shall first be applied to the accrued and unpaid interest on the loan, and any additional amounts of tax increment revenues thereafter remaining shall be applied to the outstanding principal balance thereof. SECTION 2: In all other respects, the terms and conditions of the Revolving Fund Loan No. 2 Agreement shall be renewed in its entirety. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties hereto have executed this Amendment or caused this Amendment to be executed by their respective officers, duly authorized, effective on September 7, 1999. THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON By: LEONIS C. MAL8VRG, Ch irman ATTEST •� ��/ J�` BRUCE V. MALKENHORST, Secretary APPROVED AS TO FORM: DAVID B. BREARLEY, Legal Counsel CITY OF VERNON LEONIS C. MALBURG, Mdyor ATTES BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: p p DAVID B. BREARLEY, City Attorney ra.a-rvlv.a-2 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2711 28 REDEVELOPMENT REVOLVING FUND LOAN NO. 3 BY AND BETWEEN THE CITY OF VERNON, CALIFORNIA AND THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON THIS AGREEMENT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes this 4th day of August, 1998, BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON, A Public Body, Corporate and Politic duly created and established pursuant to the Community Redevelopment Law of the State of California (hereinafter referred to as "AGENCY") AND THE CITY OF VERNON, a Municipal Corporation, whose address is 4305 Santa Fe Avenue, Vernon, California 90058-0805 (hereinafter referred to as "CITY") RECITALS WHEREAS, the AGENCY has determined that the acquisition of that certain real property consisting of approximately 1.0 acres located at 3226 E. Washington Boulevard in the City of Vernon, County of Los Angeles, State of California (hereinafter "Property") is necessary and desirable for the elimination of blight or for redevelopment purposes; and WHEREAS, at this time, the necessary acquisition funds are not otherwise available to the AGENCY for the purpose of acquiring the Property; and WHEREAS, the CITY has established the Redevelopment Revolving Fund pursuant to the provisions of Health and Safety Code Section 33620, et seq.; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the CITY deems it advisable to loan to the AGENCY city funds necessary to acquire the Property subject to the terms and conditions contained in this Agreement; and WHEREAS, such funds as may be loaned to the AGENCY through the Redevelopment Revolving Fund, as approved from time to time by the City Council, shall be repaid to the CITY if and when tax increment revenues shall be available to the AGENCY. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION 1: The foregoing recitals are true and correct and constitute valid consideration for this Agreement. SECTION 2: The CITY agrees to deposit the sum of Eight Thousand Dollars and No Cents ($800,000.00) into the Redevelopment Revolving Fund and agrees that the AGENCY may withdraw said funds and utilize same in the acquisition of the Property, subject to the terms of this Agreement. SECTION 3: All sums as may be withdrawn by the AGENCY from the Redevelopment Revolving Fund for the purpose of acquiring the Property shall bear interest at a rate of interest per annum equal to ten percent (10%). Such interest payable on the sums so advanced shall accrue and be added to the principal amount of the loan, and all such amounts shall bear interest at said rate and shall compound annually until repaid by the AGENCY to the CITY. All payments of tax increment revenues pursuant to Health and Safety Code Section 33670, in whole or in part, for the repayment of the obligations of the AGENCY as evidenced by this Agreement shall first be applied to the accrued and unpaid interest on the loan, and any additional amounts of tax increment revenues thereafter remaining shall be applied to the outstanding principal -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 balance thereof. SECTION 4: The loan from the CITY to the AGENCY as hereby approved may be repaid from time to time, in whole or in part, at the option of the AGENCY, solely from the tax increment revenues, if any, if and when tax increment revenues shall be available and paid to the AGENCY for such purpose pursuant to Health and Safety Code Section 33670(b). SECTION 5: The AGENCY and the CITY hereby agree that any repayment obligation of the AGENCY with respect to the loan as may hereafter be funded by the CITY from time to time shall at all times be subordinated to any and all other outstanding, or as hereafter may be outstanding, bonds, notes or other forms of indebtedness payable in whole or in part from the tax increment revenues of the AGENCY and shall not constitute a prior lien as to either the tax increment revenues received by the AGENCY or any other legally available funds of the AGENCY. SECTION 6: The CITY and the AGENCY hereby acknowledge and agree that the amounts which may hereafter be advanced by the CITY to the AGENCY as necessary to acquire the Property pursuant to this Agreement shall be considered as an indebtedness of the AGENCY as the same is intended for purposes of the filing of a Statement of Indebtedness with the County of Los Angeles pursuant to Health and Safety Code Section 33675. The repayment obligation of the AGENCY hereunder shall be made from the legally available tax increment revenues of the AGENCY and any other funds of the AGENCY, if any, and at the option of the AGENCY, legally available therefor. -3- 1 SECTION 7: The sums advanced pursuant to this Agreement 2 shall be utilized by the AGENCY solely for the acquisition of the 3 Property and necessary expenses and costs incidental thereto. 4 SECTION 8: The CITY and the AGENCY hereby agree to 5 execute any and all ancillary documents as may reasonably be 6 requested by any bondholder or other purchaser of bonds, notes or 7 other forms of indebtedness of the AGENCY entitled to receive the 8 tax increment revenues of the AGENCY for the repayment of any 9 other indebtedness of the AGENCY for which the tax increment 10 revenues of the AGENCY have been or as may be hereafter be pledged 11 therefor. 12 SECTION 9: This Agreement shall take effect from and 13 after the date of adoption and approval by the CITY and the AGENCY 14 pursuant to official action of the governing bodies thereof and 15 shall be effective for a duration not to exceed the time as 16 necessary to repay fully the CITY the principal amount of the 17 advances from the Redevelopment Revolving Fund for the acquisition 18 of the Property, together with interest thereon as evidenced by 19 this Agreement but in no event shall such repayment obligation 20 extend for a duration of time in excess of that provided in any 21 applicable redevelopment plan, as now constituted or as the same 22 may hereafter be amended. 23 24 25 26 27 28 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties hereto have executed this Agreement or caused this Agreement to be executed by their respective officers, duly authorized, as of this date, month and year first above written. CITY OF VERNON BY: - LEONIS £C. MALBURO,m Mayo ATTEST: BY: BRUCE V. MALKENHORST, City Clerk APPROVED AS J� TO FORM: DAVID B. BREARLEY, City Attorney APPROVED ASTOFORM: �) BY: DAVID B. BREARLEY, Legal tounsel REDEVELOPMENT AGENCY OF THE CITY OF VERNON BY LEONI S C C. MALBURt,, Cha i n BRUCE V. MALKENHORST Secretary -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23'I 24 25 26 27 28 Execution Copy AMENDMENT NO. 1 . TO THE REDEVELOPMENT REVOLVING FUND LOAN NO. 3 BY AND BETWEEN THE CITY OF VERNON, CALIFORNIA AND THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON THIS AMENDMENT NO. 1 is effective September 7, 1999 BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON, a Public Body, Corporate and Politic duly created and established pursuant to the Community Development Law of the State of California (hereinafter referred to as the "Agency") 4305 Santa Fe Avenue Vernon, California, 90058 AND THE CITY OF VERNON,a Municipal Corporation, whose address is 4305 Santa Fe Avenue, Vernon, California 90058-0805 (hereinafter referred to as the "City") WITNESSETH WHEREAS, the Agency and the City entered into a Revolving Fund Loan No. 3 Agreement (the "Agreement") which was adopted by the Agency by Resolution No. RA-132, and by the City by Resolution No. 7195 on August 4, 1998; and WHEREAS, the Agreement is herein incorporated by reference; and WHEREAS, the Agency and City desire to amend the Agreement to adjust the loan rate amount in the Agreement. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO TO AMEND THE AGREEMENT AS FOLLOWS: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 181 19 20 21 22 23 24 25 26 27 28 SECTION 1: Section 3 of said Agreement is hereby amended as follows: All sums as may be withdrawn by the AGENCY from the Redevelopment Revolving Fund for the purpose of acquiring the Property shall bear interest at a rate of interest per annum equal to five percent (5%). Such interest payable on the sums so advanced shall accrue and be added to the principal amount of the loan, and all such amounts shall bear interest at said rate and shall compound annually until repaid by the AGENCY to the CITY. All payments of tax increment revenues pursuant to Health and Safety Code Section 33670, in whole or in part, for the repayment of the obligations of the AGENCY as evidenced by this Agreement shall first be applied to the accrued and unpaid interest on the loan, and any additional amounts of tax increment revenues thereafter remaining shall be applied to the outstanding principal balance thereof. SECTION 2: In all other respects, the terms and conditions of the Revolving Fund Loan No. 3 Agreement shall be renewed in its entirety. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties hereto have executed this Amendment or caused this Amendment to be executed by their respective officers, duly authorized, effective on September 7, 1999. THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON By: `P �z 2-v= i- %mac a� ✓ ONIS C. MAL8VRG, ClYairman ATTES --7r7�— BRUCE V. MALKENHORST, Secretary APPROVED AS TO FORM: ��p"- DAVID B. BREARLEY, Legal Counsel CITY OF VERNON EONIS C. MA BURGMayor ATTE BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: DAVID B. BREARLEY, City Attorney ra.a rvlv.1-3 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Execution Copy AMENDMENT NO. 1 TO THE REDEVELOPMENT REVOLVING FUND LOAN NO. 4 BY AND BETWEEN THE CITY OF VERNON, CALIFORNIA AND THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON THIS AMENDMENT NO. 1 is effective September 7, 1999 BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON, a Public Body, Corporate and Politic duly created and established pursuant to the Community Development Law of the State of California (hereinafter referred to as the "Agency") 4305 Santa Fe Avenue Vernon, California, 90058 AND THE CITY OF VERNON,a Municipal Corporation, whose address is 4305 Santa Fe Avenue, Vernon, California 90058-0805 (hereinafter referred to as the "City") WITNESSETH WHEREAS, the Agency and the City entered into a Revolving Fund Loan No. 4 Agreement (the "Agreement") which was adopted by the Agency by Resolution No. RA-136, and by the City by Resolution No. 7232 on November 3, 1998; and WHEREAS, the Agreement is herein incorporated by reference; and WHEREAS, the Agency and City desire to amend the Agreement to adjust the loan rate amount in the Agreement. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO TO AMEND THE AGREEMENT AS FOLLOWS: 1 SECTION 1: Section 3 of said Agreement is hereby amended 2 as follows: 3 All sums as may be withdrawn by the AGENCY from 4 the Redevelopment Revolving Fund for the purpose 5 of acquiring the Property shall bear interest at 6 a rate of interest per annum equal to five 7 percent (5%). Such interest payable on the sums 8 so advanced shall accrue and be added to the 9 principal amount of the loan, and all such 10 amounts shall bear interest at said rate and 11 shall compound annually until repaid by the 12 AGENCY to the CITY. All payments of tax 13 increment revenues pursuant to Health and Safety 14 Code Section 33670, in whole or in part, for the 15 repayment of the obligations, of the AGENCY as 16 evidenced by this Agreement shall first be 17 applied to the accrued and unpaid interest on the 18 loan, and any additional amounts of tax increment 19 revenues thereafter remaining shall be applied to 20 the outstanding principal balance thereof. 21 SECTION 2: In all other respects, the terms and conditions 22 of the Revolving Fund Loan No. 4 Agreement shall be renewed in its 23 entirety. 24 25 26 27 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties hereto have executed this Amendment or caused this Amendment to be executed by their respective officers, duly authorized, effective on September 7, 1999. THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON By: -` L ONIS C. MALB RG, Ch irman ATTES . BRUCE V. MALKENHORST, Secretary APPROVED AS TO FORM: X:�� DAVID B. BREARLEY, Legal Co sel CITY OF VERNON LEONIS C. MA BURG, VMayor ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: DAVID B. BREARLEY, City Attorney -3-