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R-9452 RESOLUTION NO. 9452 (CCS) (CITY COUNCIL SERIES) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE ISSUANCE AND SALE BY THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA OF ITS SANTA MONICA EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT TAX ALLOCATION BONDS WHEREAS, the Redevelopment Agency of the City of Santa Monica (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 of the California Health and Safety Code) and the powers of such Agency include the power to issue bonds for any of its corporate purposes; WHEREAS, a redevelopment plan for a redevelopment project known and designated as the ?Santa Monica Earthquake Recovery Redevelopment Project? has been adopted and approved and all requirements of law for, and precedent to, the adoption and approval of said plan have been duly complied with; WHEREAS, the plan contemplates that the Agency will issue its bonds to finance a portion of the cost of such redevelopment; WHEREAS, in order to provide funds to finance a portion of the cost of such redevelopment, the Agency has authorized the issuance of Redevelopment Agency of the City of Santa Monica, Santa Monica Earthquake Recovery Redevelopment Project Tax Allocation Bonds (the ?Bonds?), in the aggregate principal amount of not to exceed $69,500,000; WHEREAS, pursuant to the Law, the City Council (the ?City Council?) of the City of Santa Monica (the ?City?) also must authorize and approve the issuance of the Bonds; WHEREAS, the Agency has issued, in favor of the City, a Promissory Note (Note #7), dated July 1, 1999, and a Promissory Note (Note #8), dated July 1, 1999 (collectively, the ?Promissory Notes?); WHEREAS, the City desires to make the indebtedness evidenced by the Promissory Notes subordinate to any pledge of tax increment to the bondholders of any tax allocation bonds that may be issued by the Agency, and to any other indebtedness incurred by the Agency, as reasonably necessary for the proper and orderly implementation of the redevelopment plan for the Santa Monica Earthquake Recovery Redevelopment Project; and DOCSLA1:316577.1 40233-5 GH1 07/6/07 DOCSLA1:316577.2 40233-5 GH1 07/6/07 DOCSLA1:322177.1 40233-4 GH1 07/6/07 DOCSLA1:322177.2 40233-4 GH1 07/6/07 DOCSLA1:322177.3 40233-4GH107/6/07 WHEREAS, all acts, conditions and things required by the laws of the State of California and the City Charter of the City to exist, to have happened and to have been performed precedent to and in connection with such authorization and approval do exist, have happened and have been performed in regular and due time, form and manner as required by law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA , as follows: Section 1. All of the recitals herein contained are true and correct and the City Council so finds. Section 2. The City Council hereby approves the issuance of the Bonds. Such approval is intended to satisfy the requirements of Section 33640 of the California Health and Safety Code. Section 3. The indebtedness evidenced by the Promissory Notes is and shall be subordinate to any pledge of tax increment to the bondholders of any tax allocation bonds that may be issued by the Agency, and to any other indebtedness incurred by the Agency, as reasonably necessary for the proper and orderly implementation of the redevelopment plan for the Santa Monica Earthquake Recovery Redevelopment Project. Section 4. The officers, employees and agents of the City are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable in order to consummate the issuance of the Bonds and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution. Section 5. All actions heretofore taken by the officers, employees and agents of the City with respect to the issuance of the Bonds are hereby approved, confirmed and ratified. Section 6. The City Clerk shall certify to the adoption of this Resolution and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: S/ Marsha Jones Moutrie, City Attorney DOCSLA1:322177.3 40233-4GH107/6/07 Adopted and approved this 26th of October, 1999 S/_____________________ Pam OConnor, Mayor = I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution 9452 (CCS) was duly adopted at a meeting of the Santa th Monica City Council held on the 26 of October, 1999, by the following vote: Ayes: Council members: Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor Pro Tem Genser, Mayor OConnor = Noes: Council members: None Abstain: Council members: None Absent: Council members: None ATTEST: S/_______________________ Maria M. Stewart DOCSLA1:322177.3 40233-4GH107/6/07