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HomeMy WebLinkAboutMINUTES - 04261994 - 1.184 r �. Ig2_I + TO: BOARD OF SUPERVISORS Contra CostaFROM: _ Phil Batchelor, County Administrator r' s a'.,. County DATE: April 26, 1994 osrq�oiN �_ SUBJECT: SUBORDINATION OF REVENUES FOR CITY OF SAN RAMON SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Approve agreement subordinating revenues due to the County, Library, and Flood Control District for tax allocation bonds, pursuant to December 16, 1986 agreement with the San Ramon Redevelopment Agency. Authorize execution of Agreement by Board Chair. FINANCIAL IMPLICATIONS: It is expected that pass through of revenues will continue as originally agreed. The subordination agreement merely provides the Redevelopment Agency with added assurances for bond holders that agency debt will be replaced. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): On December 16, 1986, the County approved a redevelopment pass through agreement with the San Ramon Redevelopment Agency. Included in the agreement is a subordination clause which essentially allows the agency to put debt owed to the County lower in priority than debt owed to bond holders, as added assurance to bond holders that their investment will be returned. The County agreed to this provision based upon the commitment that the agency would have on hand adequate funds to pay back bond holders, thereby minimizing the real risk that subordination would be necessary. CONTINUED ON ATTACHMENT: -YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON April 26 , 1994 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED April 26 , 1994 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF Cc: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR Jim Kennedy, -Redevelopment City of Sant-RamQj. County Counsel BY ,DEPUTY 1 Page 2 The County approved a prior subordination agreement with the agency in May, 1990. This request would assist the Agency to refinance $8.5 million in existing bonds at a lower cost and increase the borrowing to a maximum of $17 million. The agency has provided documents to staff which demonstrate that adequate revenue commitment has been met. Therefore, it is appropriate to agree to the subordination as called for in the 1986 agreement. AGREEMENT AUTHORIZING THE SUBORDINATION OF REVENUES RELATED TO TAX ALLOCATION BONDS Effective April 26, 1994 NOW, THEREFORE, the parties agree as follows: 1. Contra Costa County (which includes the Library District) and Contra Costa County Flood Control and Water Conservation District, pursuant to Section 2 of the fiscal agreement, hereby subordinate their rights to receive tax increment revenue payments in order to allow the Agency to pledge such tax increment revenue to the proposed long term indebtedness to be incurred by the Agency. This agreement to subordinate relates to the following proposed indebtedness of the Agency, as more particularly set forth in the report submitted to the County: (a) The principal amount of the bonds to be sold shall not exceed $17,000,000. (b) The Agency shall issue the bonds by not later than December 31, 1994. 2. In accordance with Section 2 of the Agreement, in the event that payments to the County, Library and Flood control Districts are reduced below the amount otherwise payable to them pursuant to the Agreement as a result of such subordination, then such reduction shall be treated as an advance by the County, Library and Flood Control Districts and repaid by the Agency in accordance with the Agreement. 3. The Agency agrees to expend the proceeds of the bonded indebtedness in furtherance of its redevelopment plan for the Project Area. COUNTY: AGENCY: COUNTY OF CONTRA COSTA REDEVELOPMENT AGENCY OF CONTRA COSTA COUNTY THE CITY OF SAN RAMON LIBRARY-DISTRICT FLOOD CONTROL DISTRICT By 1- I a rVL-�j7 0,,,,1,�' Executive Dire r By Chair, Board of Supervisors ATTEST: PHIL BATCHELOR CLERK OF THE BOARD OF SUPERVISORS ND UNTY DMINISTRATOR By � eputy Clerk Approved as to Form: Victor J. Westman aunt Couns By- epU hUlesubordlrm ) : IN zIMMERMAN LAW CUFFIr_.ES 5106340781 P. 02 Law Offices of i.il SCOTT ESI1MERRMA . Attorneys at Law Post Office Box 1120 '. " II 612 Fir6t Street - Suite 'OA Brentwood, California' 94513-,1120 §cott K. Zimmerman Barbara E. Scremstad Telephone: (510) 634-3571 Maureen M. Bryan, Paralegal Facsimile: (510) 634-0781 i ry FACSIMILE AND V.S. MAIL (510) 646-1059 �( Monday, April 18, 1994 t �, Administrative Offices of the a i Contra Costa County Board of Supervisors County of Contra Costa 651 Pine Street, Room 106 Martinez, CA 94553 Attn. Anne :{ RE.- CASA DEL RIO, ANTIOCH - FAILURE OF TH3 CONTRA COUNTY HOUSING AUTHORITY TO PAY THE DEVELOPER'S FEE ?'OR THE PROJECT. I hear 'A.nne: At the direction of my client, Mr. Nino Frulmenti, I hereby request that the above matter be continued on th". Board of Supervisors calendar from tomorrow, April 19, 1994 to SuesdaY. April 26 1994 . Should there be any problem with this cont':,nuance, please contact me at the above numbers immediately. I thank ycu for your continued courtesy and cooperation in this ; I matter; should you have any questions, ple.'1se call. l ours, ff es`Of 'cott K. Zimmerman )rj ""M mn Enclosures cq: Client w\ nctosHousing AuthRichard Martinez Honorab -ism Powers FP1 County Counsel i. I i I