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Resolution - 9288RESOLUTION NO. 9288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CONSENTING TO THE APPROVAL BY THE REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA OF THE AGREEMENT RE DEBT SERVICE SAVINGS AND SALES TAX GUARANTEE BY AND BETWEEN CENTERMARK PROPERTIES OF WEST COVINA, INC. AND THE REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA WHEREAS, the Redevelopment Agency of the City of West Covina (the "Agency") is engaged in activities necessary to carry out the Redevelopment Plan for the West Covina Redevelopment Project; and WHEREAS, in order to carry out and implement the Redevelopment Plan, the Agency entered into that certain Owner Participation Agreement (the "Original OPA") dated June 26, 1989 by and between the Agency and Sylvan S. Shulman Co./West Covina Associates ("Shulman"); and WHEREAS, the Original OPA was subsequently amended by (i) that certain First Amendment to Owner Participation Agreement (the "First Amendment") dated April 9, 1990 by and between the Agency and Shulman, (ii) that certain Second Amendment to Owner Participation Agreement (the "Second Amendment") dated May 27, 1992 by and between the Agency, on the one hand, and Shulman and Centermark Properties of West Covina, Inc. (the "Developer"), on the other hand, (iii) that certain Third Amendment to Owner Participation Agreement and Consent to Assignment (the "Third Amendment") dated November 17, I993 by and between the Agency and Developer (collectively, the "Existing OPA"); and WHEREAS, pursuant to Article IV of the Existing OPA, the Agency issued its $45,000,000 Redevelopment Agency of the City of West Covina Community Facilities District No. 1989-1 (Fashion Plaza) 1989 Special Tax Bonds (the 'Bonds"); and WHEREAS, the Agency is currently attempting to refund the Bonds; and WHEREAS, in the event that the Agency refunds the Bonds, it is anticipated that certain debt service savings will be realized (the "Debt Service Savings"); and WHEREAS, Agency and Developer now desire to further amend the Existing OPA by (i) confirming the existence and continued validity of that certain obligation relating to the generation of sales tax revenue arising from all businesses and activities conducted in the Eastland Center in the City of West Covina (the "Sales Tax Guarantee") and (ii) providing for the allocation of any Debt Service Savings realized upon refunding of the Bonds; and WHEREAS, in order to carry and implement and Redevelopment Plan and make the amendments to the Existing OPA as set forth above, the Agency proposes to enter into that PusL:35788_11376122740.0002 1 certain Agreement Re Debt Service Savings and Sales Tax Guarantee by and between the Agency and Developer (the "Agreement"); and WHEREAS, the City Council has duly considered all terms and conditions of the Agreement. . NOW, THEREFORE, be it resolved by the City Council of the City of West Covina as follows: Section 1. The City Council finds that it has received and heard all oral and written objections to the proposed Agreement and to any matters pertaining to this transaction and that all such oral and written objections are hereby overruled. Section 2. The City Council finds and determines that the redevelopment of the West Covina Redevelopment Project pursuant to the Agreement will assist in the elimination of blight. Section 3. The City Council consents to and approves the execution of the Agreement substantially in the form attached hereto as Exhibit 1 by the Agency. Section 4. The City Clerk shall place on file in the Office of the City Clerk a copy of the Agreement when executed by the Agency. Section 6. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of February , 1996. ATTEST: rua1,:35788_11376122740.0002 CITY OF WEST COVINA By: �Et I d .J T— Mayor 2 I HEREBY CERTIFY, that the foregoing Resolution No. 9288 was duly adopted by the City Council of the City of West Covina at a regular meeting thereof, held on the loth day of February 1996 by the following vote: Manners, McFadden, AYES: Council Members Touhey Wong; 'Herfert 40 NOES: Council Members None ABSENT: Council Members ABSTAIN: Council Members APPROVED AS TO FORM: CITY OF WEST COVINA (c,p), Ct l qk Cl/lra--, CityAAorney PUBL:35788_11376122740.0002 CITY OF WEST COVINA By: IAA j .2a City Clerk 3