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Resolution 12978CITY OF ALAMEDA RESOLUTION NO. 12978 AUTHORIZING AMENDMENT TO THE LOAN INTEREST RATE OF THE COOPERATION AGREEMENT BETWEEN THE CITY AND THE COMMUNITY IMPROVEMENT COMMISSION WHEREAS, the City Council of the City of Alameda, acting pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.), has activated the Community Improvement Commission of the City of Alameda (the "Commission ") and has declared itself to constitute the Commission by Ordinance No. 2103, adopted on August 4, 1982; and WHEREAS, pursuant to the Community Redevelopment Law, the Commission is performing a public function of the City and may have access to services and facilities of the City; and WHEREAS, on June 19, 1991, the City and the Commission entered into an agreement in order to: (1) Set forth activities, services and facilities which the City will render for and make available to the Commission in furtherance of the activities and function of the Commission under the Community Redevelopment Law; and (2) Provide that the Commission will reimburse the City for actions undertaken and costs and expenses incurred by it, for and on behalf of the Commission; WHEREAS, the City and the Commission desire to amend the agreement in order to modify the applicable interest rate paid to the City for loans made or funds advanced to the Community Improvement Commission by the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The "Cooperation Agreement" between the City of Alameda and the Community Improvement Commission of the City of Alameda is amended in the form attached to this resolution and incorporated herein by reference and the Mayor and City Clerk are hereby directed and authorized to execute said amendment to the Cooperation Agreement on behalf of the City. C: \WP51 \DATA \RESO \CC.LOA AMENDMENT TO COOPERATION AGREEMENT This Amendment of the Agreement, entered into this day of , 1998, by and between the CITY OF ALAMEDA,("City") and the Community Improvement Commission ("CIC"), is made with reference to the following: RECITALS: A. On June 19, 1991, an agreement was entered into by and between City and the CIC(hereinafter "Agreement"), setting forth activities, services and facilities which the City will render for and make available to the CIC under Community Redevelopment Law, and for which the CIC will reimburse the City, and the terms and conditions of repayment of any funds advanced or loaned to the CIC by the City; 13. City and CIC desire to modify the Agreement regarding the rate of interest to be paid on any funds advanced or loans made by the City to the CIC, on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 5 of the Agreement is modified to read as follows: "It is understood by both the Commission and the City that such repayment shall be a debt of the Commission shall be repaid solely from tax increment funds generated within the Commission's redevelopment project areas. It is understood that in the event such tax increment revenues fail to yield enough revenue to repay this obligation, the Commission is under no obligation to the City to make such repayment from any other funds or resources it may acquire." 2. Paragraph 7 of the Agreement is modified to read as follows: "The obligations of the Commission under this Agreement shall constitute an indebtedness of the Commission within the meaning of Section 33670 et seq. of the Community Redevelopment. Effective July 1, 1998, the outstanding balance of amounts owed to the City pursuant to this agreement shall accrue interest until paid pursuant to the following schedule: Date Interest rate of accrual of interest on outstanding balance Prior to July 1, 1998 Twelve percent (12%) per annum. July 1, 1998 through June 30, 1999 Greater of: (a) one percent (1.0%) per annum greater than the interest rate the City earns on cash deposits; or (b) eleven percent (11.0%) per annum. y L, July 1, 2000 t n 30, 2000 e 30, 20001 July 1, 20O hraugti Jun c 30. 2002 y J2002t ugh June 3O 2003 Crrcater of: (a) nne percent 011% per annum greater than the interest rare the City cams on cash deposits; or (b) tan percent ( 1 oil%) per annum July 1, 2003 until paid in full (ranter of: (a) one percent (1.0%) Per annum reater than tho interest rate the City CUTI1S on cash deposits; or (h) nine percent (9.0%) per annum. if (4) ,,Inc percent (1.0%) per er than the interest rate the cash deposits; or (b) eight unrturn. tcr of (a) one percent (1.0%) per annum greater than the interest rate the City erns nn cash deposits; or (h) seven penenl, (7.0%) per annum. Greater of: (n) one pet-colt (1, %) per an greater than the interest rate the ns on entih deposits; or (h) six .0%) per annum." 3. Except as expressly modified itereirt. all °the Agreement shall remain the sumo sod shall be in full force a al e IN WITNESS WHEREOF, the parties hereto have ca sod this modification of Agreement to be executed on the day and year fast above written. d eovenatits set forth in the COMMUNITY IMPROVEMENT COMMISSION Attest: Secretary 2 CITY OF ALAMEDA By: C Attest: I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 7th day of April , 1998, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Kerr, Lucas and President Appezzato - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 8th day of April , 1998. Diane Felsch, C City of Alameda