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CIC Resolution 97-67CITY OF ALAMEDA COMMUNITY IMPROVEMENT COMMISSION RESOLUTION NO. 9 7— 6 7 APPROVING AGREEMENT WITH THE ALAMEDA PUBLIC FINANCING AUTHORITY RELATING TO ADMINISTRATION OF IMPROVEMENT BONDS FOR MARINA VILLAGE ASSESSMENT DISTRICT NOS. 84-3 AND 89-1 RESOLVED, by the City of Alameda Community Improvement Commission (the "Commission"), as follows: WHEREAS, the City of Alameda (the "City") has heretofore issued three issues of its assessment bonds (collectively, the "Assessment Bonds") for Marina Village Assessment District Nos. 84-3 and 89-1 (collectively, the "Assessment District"), consisting of: (a) the City of Alameda Improvement Bonds, Marina Village Assessment District No. 84-3, Series 86-1 (Reassessment and Refunding for 1986); (b) the City of Alameda Improvement Bonds, Marina Village Assessment District No. 84-3, Series 86-2; and (c) the City of Alameda Limited Obligation Improvement Bonds, City of Alameda, Marina Village Assessment District 89-1, Series 89-1; and WHEREAS, pursuant to an Owner Participation Agreement dated as of December 19, 1984, by and among the City, th,e Commission, Alameda Marina Village Associates and Alameda Marina Center Associates, as amended (as so amended, the "Owner Participation Agreement"), the Commission is obligated to apply certain amounts of tax increment revenues derived by the Commission from•the portion of the Assessment District which is within the West End Community Improvement Project, to make reimbursements to owners of properties within the Assessment District for payment of assessments relating to the Assessment Bonds; and WHEREAS, the City has determined that it is in the best financial interests of the City and the Commission to refinance the Assessment Bonds at this time, and in order to refinance the Assessment Bonds on advantageous terms and conditions the Alameda Public Financing Authority (the "Authority") proposes to issue its revenue bonds in the maximum principal amount of $39,000,000 (the "Bonds") under Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the California Government Code (the "Bond Law"), and to use the proceeds thereof to acquire the Assessment Bonds; and WHEREAS, the Commission wishes at this time to authorize the execution and delivery of an agreement with the Authority with respect to the payment to the Commission of the net savings on the refunding of the Assessment Bonds, and the application of such savings by the Commission. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED, as follows: Section 1. Approval of Agreement With Authority. The Commission hereby authorizes and approves the Agreement Relating to Assessment Bond Refunding, dated as of April 1, 1997, by and between the Authority and the Commission (the "Agreement"). The Commission hereby approves the Agreement in substantially the form on file with the Secretary, together with any changes therein or additions thereto deemed advisable by the Treasurer, and the execution thereof by the Chairman, the Executive Director or the Treasurer shall be conclusive evidence of the approval of any such changes or additions. The Commission hereby authorizes and directs the Chairman, the Executive Director or the Treasurer to execute, and the Secretary to attest and affix the seal of the Commission to, said form of the Agreement for and in the name of the Commission. Section 2. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. * * * )F * * )F * 1 hereby certify that the foregoing Resolution was regularly introduced and adopted by the Alameda Community Improvement Commission at a regular meeting held on the 1st day of April, 1997, by the following vote: AYES: Commissioners Daysog, DeWitt, Kerr, Lucas and Chair Appezzato - 5. NOES: None. ABSTAIN: None. ABSENT; None. Secretary