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CIC Resolution 98-77COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA RESOLUTION NO. 98-77 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 COMMUNITY IMPROVEMENT COMMISSION 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 Chair and Secretary are hereby directed and authorized to execute said amendment to the Cooperation Agreement on behalf of the Commission. C:\WP51\DATA\RESO\CIC.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; B. 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 Prior to July 1, 1998 July 1, 1998 through June 30, 1999 Interest rate of accrual of interest on outstanding balance Twelve percent (12%) per annum. 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 1, 1099 t rcaigh June 30, 2000 Greater of: (a) one percent (1.0%) per annum greater than the interest rate the City earns n cash deposits; or (h) ten percent ( I °A%) per annum. Ady I , 2000 through June 30, 2001 July 1, 200] thtough ;line 30, 2002 ■-• July 1, 2002 through June 30, 2003 July I, 2003 until indebtedness paid in fun °rooter of (a) one percent (1,0%) per aiinuni pi-cater than the interest rate the City eurus on cash deposits; or (h) nine percent (9.0%) per annum. - - Greater tlf: (a) one percent (1.0%1 per annum greater than the interest rate the City earns on cash deposits; or (b) eight percent (8.0%) per aruturn. Greater of (a) one percent (1.0%) per annum greater than the interest rate the C'i ry earns AII cash deposits. or (h) seven percent (7.0%) per annum. Greater of: (a) coy percent (1.0%) per annum greater than the interest rate the City earns on cash deposits; or (h) six percent (.0%) per annum." Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the Sullab and Khali be in full fnrce and effect, IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed on the day and year first above Written, COMMUNITY IMPRCIVEMENT CITY OF ALAMEDA COMMISSION Executive Director By: City Manager Attest: Secretary 2 Attest: City Clerk Approved as In form: I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Community Improvement Commission of the City of Alameda in special meeting assembled on the 7th day of April , 1998, by the following vote to wit: AYES: Commissioners Daysog, DeWitt, Kerr, Lucas and Chair Appezzato - 5. NOES: None. ABSENT: None. ABSTENTIONS: None, IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said Commission this 8th day of April , 1998. Dian Felsch, Secretary Community Improvement Commission rr" Ralph A ppezz*t.45, Community Improvement Commission