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SR-414-001 (17) CA:RMM:lamd029/hpw City Council Meeting 12-09-86 Santa Monica, (le/~fI- .:< "DEE - 9 1986 :,;jo~'i,' .il ",:; California STAFF REPORT TO: city Council FROM: city Staff SUBJECT: Re-affirmation of Reimbursement Agreement Between the City of Santa Monica and the Santa Monica Redevelopment Agency Introduction This Staff Report transmits resolutions by the City Council and the Redevelopment Agency which reaffirms a Reimbusement Agreement between the City and the Agency previously entered into in connection with issuance of the Agency's 1978 Parking Lease Revenue Bonds. This reaffirmation is necessary because the original Reimbursement Agreement cannot be located. Backqround On December 1, 1978, Parking Lease Revenue Bonds ("Bonds") of the Santa Monica Redevelopment Agency were issued. These Bonds are secured by and payable from Base Rental Payments ("Rental Payments") to be received pursuant to the terms of a '~'" Lease Agreement between the City and the Agency dated December 1, 1978. Under such Lease Agreement, the Agency agreed to finance construction of a Parking Facility (the "Facility") in the Downtown Redevelopment Project Area, and the city agreed to make Rental Payments for the completed Facility in an amount sufficient to pay annual debt service on the Bonds. ee/l?f1 ,~ DEC - 9 J986 - 1 - The City derives the funds for payment of debt service from a combination of Developer payments (payable pursuant to a Payment Agreement and Sublease pertaining to the Facility), and from tax increment revenue ("tax increment") which the Agency receives and a portion of which is transferred to the City pursuant to the Reimbursement Agreement. The City's outside redevelopment counsel (Weiser, Kane, Ballmer & Berkman) has been unable to locate the original or copies of such Reimbursement Agreement. It was therefore deemed advisable that city Staff and its counsel reconstruct such Reimbursement Agreement and submit it to the City council and the Agency members for re-affirmation of the existing obligations. Discussion The reaffirmation of the reconstructed Reimbursement Agreement will provide necessary documentation to support the existing obligations of the City and the Agency pertaining to the Parking Facility located in the Downtown Redevelopment Proj ect Area. city Staff believes such action is advisable to preserve a clear record of the intended rights and obligations on the date of issuance of such Parking Lease Revenue Bonds. Re-affirmation will provide necessary information to future City Staff and members of its City Council and Redevelopment Agency. Budqet/Financial Impact The re-affirmation of the Reimbursement Agreement by adoption of the attached resolutions will not have any budget or financial impact other than to provide documentation pertaining - 2 - to the Agency's existing obligation to provide certain funds to the city. Recommendation It is respectfully recommended that: 1. The City Council adopt the attached Resolution (Exhibit "A"); and 2. The Redevelopment Agency adopt the attached Agency Resolution (Exhibit "B"). Prepared By: Robert M. Myers, City Attorney Linda A. Moxon, Deputy city Attorney C.M. Dennis, Director of Finance - 3 -