HomeMy WebLinkAboutCDC/2004-51
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RESOLUTION NO. CDC 2004-51
RESOLUTION OF THE COMMUNITY ~JYELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN
EDUCATIONAL REVENUE AUGMENTATION FUND LOAN FROM
COMMUNITY LOW AND MODERATE INCOME HOUSING FUNDS AND
PROMISSORY NOTES FROM REDEVELOPMENT PROJECT AREAS,
AND AUTHORIZING EXECUTION THEREOF.
WHEREAS, the legislature of the State of California enacted urgency
legislation adding Health and Safety Code Sections 33681.9 and 33681.10 and
requiring the Agency to remit certain community redevelopment funds of the
Agency to the San Bernardino County Auditor for deposit into the Educational
Revenue Augmentation Fund created pursuant to the Revenue and Taxation Code
(the "ERAF");
WHEREAS, under Health and Safety Code Section 33681.9(a)(2) the
Director of Finance of the State of California has calculated the amount of money
that the Agency is required to remit to the San Bernardino County Auditor for
deposit into the ERAF on or before May 10, 2005;
WHEREAS, the Agency received a letter, dated November 8, 2004, from
the Department of Finance of the State of California stating that the Agency is
required to remit the total sum of One Million Eight Hundred Twenty-Eight
Thousand Twenty-Three Dollars ($1,828,023) (the "Agency FY 2004-05 ERAF
Obligation") to the County of San Bernardino Auditor for deposit into the ERAF;
WHEREAS, the Agency has found and determined that there are
insufficient funds of the Agency to meet the Agency FY 2004-05 ERAF
Obligation, without borrowing funds from the Low and Moderate Income Housing
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CDC 2004-51
Funds of the Agency for each of the redevelopment project areas of the Agency
(collectively, the "Low-Mod Funds");
WHEREAS, Health and Safety Code Section 33681.9(b)(I) authorizes the
Agency to borrow up to fifty percent (50%) of the Agency's FY 2004-05 Low-Mod
Fund allocation in order to make the State-mandated payment as required by
Chapter 260, Statutes of 2003; Health and Safety Code Section 33681.9;
WHEREAS, the Agency has further found and determined that although
borrowing funds from the Low-Mod Funds will not expand or preserve the
community's supply of affordable housing or otherwise promote the goal of
providing affordable housing in the community, the loan of Low-Mod Funds to pay
the Agency FY 2004-05 ERAF Obligation will not impair any executed existing
contracts of the Low-Mod Funds;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO,
AS FOLLOWS:
Section 1.
The Commission hereby approves the ERAF Loan Plan.
The purpose of this ERAF Loan Plan is to evidence an indebtedness of the Agency
in the original principal amount of One Million Eight Hundred Twenty-Eight
Thousand Twenty-Three Dollars ($1,828,023) as incurred by each of the
redevelopment project areas of the Agency to the Low-Mod Funds, as evidenced by
the eleven (11) promissory notes identified below. Such indebtedness is incurred
by the Agency to satisfy the State-mandated redevelopment indebtedness of the
Agency to transfer certain tax increment, or other available funds of the Agency, to
the County of San Bernardino Auditor for deposit into the ERAF for Fiscal Year
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CDC 2004-51
2004-05 pursuant to Chapter 260, Statutes of2003 (Health and Safety Code Section
33681.9).
Section 2.
The Agency hereby declares its intention to borrow the sum
of One Million Eight Hundred Twenty-Eight Thousand Twenty-Three Dollars
($1,828,023) from the Low-Mod Funds (the "ERAF Loan Plan Amount") to remit
to the County of San Bernardino Auditor for deposit into the ERAF as satisfaction
of the Agency's FY 2004-05 ERAF Obligation under Health and Safety Code
Section 33681.9 for fiscal year 2004-2005, as authorized by Health and Safety
Code Section 33681.9(b).
Section 3.
The ERAF Loan Plan Amount shall be allocated among the
Low-Mod Housing Funds of each redevelopment project area of the Agency as
follows:
State College Redevelopment Project $590,192
Central City North Redevelopment Project 118,384
Central City West Redevelopment Project 1,822
Southeast Industrial Park Redevelopment Project 363,265
Northwest Redevelopment Project 152,572
Tri City Redevelopment Project 148,093
Uptown Redevelopment Project 43,419
South Valle Redevelopment Project 76,067
Central City Redevelopment Projects (Merged Projects) 241,118
Mt Vemon Corridor Redevelopment Project
40th Street Redevelopment Project
Total ERAF Loan Plan Amount for FY 2004-05:
75,261
17,830
$1.828,023
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CDC 2004-51
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Section 4.
The ERAF Loan Plan Amount shall be evidenced by the
eleven (11) promissory notes attached to the ERAF Loan Plan as Exhibits "A"
through "K", inclusive. The Chairperson of the Community Development
Commission of the City of San Bernardino is hereby authorized and directed to
execute the ERAF loan Plan and each of the eleven (11) promissory notes, as
attached in the original principal amounts as set forth for each such redevelopment
8 project area in Section 3 of the ERAF Loan Plan. The date of each such
promissory note shall be May 10, 2005. The principal amount and interest under
each such promissory note shall be payable by each redevelopment project area in
accordance with the terms set forth in each promissory note.
Section 5.
Repayments of the ERAF Loan Plan Amount, plus interest
thereon, shall be made under each promissory note to the applicable Low-Mod
Fund by each redevelopment project area in each fiscal year commencing on May
10, 2006 and on each following May 10, thereafter to and including tenth (10th)
anniversary of each promissory note from "Excess Revenues", as this term is
defmed in the next sentence. "Excess Revenues" means those excess tax increment
revenues (as defined in the redevelopment plan for the applicable redevelopment
project area) available and paid to the Agency, if any, in an applicable fiscal year
between July 1,2005 and May 10,2015, after the Agency has made provision from
such fiscal year tax increment revenues to pay all of the following for each such
redevelopment project area: (i) all debt service on any outstanding bonds, notes,
loans, money advanced to, other contractual obligations or other forms of
indebtedness of the Agency as evidenced by each of the promissory notes for each
particular redevelopment project area; (ii) the administrative and operational costs
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CDC 2004-51
of the Agency incurred in the implementation of the redevelopment plan and the
undertaking of Agency redevelopment activities within the particular
redevelopment project area; and (iii) the amount to be deposited into the Low-Mod
Fund for the particular redevelopment project area for such then current fiscal year.
No other source of funds of the Agency is pledged or made available thereafter for
the repayment of any amount of the ERAF Loan Plan Amount when due under any
of the promissory notes.
Section 6. All sums applied towards repayment of the Low-Mod Fund
Loan Amount together with interest thereon, as evidenced by each of the
promissory notes, are an indebtedness of the redevelopment project area to which
such promissory note relates, payable from Excess Revenues and shall constitute an
indebtedness of the Agency with respect to each of the applicable redevelopment
projects, until paid in full, pursuant to Health and Safety Code Section 33681.9.
Section 7. The Executive Director of the Agency is hereby authorized
and directed to cause the sum of One Million Eight Hundred Twenty-Eight
Thousand Twenty-Three Dollars ($1,828,023) to be transferred from the Low-Mod
Funds of the Agency in the amounts specified in Section 3 of this ERAF Loan Plan
to the San Bernardino County Auditor for deposit to the ERAF on or before May
10, 2005.
Section 8.
The Executive Director of the Agency is further authorized
and directed to identify the indebtedness as hereby created, in the Statements of
Indebtedness for each of the redevelopment project areas of the Agency in the
original principal amounts as set forth in Section 3.
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CDC 2004-51
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This Resolution shall take effect upon the date of its
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CDC 2004-51
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN
EDUCATIONAL REVENUE AUGMENTATION FUND LOAN FROM
COMMUNITY LOW AND MODERATE INCOME HOUSING FUNDS AND
PROMISSORY NOTES FROM REDEVELOPMENT PROJECT AREAS,
AND AUTHORIZING EXECUTION THEREOF.
I HEREBY CERTIFY that the forgoing Resolution was duly adopted by
the Community Development Commission of the City of San Bernardino at a
joint regular meeting thereof, held on the 20th day of December
, 2004, by
the following vote, to wit:
Commission Members Ayes Nays Abstain Absent
ESTRADA X
-
LONGVILLE x
MCGINNIS X
DERRY X
KELLEY X
JOHNSON X
~/
/~/ij;;-;-
, S~~ary
The foregoing Resolution is hereby approved this.2:2:-~y of December, 2004.
MCCAMMACK
X
Approved as to form and legal content:
BY:~
Agency Counsel
&L
~ ;) /} n
. (. /
. {/tv<-/[~
. . -I .
Rikk~ Van Jolinson, Chairperson
Pro Tem - Community Development
Commission of the City of San
Bernardino
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CDC 2004-51
IN WITNESS WHEREOF, the Agency executes this ERAF Loan Plan, as
follows:
AGENCY
Redevelopment Agency of the City of San
Bernardino
By:
/JJo ll~
RikkiZ. Van Jol'inson - Chairperson
Pro Tern of the Community Development
Commission, its governing board
(SEAL)
/1
ATT;J;;/ / /
/llt~ /~ It /4
Ageh'Cy ~retary
I
APPROVED AS TO FORM:
~~
Agency Spec! Counsel
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CDC 2004-51
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
EDUCATIONAL REVENUE AUGMENTATION FUND LOAN FROM
COMMUNITY LOW AND MODERATE INCOME HOUSING FUNDS
(Fiscal Year 2004-2005)
THIS EDUCATIONAL REVENUE AUGMENTATION FUND LOAN FROM
COMMUNITY LOW AND MODERATE INCOME HOUSING FUNDS ("ERAF Loan Plan")
is dated as of December 20, 2004 and evidences the obligation of the Agency to repay funds
borrowed by the Agency from the Low and Moderate Income Housing Funds of the Agency to
pay a portion of the Agency's fiscal year 2004-2005 deposit into the County of San Bernardino
Educational Revenue Augmentation Fund, as mandated by Health and Safety Code Section
33681.9, Chapter 610, Statutes of 2004. This ERAF Loan Plan has been approved by the
Agency in view offacts set forth in the following recital paragraphs:
RECITALS
WHEREAS, the legislature of the State of California enacted urgency legislation adding
Heahh and Safety Code Sections 33681.9 and 33681.10 and requiring the Agency to remit
certain community redevelopment funds of the Agency to the San Bernardino County Auditor
for deposit into the Educational Revenue Augmentation Fund created pursuant to Revenue and
Taxation Code (the "ERAF");
WHEREAS, under Health and Safety Code Section 33681.9(a) the Director of Finance of
the State of California has calculated the amount of money that the Agency is required to remit
to the San Bernardino County Auditor for deposit into the ERAF on or before May 10,2005;
WHEREAS, the Agency received a letter, dated November 8, 2004, from the Department
of Finance of the State of California stating that the Agency is required to remit the total sum of
One Million Eight Hundred Twenty-Eight Thousand Twenty-Three Dollars ($1,828,023) (the
"Agency FY 2004-05 ERAF Obligation") to the County of San Bernardino Auditor for deposit
into the ERAF;
WHEREAS, the Agency has found and determined that there are insufficient funds of the
Agency to meet the Agency FY 2004-05 ERAF Obligation, without borrowing funds from the
Low and Moderate Income Housing Funds of the Agency for each of the redevelopment project
areas of the Agency (collectively, the "Low-Mod Funds");
WHEREAS, Health and Safety Code Section 33681.9(b) authorizes the Agency to
borrow up to fifty percent (50%) of the Agency's FY 2004-05 set-aside obligation from the Low-
Mod Funds in order to make the State-mandated payment as required by Chapter 610, Statutes of
2004; Health and Safety Code Section 33681.9;
WHEREAS, the Agency has further found and determined that although borrowing funds
from the Low-Mod Funds will not expand or preserve the community's supply of affordable
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CDC 2004-51
housing or otherwise promote the goal of providing affordable housing in the community, the
loan of Low-Mod Funds to pay a portion of the Agency FY 2004-05 ERAF Obligation will not
impair any executed existing contracts of the Low-Mod Funds;
NOW, THEREFORE, THE AGENCY HEREBY APPROVES THE ERAF LOAN
PLAN FOR FUNDS BORROWED FROM THE AGENCY'S LOW AND MODERATE
INCOME HOUSING FUNDS AS SET FORTH HEREIN AND DIRECTS THE EXECUTIVE
DIRECTOR OF THE AGENCY TO REMIT TO THE AUDITOR OF THE COUNTY OF SAN
BERNARDINO THE SUM OF $1,828,023 FROM THE AGENCY'S LOW-MOD FUNDS FOR
DEPOSIT INTO THE EDUCATIONAL REVENUE AUGMENTATION FUND FOR FISCAL
YEAR 2004-2005:
Section 1. The purpose of this ERAF Loan Plan is to evidence an indebtedness of the
Agency in the original principal amount of One Million Eight Hundred Twenty-Eight Thousand
Twenty-Three Dollars ($1,828,023) as incurred by each of the redevelopment project areas of the
Agency to the Low-Mod Funds, as evidenced by the eleven (11) promissory notes identified
below. Such indebtedness is incurred by the Agency to satisfy the State-mandated
redevelopment indebtedness of the Agency to transfer certain tax increment, or other available
funds of the Agency, to the County of San Bernardino Auditor for deposit into the ERAF for
Fiscal Year 2004-05 pursuant to Chapter 610, Statutes of 2004 (Health and Safety Code Section
33681.9).
Section 2. The Agency hereby declares its intention to borrow the sum of One
Million Eight Hundred Twenty-Eight Thousand Twenty-Three Dollars ($1,828,023) from the
Low-Mod Funds (the "ERAF Loan Plan Amount") to remit to the County of San Bernardino
Auditor for deposit into the ERAF in satisfaction of the Agency FY 2004-05 ERAF Obligation
under Health and Safety Code Section 33681.9 for fiscal year 2004-2005, as authorized by
Health and Safety Code Section 33681.9(b).
Section 3. The ERAF Loan Plan Amount shall be allocated among the Low-Mod
Housing Funds of each redevelopment project area of the Agency as follows:
State College Redevelopment Project $590,192
Central City North Redevelopment Project 118,384
Central City West Redevelopment Project 1,822
Southeast Industrial Park Redevelopment Project 363,265
Northwest Redevelopment Project 152,572
Tri City Redevelopment Project 148,093
Uptown Redevelopment Project 43,419
South Valle Redevelopment Project 76,067
Central City Redevelopment Projects (Merged Projects) 241,118
Mt Vernon Corridor Redevelopment Project 75,261
40th Street Redevelopment Project 17.830
Total ERAF Loan Plan Amount for FY 2004-05: $1.828.023
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CDC 2004-51
Section 4. The ERAF Loan Plan Amount shall be evidenced by the eleven (11)
promissory notes attached to this ERAF Loan Plan as Exhibits "A" through "K", inclusive. The
Chairperson of the Community Development Commission of the City of San Bernardino is
hereby authorized and directed to execute each of the eleven (11) promissory notes, as attached
in the original principal amounts as set forth for each such redevelopment project area in Section
3 of this ERAF Loan Plan. The date of each such promissory note shall be May 10, 2005. The
principal amount and interest under each such promissory note shall be payable by each
redevelopment project area in accordance with the terms set forth in each promissory note.
Section 5. Repayments of the ERAF Loan Plan Amount, plus interest thereon, shall
be made under each promissory note to the applicable Low-Mod Fund by each redevelopment
project area in each fiscal year commencing on May 10, 2006 and on each following May 10,
thereafter to and including tenth (10th) anniversary of each promissory note from "Excess
Revenues", as this term is defmed in the next sentence. "Excess Revenues" means those excess
tax increment revenues (as defmed in the redevelopment plan for the applicable redevelopment
project area) available and paid to the Agency, if any, in an applicable fiscal year between July 1,
2005 and May 10, 2015, after the Agency has made provision from such fiscal year tax
increment revenues to pay all of the following for each such redevelopment project area: (i) all
debt service on any outstanding bonds, notes, loans, money advanced to, other contractual
obligations or other forms of indebtedness of the Agency as evidenced by each of the promissory
notes for each particular redevelopment project area; (ii) the administrative and operational costs
of the Agency incurred in the implementation of the redevelopment plan and the undertaking of
Agency redevelopment activities within the particular redevelopment project area; and (iii) the
amount to be deposited into the Low-Mod Fund for the particular redevelopment project area for
such then current fiscal year. No other source of funds of the Agency is pledged or made
available thereafter for the repayment of any amount of the ERAF Loan Plan Amount when due
under any of the promissory notes.
Section 6. All sums applied towards repayment of the Low-Mod Fund Loan Amount
together with interest thereon, as evidenced by each of the promissory notes, are an indebtedness
of the redevelopment project area to which such promissory note relates, payable from Excess
Revenues and shall constitute an indebtedness of the Agency with respect to each of the
applicable redevelopment projects, until paid in full, pursuant to Health and Safety Code Section
33681.9.
Section 7. The Executive Director of the Agency is hereby authorized and directed to
cause the sum of One Million Eight Hundred Twenty-Eight Thousand Twenty-Three Dollars
($1,828,023) to be transferred from the Low-Mod Funds of the Agency in the amounts specified
in Section 3 of this ERAF Loan Plan to the San Bernardino County Auditor for deposit to the
ERAF on or before May 10, 2005.
Section 8. The Executive Director of the Agency is further authorized and directed to
identify the indebtedness as hereby created, in the Statements of Indebtedness for each of the
redevelopment project areas of the Agency in the original principal amounts as set forth in
Section 3.
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CDC 2004-51
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGENCY
PROMISSORY NOTE
(Agency FY 2004-05 ERAF Obligation)
THIS PROMISSORY NOTE IS A SPECIAL LIMITED
OBLIGATION OF THE AGENCY PAYABLE SOLELY FROM
THE SOURCE OF AGENCY FUNDS DESCRIBED HEREIN
AND NEITHER THE FAITH NOR CREDIT NOR TAXING
POWER OF ANY OTHER LOCAL AGENCY, INCLUDING
THE CITY OF SAN BERNARDINO, IS PLEDGED
HEREUNDER
Initial Principal Amount
$590,192
Date of this Note: May 10, 2005
Variable Rate ofInterest:
LAIF Rate ofInterest on Funds Invested for One (1) Year
on Date of Note, and Thereafter Such Interest Rate In
Effect on Each Succeeding May 10 During Term of this
Note
THIS AGENCY PROMISSORY NOTE is dated May 10, 2005 (the ''Note'') and
evidences an indebtedness of the Redevelopment Agency of the City of San Bernardino (the
"Agency") to the Low- and Moderate-Income Housing Fund of the State College Redevelopment
Project (the "Low-Mod Housing Fund"). For value received, the Agency hereby promises to pay
to the order of the Low-Mod Housing Fund at such address as the Agency shall designate, the
principal amount of the Note at the times specified herein, together with interest thereon in
accordance with the terms hereof. The Note is hereby tendered in accordance with Section 4 of
that certain Educational Revenue Augmentation Fund Loan From Community Low and
Moderate Income Housing Funds, dated as of December 20, 2004 (the "ERAF Loan Plan"), as
approved by Agency Resolution No. R- _, dated December 20,2004 with respect to the facts
set forth in such ERAF Loan Plan:
THE AGENCY HEREBY AGREES TO PAY THIS NOTE IN ACCORDANCE
WITH THE FOLLOWING TERMS:
SECTION 1. The Note is tendered by the Agency to the Low-Mod Housing
Fund as evidence of the indebtedness of the Agency to the Low-Mod Housing Fund incurred in
connection with an advance (the "Advance") made by the Low-Mod Housing Fund to the
Agency under the ERAF Loan Plan. The terms and provisions of the ERAF Loan Plan are
hereby incorporated into this Note by this reference. Capitalized terms used herein and not
otherwise defmed shall have the meaning assigned to them in the ERAF Loan Plan.
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CDC 2004-51
SECTION 2. Interest on the outstanding principal balance of this Note, together
with any accrued and unpaid interest thereon, shall accrue from its date, at a variable rate of
interest until paid in full. The variable rate of interest shall be initially established at a rate per
annum equal to the rate of interest offered by the Local Agency Investment Fund of the State
Treasurer of California on local agency funds invested for one (1) year (the "LAIF Rate of
Interest") in effect on the date of this Note, and thereafter such interest rate shall be adjusted on
each May 1 0, commencing on May 1 0, 2005 to be equal to the LAIF Rate of Interest on each
such interest rate adjustment date (e.g.: May 10) for so long as any sum is payable under this
Note.
SECTION 3. Payments of principal and interest under the Note shall be made by
the Agency to the Low-Mod Housing Fund on each May 10, commencing on May 10, 2006,
solely from "Excess Revenues", if any, as this term is defmed in the ERAF Loan Plan, of the
Agency from the State College Redevelopment Project, or other legally available funds of the
Agency. It is anticipated that the Advance will be repaid to the Low-Mod Housing Fund by the
Agency on or before May 10, 2015.
SECTION 4. The Agency hereby pledges to make payments hereunder from
Excess Revenues of the Agency. The pledge of the Agency under this Section 4 of the Note
shall at all times be subordinate to any and all other outstanding, or as hereafter may be
outstanding, bonds, notes or other forms of indebtedness of the Agency payable by the Agency
in whole or in part from tax increment revenue or other legally available funds of the Agency
and shall not constitute a prior lien on such revenues or other legally available funds of the
Agency. The Agency hereby acknowledges and agrees that the Note shall be considered as an
indebtedness of the Agency as the same is intended for purposes of the filing of a statement of
indebtedness with the County of San Bernardino pursuant to Health and Safety Code Section
33675. This Note is a special and limited obligation of the Agency and the sole source of funds
as pledged for the repayment thereof is as provided in Section 3 and in this Section 4. Neither
the taxing power of the Agency or any other agency is pledged to repay the principal or accrued
interest hereunder.
SECTION 5. This Note shall mature as of May 10,2015, unless prepaid in full
before such date. The outstanding principal balance of this Note, together with all accrued and
unpaid interest thereon, shall be immediately due and payable upon the Maturity Date May 10,
2015, and the Agency shall tender to the Low-Mod Housing Fund such amount on or before May
10,2015.
SECTION 6. The Agency may prepay the principal amount of the Note and
accrued interest thereon, at any time without penalty upon thirty (30) days prior written notice to
the Agency.
SECTION 7. The Low-Mod Housing Fund shall have no power to transfer or
assign its right to receive the payment of principal and payments of accrued interest under the
Note unless the Agency has first granted written approval to the Low-Mod Housing Fund for
such a proposed assignment in its sole and absolute discretion.
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CDC 2004-51
Executed this ~9J1 day of f)~~ ,JvOLf at San Bernardino,
By:
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGENCY
PROMISSORY NOTE
(Agency FY 2004-05 ERAF Obligation)
THIS PROMISSORY NOTE IS A SPECIAL LIMITED
OBLIGATION OF THE AGENCY PAYABLE SOLELY FROM
THE SOURCE OF AGENCY FUNDS DESCRIBED HEREIN
AND NEITHER THE FAITH NOR CREDIT NOR TAXING
POWER OF ANY OTHER LOCAL AGENCY, INCLUDING
THE CITY OF SAN BERNARDINO, IS PLEDGED
HEREUNDER
Initial Principal Amount
$118,384
Date of this Note: May 10,2005
Variable Rate ofInterest:
LAIF Rate ofInterest on Funds Invested for One (1 ) Year
on Date of Note, and Thereafter Such Interest Rate In
Effect on Each Succeeding May 10 During Term of this
Note
THIS AGENCY PROMISSORY NOTE is dated May 10, 2005 (the "Note") and
evidences an indebtedness of the Redevelopment Agency of the City of San Bernardino (the
"Agency") to the Low- and Moderate-Income Housing Fund of the Central City North
Redevelopment Project (the "Low-Mod Housing Fund"). For value received, the Agency hereby
promises to pay to the order of the Low-Mod Housing Fund at such address as the Agency shall
designate, the principal amount of the Note at the times specified herein, together with interest
thereon in accordance with the terms hereof. The Note is hereby tendered in accordance with
Section 4 of that certain Educational Revenue Augmentation Fund Loan From Community Low
and Moderate Income Housing Funds, dated as of December 20,2004 (the "ERAF Loan Plan"),
as approved by Agency Resolution No. R- _, dated December 20, 2004 with respect to the facts
set forth in such ERAF Loan Plan:
THE AGENCY HEREBY AGREES TO PAY THIS NOTE IN ACCORDANCE
WITH THE FOLLOWING TERMS:
SECTION 1. The Note is tendered by the Agency to the Low-Mod Housing
Fund as evidence of the indebtedness of the Agency to the Low-Mod Housing Fund incurred in
connection with an advance (the "Advance") made by the Low-Mod Housing Fund to the
Agency under the ERAF Loan Plan. The terms and provisions of the ERAF Loan Plan are
hereby incorporated into this Note by this reference. Capitalized terms used herein and not
otherwise defmed shall have the meaning assigned to them in the ERAF Loan Plan.
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SECTION 2. Interest on the outstanding principal balance ofthis Note, together
with any accrued and unpaid interest thereon, shall accrue from its date, at a variable rate of
interest until paid in full. The variable rate of interest shall be initially established at a rate per
annum equal to the rate of interest offered by the Local Agency Investment Fund of the State
Treasurer of California on local agency funds invested for one (1) year (the "LAlF Rate of
Interest") in effect on the date of this Note, and thereafter such interest rate shall be adjusted on
each May 1 0, commencing on May 1 0, 2005 to be equal to the LAlF Rate of Interest on each
such interest rate adjustment date (e.g.: May 10) for so long as any sum is payable under this
Note.
SECTION 3. Payments of principal and interest under the Note shall be made by
the Agency to the Low-Mod Housing Fund on each May 10, commencing on May 10, 2006,
solely from "Excess Revenues", if any, as this term is defmed in the ERAF Loan Plan, of the
Agency from the Central City North Redevelopment Project, or other legally available funds of
the Agency. It is anticipated that the Advance will be repaid to the Low-Mod Housing Fund by
the Agency on or before May 10,2015.
SECTION 4. The Agency hereby pledges to make payments hereunder from
Excess Revenues of the Agency. The pledge of the Agency under this Section 4 of the Note
shall at all times be subordinate to any and all other outstanding, or as hereafter may be
outstanding, bonds, notes or other forms of indebtedness of the Agency payable by the Agency
in whole or in part from tax increment revenue or other legally available funds of the Agency
and shall not constitute a prior lien on such revenues or other legally available funds of the
Agency. The Agency hereby acknowledges and agrees that the Note shall be considered as an
indebtedness of the Agency as the same is intended for purposes of the filing of a statement of
indebtedness with the County of San Bernardino pursuant to Health and Safety Code Section
33675. This Note is a special and limited obligation of the Agency and the sole source of funds
as pledged for the repayment thereof is as provided in Section 3 and in this Section 4. Neither
the taxing power of the Agency or any other agency is pledged to repay the principal or accrued
interest hereunder.
SECTION 5. This Note shall mature as of May 10,2015, unless prepaid in full
before such date. The outstanding principal balance of this Note, together with all accrued and
unpaid interest thereon, shall be immediately due and payable upon the Maturity Date May 10,
2015, and the Agency shall tender to the Low-Mod Housing Fund such amount on or before May
10,2015.
SECTION 6. The Agency may prepay the principal amount of the Note and
accrued interest thereon, at any time without penalty upon thirty (30) days prior written notice to
the Agency.
SECTION 7. The Low-Mod Housing Fund shall have no power to transfer or
assign its right to receive the payment of principal and payments of accrued interest under the
Note unless the Agency has fIrst granted written approval to the Low-Mod Housing Fund for
such a proposed assignment in its sole and absolute discretion.
2
California.
4.
Executed this 2Lday of [fJ~ , gooLj at San Bernardino,
By:
3
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGENCY
PROMISSORY NOTE
(Agency FY 2004-05 ERAF Obligation)
THIS PROMISSORY NOTE IS A SPECIAL LIMITED
OBLIGATION OF THE AGENCY PAYABLE SOLELY FROM
THE SOURCE OF AGENCY FUNDS DESCRIBED HEREIN
AND NEITHER THE FAITH NOR CREDIT NOR TAXING
POWER OF ANY OTHER LOCAL AGENCY, INCLUDING
THE CITY OF SAN BERNARDINO, IS PLEDGED
HEREUNDER
Initial Principal Amount
$1,822
Date of this Note: May 10, 2005
Variable Rate ofInterest:
LAIF Rate ofInterest on Funds Invested for One (1) Year
on Date of Note, and Thereafter Such Interest Rate In
Effect on Each Succeeding May 10 During Term of this
Note
THIS AGENCY PROMISSORY NOTE is dated May 10,2005 (the ''Note'') and
evidences an indebtedness of the Redevelopment Agency of the City of San Bernardino (the
"Agency") to the Low- and Moderate-Income Housing Fund of the Central City West
Redevelopment Project (the "Low-Mod Housing Fund"). For value received, the Agency hereby
promises to pay to the order of the Low-Mod Housing Fund at such address as the Agency shall
designate, the principal amount of the Note at the times specified herein, together with interest
thereon in accordance with the terms hereof. The Note is hereby tendered in accordance with
Section 4 of that certain Educational Revenue Augmentation Fund Loan From Community Low
and Moderate Income Housing Funds, dated as of December 20,2004 (the "ERAF Loan Plan"),
as approved by Agency Resolution No. R- _, dated December 20, 2004 with respect to the facts
set forth in such ERAF Loan Plan:
THE AGENCY HEREBY AGREES TO PAY THIS NOTE IN ACCORDANCE
WITH THE FOLLOWING TERMS:
SECTION 1. The Note is tendered by the Agency to the Low-Mod Housing
Fund as evidence of the indebtedness of the Agency to the Low-Mod Housing Fund incurred in
connection with an advance (the "Advance") made by the Low-Mod Housing Fund to the
Agency under the ERAF Loan Plan. The terms and provisions of the ERAF Loan Plan are
hereby incorporated into this Note by this reference. Capitalized terms used herein and not
otherwise defmed shall have the meaning assigned to them in the ERAF Loan Plan.
1
SECTION 2. Interest on the outstanding principal balance of this Note, together
with any accrued and unpaid interest thereon, shall accrue from its date, at a variable rate of
interest until paid in full. The variable rate of interest shall be initially established at a rate per
annum equal to the rate of interest offered by the Local Agency Investment Fund of the State
Treasurer of California on local agency funds invested for one (1) year (the "LAlF Rate of
Interest") in effect on the date of this Note, and thereafter such interest rate shall be adjusted on
each May 1 0, commencing on May 1 0, 2005 to be equal to the LAlF Rate of Interest on each
such interest rate adjustment date (e.g.: May 10) for so long as any sum is payable under this
Note.
SECTION 3. Payments of principal and interest under the Note shall be made by
the Agency to the Low-Mod Housing Fund on each May 10, commencing on May 10, 2006,
solely from "Excess Revenues", if any, as this term is defined in the ERAF Loan Plan, of the
Agency from the Central City West Redevelopment Project, or other legally available funds of
the Agency. It is anticipated that the Advance will be repaid to the Low-Mod Housing Fund by
the Agency on or before May 10,2015.
SECTION 4. The Agency hereby pledges to make payments hereunder from
Excess Revenues of the Agency. The pledge of the Agency under this Section 4 of the Note
shall at all times be subordinate to any and all other outstanding, or as hereafter may be
outstanding, bonds, notes or other forms of indebtedness of the Agency payable by the Agency
in whole or in part from tax increment revenue or other legally available funds of the Agency
and shall not constitute a prior lien on such revenues or other legally available funds of the
Agency. The Agency hereby acknowledges and agrees that the Note shall be considered as an
indebtedness of the Agency as the same is intended for purposes of the filing of a statement of
indebtedness with the County of San Bernardino pursuant to Health and Safety Code Section
33675. This Note is a special and limited obligation of the Agency and the sole source of funds
as pledged for the repayment thereof is as provided in Section 3 and in this Section 4. Neither
the taxing power of the Agency or any other agency is pledged to repay the principal or accrued
interest hereunder.
SECTION 5. This Note shall mature as of May 10, 2015, unless prepaid in full
before such date. The outstanding principal balance of this Note, together with all accrued and
unpaid interest thereon, shall be immediately due and payable upon the Maturity Date May 10,
2015, and the Agency shall tender to the Low-Mod Housing Fund such amount on or before May
10,2015.
SECTION 6. The Agency may prepay the principal amount of the Note and
accrued interest thereon, at any time without penalty upon thirty (30) days prior written notice to
the Agency.
SECTION 7. The Low-Mod Housing Fund shall have no power to transfer or
assign its right to receive the payment of principal and payments of accrued interest under the
Note unless the Agency has first granted written approval to the Low-Mod Housing Fund for
such a proposed assignment in its sole and absolute discretion.
2
California.
Executed this )gll. day of f)~A..ljz-/ , (~Q'f at San Bernardino,
By:
3
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGENCY
PROMISSORY NOTE
(Agency FY 2004-05 ERAF Obligation)
TillS PROMISSORY NOTE IS A SPECIAL LIMITED
OBLIGATION OF THE AGENCY PAYABLE SOLEL Y FROM
THE SOURCE OF AGENCY FUNDS DESCRIBED HEREIN
AND NEITHER THE FAITH NOR CREDIT NOR TAXING
POWER OF ANY OTHER LOCAL AGENCY, INCLUDING
THE CITY OF SAN BERNARDINO, IS PLEDGED
HEREUNDER
Initial Principal Amount
$363,265
Date of this Note: May 10,2005
Variable Rate ofInterest:
LAIF Rate ofInterest on Funds Invested for One (1) Year
on Date of Note, and Thereafter Such Interest Rate In
Effect on Each Succeeding May 10 During Term of this
Note
TillS AGENCY PROMISSORY NOTE is dated May 10, 2005 (the ''Note'') and
evidences an indebtedness of the Redevelopment Agency of the City of San Bernardino (the
"Agency") to the Low- and Moderate-Income Housing Fund of the Southeast Industrial Park
Redevelopment Project (the "Low-Mod Housing Fund"). For value received, the Agency hereby
promises to pay to the order of the Low-Mod Housing Fund at such address as the Agency shall
designate, the principal amount of the Note at the times specified herein, together with interest
thereon in accordance with the terms hereof. The Note is hereby tendered in accordance with
Section 4 of that certain Educational Revenue Augmentation Fund Loan From Community Low
and Moderate Income Housing Funds, dated as of December 20,2004 (the "ERAF Loan Plan"),
as approved by Agency Resolution No. R- _, dated December 20, 2004 with respect to the facts
set forth in such ERAF Loan Plan:
THE AGENCY HEREBY AGREES TO PAY TillS NOTE IN ACCORDANCE
WITH THE FOLLOWING TERMS:
SECTION 1. The Note is tendered by the Agency to the Low-Mod Housing
Fund as evidence of the indebtedness of the Agency to the Low-Mod Housing Fund incurred in
connection with an advance (the "Advance") made by the Low-Mod Housing Fund to the
Agency under the ERAF Loan Plan. The terms and provisions of the ERAF Loan Plan are
hereby incorporated into this Note by this reference. Capitalized terms used herein and not
otherwise defmed shall have the meaning assigned to them in the ERAF Loan Plan.
1
SECTION 2. Interest on the outstanding principal balance of this Note, together
with any accrued and unpaid interest thereon, shall accrue from its date, at a variable rate of
interest until paid in full. The variable rate of interest shall be initially established at a rate per
annum equal to the rate of interest offered by the Local Agency Investment Fund of the State
Treasurer of California on local agency funds invested for one (1) year (the "LAIF Rate of
Interest") in effect on the date of this Note, and thereafter such interest rate shall be adjusted on
each May 1 0, commencing on May 1 0, 2005 to be equal to the LAIF Rate of Interest on each
such interest rate adjustment date (e.g.: May 10) for so long as any sum is payable under this
Note.
SECTION 3. Payments of principal and interest under the Note shall be made by
the Agency to the Low-Mod Housing Fund on each May 10, commencing on May 10, 2006,
solely from "Excess Revenues", if any, as this term is defined in the ERAF Loan Plan, of the
Agency from the Southeast Industrial Park Redevelopment Project, or other legally available
funds of the Agency. It is anticipated that the Advance will be repaid to the Low-Mod Housing
Fund by the Agency on or before May 10, 2015.
SECTION 4. The Agency hereby pledges to make payments hereunder from
Excess Revenues of the Agency. The pledge of the Agency under this Section 4 of the Note
shall at all times be subordinate to any and all other outstanding, or as hereafter may be
outstanding, bonds, notes or other forms of indebtedness of the Agency payable by the Agency
in whole or in part from tax increment revenue or other legally available funds of the Agency
and shall not constitute a prior lien on such revenues or other legally available funds of the
Agency. The Agency hereby acknowledges and agrees that the Note shall be considered as an
indebtedness of the Agency as the same is intended for purposes of the filing of a statement of
indebtedness with the County of San Bernardino pursuant to Health and Safety Code Section
33675. This Note is a special and limited obligation of the Agency and the sole source of funds
as pledged for the repayment thereof is as provided in Section 3 and in this Section 4. Neither
the taxing power of the Agency or any other agency is pledged to repay the principal or accrued
interest hereunder.
SECTION 5. This Note shall mature as of May 10,2015, unless prepaid in full
before such date. The outstanding principal balance of this Note, together with all accrued and
unpaid interest thereon, shall be immediately due and payable upon the Maturity Date May 10,
2015, and the Agency shall tender to the Low-Mod Housing Fund such amount on or before May
10,2015.
SECTION 6. The Agency may prepay the principal amount of the Note and
accrued interest thereon, at any time without penalty upon thirty (30) days prior written notice to
the Agency.
SECTION 7. The Low-Mod Housing Fund shall have no power to transfer or
assign its right to receive the payment of principal and payments of accrued interest under the
Note unless the Agency has first granted written approval to the Low-Mod Housing Fund for
such a proposed assignment in its sole and absolute discretion.
2
California.
Executed this ~~ flday of [;..~AVL/ , ,:}vOt! at San Bernardino,
By:
3
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGENCY
PROMISSORY NOTE
(Agency FY 2004-05 ERAF Obligation)
THIS PROMISSORY NOTE IS A SPECIAL LIMITED
OBLIGATION OF THE AGENCY PAYABLE SOLELY FROM
THE SOURCE OF AGENCY FUNDS DESCRIBED HEREIN
AND NEITHER THE FAITH NOR CREDIT NOR TAXING
POWER OF ANY OTHER LOCAL AGENCY, INCLUDING
THE CITY OF SAN BERNARDINO, IS PLEDGED
HEREUNDER
Initial Principal Amount
$152,572
Date of this Note: May 10, 2005
Variable Rate ofInterest:
LAIF Rate of Interest on Funds Invested for One (1) Year
on Date of Note, and Thereafter Such Interest Rate In
Effect on Each Succeeding May 10 During Term of this
Note
THIS AGENCY PROMISSORY NOTE is dated May 10, 2005 (the ''Note'') and
evidences an indebtedness of the Redevelopment Agency of the City of San Bernardino (the
"Agency") to the Low- and Moderate-Income Housing Fund of the Northwest Redevelopment
Project (the "Low-Mod Housing Fund"). For value received, the Agency hereby promises to pay
to the order of the Low-Mod Housing Fund at such address as the Agency shall designate, the
principal amount of the Note at the times specified herein, together with interest thereon in
accordance with the terms hereof. The Note is hereby tendered in accordance with Section 4 of
that certain Educational Revenue Augmentation Fund Loan From Community Low and
Moderate Income Housing Funds, dated as of December 20, 2004 (the "ERAF Loan Plan"), as
approved by Agency Resolution No. R- _, dated December 20,2004 with respect to the facts
set forth in such ERAF Loan Plan:
THE AGENCY HEREBY AGREES TO PAY THIS NOTE IN ACCORDANCE
WITH THE FOLLOWING TERMS:
SECTION 1. The Note is tendered by the Agency to the Low-Mod Housing
Fund as evidence of the indebtedness of the Agency to the Low-Mod Housing Fund incurred in
connection with an advance (the "Advance") made by the Low-Mod Housing Fund to the
Agency under the ERAF Loan Plan. The terms and provisions of the ERAF Loan Plan are
hereby incorporated into this Note by this reference. Capitalized terms used herein and not
otherwise defined shall have the meaning assigned to them in the ERAF Loan Plan.
1
SECTION 2. Interest on the outstanding principal balance of this Note, together
with any accrued and unpaid interest thereon, shall accrue from its date, at a variable rate of
interest until paid in full. The variable rate of interest shall be initially established at a rate per
annum equal to the rate of interest offered by the Local Agency Investment Fund of the State
Treasurer of California on local agency funds invested for one (1) year (the "LAIF Rate of
Interest") in effect on the date of this Note, and thereafter such interest rate shall be adjusted on
each May I 0, commencing on May 10, 2005 to be equal to the LAIF Rate of Interest on each
such interest rate adjustment date (e.g.: May 10) for so long as any sum is payable under this
Note.
SECTION 3. Payments of principal and interest under the Note shall be made by
the Agency to the Low-Mod Housing Fund on each May 10, commencing on May 10, 2006,
solely from "Excess Revenues", if any, as this term is defmed in the ERAF Loan Plan, of the
Agency from the Northwest Redevelopment Project, or other legally available funds of the
Agency. It is anticipated that the Advance will be repaid to the Low-Mod Housing Fund by the
Agency on or before May 10, 2015.
SECTION 4. The Agency hereby pledges to make payments hereunder from
Excess Revenues of the Agency. The pledge of the Agency under this Section 4 of the Note
shall at all times be subordinate to any and all other outstanding, or as hereafter may be
outstanding, bonds, notes or other forms of indebtedness of the Agency payable by the Agency
in whole or in part from tax increment revenue or other legally available funds of the Agency
and shall not constitute a prior lien on such revenues or other legally available funds of the
Agency. The Agency hereby acknowledges and agrees that the Note shall be considered as an
indebtedness of the Agency as the same is intended for purposes of the filing of a statement of
indebtedness with the County of San Bernardino pursuant to Health and Safety Code Section
33675. This Note is a special and limited obligation of the Agency and the sole source of funds
as pledged for the repayment thereof is as provided in Section 3 and in this Section 4. Neither
the taxing power of the Agency or any other agency is pledged to repay the principal or accrued
interest hereunder.
SECTION 5. This Note shall mature as of May 10, 2015, unless prepaid in full
before such date. The outstanding principal balance of this Note, together with all accrued and
unpaid interest thereon, shall be immediately due and payable upon the Maturity Date May 10,
2015, and the Agency shall tender to the Low-Mod Housing Fund such amount on or before May
10,2015.
SECTION 6. The Agency may prepay the principal amount of the Note and
accrued interest thereon, at any time without penalty upon thirty (30) days prior written notice to
the Agency.
SECTION 7. The Low-Mod Housing Fund shall have no power to transfer or
assign its right to receive the payment of principal and payments of accrued interest under the
Note unless the Agency has first granted written approval to the Low-Mod Housing Fund for
such a proposed assignment in its sole and absolute discretion.
2
California.
Executed this J$4 day of ~U/V ,eJoeLj' at San Bernardino,
By:
3
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGENCY
PROMISSORY NOTE
(Agency FY 2004-05 ERAF Obligation)
THIS PROMISSORY NOTE IS A SPECIAL LIMITED
OBLIGATION OF THE AGENCY PAYABLE SOLELY FROM
THE SOURCE OF AGENCY FUNDS DESCRIBED HEREIN
AND NEITHER THE FAITH NOR CREDIT NOR TAXING
POWER OF ANY OTHER LOCAL AGENCY, INCLUDING
THE CITY OF SAN BERNARDINO, IS PLEDGED
HEREUNDER
Initial Principal Amount
$148,093
Date of this Note: May 10,2005
Variable Rate ofInterest:
LAIF Rate ofInterest on Funds Invested for One (1) Year
on Date of Note, and Thereafter Such Interest Rate In
Effect on Each Succeeding May 10 During Term of this
Note
THIS AGENCY PROMISSORY NOTE is dated May 10,2005 (the "Note") and
evidences an indebtedness of the Redevelopment Agency of the City of San Bernardino (the
"Agency") to the Low- and Moderate-Income Housing Fund of the Tri-City Redevelopment
Project (the "Low-Mod Housing Fund"). For value received, the Agency hereby promises to pay
to the order of the Low-Mod Housing Fund at such address as the Agency shall designate, the
principal amount of the Note at the times specified herein, together with interest thereon in
accordance with the terms hereof. The Note is hereby tendered in accordance with Section 4 of
that certain Educational Revenue Augmentation Fund Loan From Community Low and
Moderate Income Housing Funds, dated as of December 20, 2004 (the "ERAF Loan Plan"), as
approved by Agency Resolution No. R- _, dated December 20,2004 with respect to the facts
set forth in such ERAF Loan Plan:
THE AGENCY HEREBY AGREES TO PAY THIS NOTE IN ACCORDANCE
WITH THE FOLLOWING TERMS:
SECTION 1. The Note is tendered by the Agency to the Low-Mod Housing
Fund as evidence of the indebtedness of the Agency to the Low-Mod Housing Fund incurred in
connection with an advance (the "Advance") made by the Low-Mod Housing Fund to the
Agency under the ERAF Loan Plan. The terms and provisions of the ERAF Loan Plan are
hereby incorporated into this Note by this reference. Capitalized terms used herein and not
otherwise defmed shall have the meaning assigned to them in the ERAF Loan Plan.
1
SECTION 2. Interest on the outstanding principal balance of this Note, together
with any accrued and unpaid interest thereon, shall accrue from its date, at a variable rate of
interest until paid in full. The variable rate of interest shall be initially established at a rate per
annum equal to the rate of interest offered by the Local Agency Investment Fund of the State
Treasurer of California on local agency funds invested for one (1) year (the "LAIF Rate of
Interest") in effect on the date of this Note, and thereafter such interest rate shall be adjusted on
each May 1 0, commencing on May 1 0, 2005 to be equal to the LAIF Rate of Interest on each
such interest rate adjustment date (e.g.: May 10) for so long as any sum is payable under this
Note.
SECTION 3. Payments of principal and interest under the Note shall be made by
the Agency to the Low-Mod Housing Fund on each May 10, commencing on May 10, 2006,
solely from "Excess Revenues", if any, as this term is defined in the ERAF Loan Plan, of the
Agency from the Tri-City Redevelopment Project, or other legally available funds of the
Agency. It is anticipated that the Advance will be repaid to the Low-Mod Housing Fund by the
Agency on or before May 10, 2015.
SECTION 4. The Agency hereby pledges to make payments hereunder from
Excess Revenues of the Agency. The pledge of the Agency under this Section 4 of the Note
shall at all times be subordinate to any and all other outstanding, or as hereafter may be
outstanding, bonds, notes or other forms of indebtedness of the Agency payable by the Agency
in whole or in part from tax increment revenue or other legally available funds of the Agency
and shall not constitute a prior lien on such revenues or other legally available funds of the
Agency. The Agency hereby acknowledges and agrees that the Note shall be considered as an
indebtedness of the Agency as the same is intended for purposes of the filing of a statement of
indebtedness with the County of San Bernardino pursuant to Health and Safety Code Section
33675. This Note is a special and limited obligation of the Agency and the sole source of funds
as pledged for the repayment thereof is as provided in Section 3 and in this Section 4. Neither
the taxing power of the Agency or any other agency is pledged to repay the principal or accrued
interest hereunder.
SECTION 5. This Note shall mature as of May 10,2015, unless prepaid in full
before such date. The outstanding principal balance of this Note, together with all accrued and
unpaid interest thereon, shall be immediately due and payable upon the Maturity Date May 10,
2015, and the Agency shall tender to the Low-Mod Housing Fund such amount on or before May
10,2015.
SECTION 6. The Agency may prepay the principal amount of the Note and
accrued interest thereon, at any time without penalty upon thirty (30) days prior written notice to
the Agency.
SECTION 7. The Low-Mod Housing Fund shall have no power to transfer or
assign its right to receive the payment of principal and payments of accrued interest under the
Note unless the Agency has first granted written approval to the Low-Mod Housing Fund for
such a proposed assignment in its sole and absolute discretion.
2
California.
Executed this }.g!day of ~ ' 'JD1Y1/. at San Bernardino,
By:
3
REDEVELOP"MENT AGENCY OF THE CITY OF SAN BERNARDINO
AGENCY
PROMISSORY NOTE
(Agency FY 2004-05 ERAF Obligation)
THIS PROMISSORY NOTE IS A SPECIAL LIMITED
OBLIGATION OF THE AGENCY PAYABLE SOLELY FROM
THE SOURCE OF AGENCY FUNDS DESCRIBED HEREIN
AND NEITHER THE FAITH NOR CREDIT NOR TAXING
POWER OF ANY OTHER LOCAL AGENCY, INCLUDING
THE CITY OF SAN BERNARDINO, IS PLEDGED
HEREUNDER
Initial Principal Amount
$43,419
Date of this Note: May 10, 2005
Variable Rate ofInterest:
LAIF Rate ofInterest on Funds Invested for One (1) Year
on Date of Note, and Thereafter Such Interest Rate In
Effect on Each Succeeding May 10 During Term of this
Note
THIS AGENCY PROMISSORY NOTE is dated May 10,2005 (the ''Note'') and
evidences an indebtedness of the Redevelopment Agency of the City of San Bernardino (the
"Agency") to the Low- and Moderate-Income Housing Fund of the Uptown Redevelopment
Project (the "Low-Mod Housing Fund"). For value received, the Agency hereby promises to pay
to the order of the Low-Mod Housing Fund at such address as the Agency shall designate, the
principal amount of the Note at the times specified herein, together with interest thereon in
accordance with the terms hereof. The Note is hereby tendered in accordance with Section 4 of
that certain Educational Revenue Augmentation Fund Loan From Community Low and
Moderate Income Housing Funds, dated as of December 20, 2004 (the "ERAF Loan Plan"), as
approved by Agency Resolution No. R- _, dated December 20,2004 with respect to the facts
set forth in such ERAF Loan Plan:
THE AGENCY HEREBY AGREES TO PAY THIS NOTE IN ACCORDANCE
WITH THE FOLLOWING TERMS:
SECTION 1. The Note is tendered by the Agency to the Low-Mod Housing
Fund as evidence of the indebtedness of the Agency to the Low-Mod Housing Fund incurred in
connection with an advance (the "Advance") made by the Low-Mod Housing Fund to the
Agency under the ERAF Loan Plan. The terms and provisions of the ERAF Loan Plan are
hereby incorporated into this Note by this reference. Capitalized terms used herein and not
otherwise defmed shall have the meaning assigned to them in the ERAF Loan Plan.
.\
1
SECTION 2. Interest on the outstanding principal balance of this Note, together
with any accrued and unpaid interest thereon, shall accrue from its date, at a variable rate of
interest until paid in full. The variable rate of interest shall be initially established at a rate per
annum equal to the rate of interest offered by the Local Agency Investment Fund of the State
Treasurer of California on local agency funds invested for one (1) year (the "LAlF Rate of
Interest") in effect on the date of this Note, and thereafter such interest rate shall be adjusted on
each May 1 0, commencing on May 1 0, 2005 to be equal to the LAlF Rate of Interest on each
such interest rate adjustment date (e.g.: May 10) for so long as any sum is payable under this
Note.
SECTION 3. Payments of principal and interest under the Note shall be made by
the Agency to the Low-Mod Housing Fund on each May 10, commencing on May 10, 2006,
solely from "Excess Revenues", if any, as this term is defmed in the ERAF Loan Plan, of the
Agency from the Uptown Redevelopment Project, or other legally available funds of the Agency.
It is anticipated that the Advance will be repaid to the Low-Mod Housing Fund by the Agency
on or before May 10,2015.
SECTION 4. The Agency hereby pledges to make payments hereunder from
Excess Revenues of the Agency. The pledge of the Agency under this Section 4 of the Note
shall at all times be subordinate to any and all other outstanding, or as hereafter may be
outstanding, bonds, notes or other forms of indebtedness of the Agency payable by the Agency
in whole or in part from tax increment revenue or other legally available funds of the Agency
and shall not constitute a prior lien on such revenues or other legally available funds of the
Agency. The Agency hereby acknowledges and agrees that the Note shall be considered as an
indebtedness of the Agency as the same is intended for purposes of the filing of a statement of
indebtedness with the County of San Bernardino pursuant to Health and Safety Code Section
33675. This Note is a special and limited obligation of the Agency and the sole source of funds
as pledged for the repayment thereof is as provided in Section 3 and in this Section 4. Neither
the taxing power of the Agency or any other agency is pledged to repay the principal or accrued
interest hereunder.
SECTION 5. This Note shall mature as of May 10,2015, unless prepaid in full
before such date. The outstanding principal balance of this Note, together with all accrued and
unpaid interest thereon, shall be immediately due and payable upon the Maturity Date May 10,
2015, and the Agency shall tender to the Low-Mod Housing Fund such amount on or before May
10,2015.
SECTION 6. The Agency may prepay the principal amount of the Note and
accrued interest thereon, at any time without penalty upon thirty (30) days prior written notice to
the Agency.
SECTION 7. The Low-Mod Housing Fund shall have no power to transfer or
assign its right to receive the payment of principal and payments of accrued interest under the
Note unless the Agency has first granted written approval to the Low-Mod Housing Fund for
such a proposed assignment in its sole and absolute discretion.
2
California.
Executed this J..3i1 day of ~U/1.../ , Jv /) if at San Bernardino,
REDEVE~.= P...ME.... T A. GENCY OF TIIE CITY OF
SANBE4~ '0/,
By, ,;l$, at j; /
/ /
3
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGENCY
PROMISSORY NOTE
(Agency FY 2004-05 ERAF Obligation)
TillS PROMISSORY NOTE IS A SPECIAL LIMITED
OBLIGATION OF THE AGENCY PAYABLE SOLELY FROM
THE SOURCE OF AGENCY FUNDS DESCRIBED HEREIN
AND NEITHER THE FAITH NOR CREDIT NOR TAXING
POWER OF ANY OTHER LOCAL AGENCY, INCLUDING
THE CITY OF SAN BERNARDINO, IS PLEDGED
HEREUNDER
Initial Principal Amount
$76,067
Date of this Note: May 10,2005
Variable Rate ofInterest:
LAIF Rate ofInterest on Funds Invested for One (1) Year
on Date of Note, and Thereafter Such Interest Rate In
Effect on Each Succeeding May 10 During Term of this
Note
TillS AGENCY PROMISSORY NOTE is dated May 10, 2005 (the ''Note'') and
evidences an indebtedness of the Redevelopment Agency of the City of San Bernardino (the
"Agency") to the Low- and Moderate-Income Housing Fund of the South Valle Redevelopment
Project (the "Low-Mod Housing Fund"). For value received, the Agency hereby promises to pay
to the order of the Low-Mod Housing Fund at such address as the Agency shall designate, the
principal amount of the Note at the times specified herein, together with interest thereon in
accordance with the terms hereof. The Note is hereby tendered in accordance with Section 4 of
that certain Educational Revenue Augmentation Fund Loan From Community Low and
Moderate Income Housing Funds, dated as of December 20, 2004 (the "ERAF Loan Plan"), as
approved by Agency Resolution No. R- _, dated December 20,2004 with respect to the facts
set forth in such ERAF Loan Plan:
THE AGENCY HEREBY AGREES TO PAY TillS NOTE IN ACCORDANCE
WITH THE FOLLOWING TERMS:
SECTION 1. The Note is tendered by the Agency to the Low-Mod Housing
Fund as evidence of the indebtedness of the Agency to the Low-Mod Housing Fund incurred in
connection with an advance (the "Advance") made by the Low-Mod Housing Fund to the
Agency under the ERAF Loan Plan. The terms and provisions of the ERAF Loan Plan are
hereby incorporated into this Note by this reference. Capitalized terms used herein and not
otherwise defmed shall have the meaning assigned to them in the ERAF Loan Plan.
1
SECTION 2. Interest on the outstanding principal balance of this Note, together
with any accrued and unpaid interest thereon, shall accrue from its date, at a variable rate of
interest until paid in full. The variable rate of interest shall be initially established at a rate per
annum equal to the rate of interest offered by the Local Agency Investment Fund of the State
Treasurer of California on local agency funds invested for one (1) year (the "LAlF Rate of
Interest") in effect on the date of this Note, and thereafter such interest rate shall be adjusted on
each May 1 0, commencing on May 1 0, 2005 to be equal to the LAlF Rate of Interest on each
such interest rate adjustment date (e.g.: May 10) for so long as any sum is payable under this
Note.
SECTION 3. Payments of principal and interest under the Note shall be made by
the Agency to the Low-Mod Housing Fund on each May 10, commencing on May 10, 2006,
solely from "Excess Revenues", if any, as this term is defmed in the ERAF Loan Plan, of the
Agency from the South Valle Redevelopment Project, or other legally available funds of the
Agency. It is anticipated that the Advance will be repaid to the Low-Mod Housing Fund by the
Agency on or before May 10,2015.
SECTION 4. The Agency hereby pledges to make payments hereunder from
Excess Revenues of the Agency. The pledge of the Agency under this Section 4 of the Note
shall at all times be subordinate to any and all other outstanding, or as hereafter may be
outstanding, bonds, notes or other forms of indebtedness of the Agency payable by the Agency
in whole or in part from tax increment revenue or other legally available funds of the Agency
and shall not constitute a prior lien on such revenues or other legally available funds of the
Agency. The Agency hereby acknowledges and agrees that the Note shall be considered as an
indebtedness of the Agency as the same is intended for purposes of the filing of a statement of
indebtedness with the County of San Bernardino pursuant to Health and Safety Code Section
33675. This Note is a special and limited obligation of the Agency and the sole source of funds
as pledged for the repayment thereof is as provided in Section 3 and in this Section 4. Neither
the taxing power of the Agency or any other agency is pledged to repay the principal or accrued
interest hereunder.
SECTION 5. This Note shall mature as of May 10,2015, unless prepaid in full
before such date. The outstanding principal balance of this Note, together with all accrued and
unpaid interest thereon, shall be immediately due and payable upon the Maturity Date May 10,
2015, and the Agency shall tender to the Low-Mod Housing Fund such amount on or before May
10,2015.
SECTION 6. The Agency may prepay the principal amount of the Note and
accrued interest thereon, at any time without penalty upon thirty (30) days prior written notice to
the Agency.
SECTION 7. The Low-Mod Housing Fund shall have no power to transfer or
assign its right to receive the payment of principal and payments of accrued interest under the
Note unless the Agency has first granted written approval to the Low-Mod Housing Fund for
such a proposed assignment in its sole and absolute discretion.
2
California.
Executed this d::t! day of (/)?tpyr/,U/z/ , Jv V tf at San Bernardino,
REDEVEtN= AGENCY OF THE CITY OF
SAN BE~~ 0
mL~/
/ /
By:
3
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGENCY
PROMISSORY NOTE
(Agency FY 2004-05 ERAF Obligation)
THIS PROMISSORY NOTE IS A SPECIAL LIMITED
OBLIGATION OF THE AGENCY PAYABLE SOLELY FROM
THE SOURCE OF AGENCY FUNDS DESCRIBED HEREIN
AND NEITHER THE FAITH NOR CREDIT NOR TAXING
POWER OF ANY OTHER LOCAL AGENCY, INCLUDING
THE CITY OF SAN BERNARDINO, IS PLEDGED
HEREUNDER
Initial Principal Amount
$241,118
Date of this Note: May 10,2005
Variable Rate ofInterest:
LAIF Rate ofInterest on Funds Invested for One (1) Year
on Date of Note, and Thereafter Such Interest Rate In
Effect on Each Succeeding May 10 During Term of this
Note
THIS AGENCY PROMISSORY NOTE is dated May 10, 2005 (the "Note") and
evidences an indebtedness of the Redevelopment Agency of the City of San Bernardino (the
"Agency") to the Low- and Moderate-Income Housing Fund of the Central City Redevelopment
Projects - Merged Projects - (the "Low-Mod Housing Fund"). For value received, the Agency
hereby promises to pay to the order of the Low-Mod Housing Fund at such address as the
Agency shall designate, the principal amount of the Note at the times specified herein, together
with interest thereon in accordance with the terms hereof. The Note is hereby tendered in
accordance with Section 4 of that certain Educational Revenue Augmentation Fund Loan From
Community Low and Moderate Income Housing Funds, dated as of December 20, 2004 (the
"ERAF Loan Plan"), as approved by Agency Resolution No. R- _, dated December 20,2004
with respect to the facts set forth in such ERAF Loan Plan:
THE AGENCY HEREBY AGREES TO PAY THIS NOTE IN ACCORDANCE
WITH THE FOLLOWING TERMS:
SECTION 1. The Note is tendered by the Agency to the Low-Mod Housing
Fund as evidence of the indebtedness of the Agency to the Low-Mod Housing Fund incurred in
connection with an advance (the "Advance") made by the Low-Mod Housing Fund to the
Agency under the ERAF Loan Plan. The terms and provisions of the ERAF Loan Plan are
hereby incorporated into this Note by this reference. Capitalized terms used herein and not
otherwise defmed shall have the meaning assigned to them in the ERAF Loan Plan.
1
SECTION 2. Interest on the outstanding principal balance ofthis Note, together
with any accrued and unpaid interest thereon, shall accrue from its date, at a variable rate of
interest until paid in full. The variable rate of interest shall be initially established at a rate per
annum equal to the rate of interest offered by the Local Agency Investment Fund of the State
Treasurer of California on local agency funds invested for one (1) year (the "LAIF Rate of
Interest") in effect on the date of this Note, and thereafter such interest rate shall be adjusted on
each May 1 0, commencing on May 1 0, 2005 to be equal to the LAIF Rate of Interest on each
such interest rate adjustment date (e.g.: May 10) for so long as any sum is payable under this
Note.
SECTION 3. Payments of principal and interest under the Note shall be made by
the Agency to the Low-Mod Housing Fund on each May 10, commencing on May 10,2006,
solely from "Excess Revenues", if any, as this term is defined in the ERAF Loan Plan, of the
Agency from the Central City Redevelopment Projects - Merged Projects, or other legally
available funds of the Agency. It is anticipated that the Advance will be repaid to the Low-Mod
Housing Fund by the Agency on or before May 10,2015.
SECTION 4. The Agency hereby pledges to make payments hereunder from
Excess Revenues of the Agency. The pledge of the Agency under this Section 4 of the Note
shall at all times be subordinate to any and all other outstanding, or as hereafter may be
outstanding, bonds, notes or other forms of indebtedness of the Agency payable by the Agency
in whole or in part from tax increment revenue or other legally available funds of the Agency
and shall not constitute a prior lien on such revenues or other legally available funds of the
Agency. The Agency hereby acknowledges and agrees that the Note shall be considered as an
indebtedness of the Agency as the same is intended for purposes of the filing of a statement of
indebtedness with the County of San Bernardino pursuant to Health and Safety Code Section
33675. This Note is a special and limited obligation of the Agency and the sole source of funds
as pledged for the repayment thereof is as provided in Section 3 and in this Section 4. Neither
the taxing power of the Agency or any other agency is pledged to repay the principal or accrued
interest hereunder.
SECTION 5. This Note shall mature as of May 10,2015, unless prepaid in full
before such date. The outstanding principal balance of this Note, together with all accrued and
unpaid interest thereon, shall be immediately due and payable upon the Maturity Date May 10,
2015, and the Agency shall tender to the Low-Mod Housing Fund such amount on or before May
10,2015.
SECTION 6. The Agency may prepay the principal amount of the Note and
accrued interest thereon, at any time without penalty upon thirty (30) days prior written notice to
the Agency.
SECTION 7. The Low-Mod Housing Fund shall have no power to transfer or
assign its right to receive the payment of principal and payments of accrued interest under the
Note unless the Agency has first granted written approval to the Low-Mod Housing Fund for
such a proposed assignment in its sole and absolute discretion.
2
California.
Executed this J>~ day of
{)e~t~, J.DDVat
San Bernardino,
REDEVELOPMENT AGENCY OF THE CITY OF
SANBEZO. .
By ~4:/~
/
3
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGENCY
PROMISSORY NOTE
(Agency FY 2004-05 ERAF Obligation)
THIS PROMISSORY NOTE IS A SPECIAL LIMITED
OBLIGATION OF THE AGENCY PAYABLE SOLELY FROM
THE SOURCE OF AGENCY FUNDS DESCRIBED HEREIN
AND NEITHER THE FAITH NOR CREDIT NOR TAXING
POWER OF ANY OTHER LOCAL AGENCY, INCLUDING
THE CITY OF SAN BERNARDINO, IS PLEDGED
HEREUNDER
Initial Principal Amount
$75,261
Date of this Note: May 10, 2005
Variable Rate ofInterest:
LAIF Rate ofInterest on Funds Invested for One (1) Year
on Date of Note, and Thereafter Such Interest Rate In
Effect on Each Succeeding May 10 During Term of this
Note
THIS AGENCY PROMISSORY NOTE is dated May 10,2005 (the "Note") and
evidences an indebtedness of the Redevelopment Agency of the City of San Bernardino (the
"Agency") to the Low- and Moderate-Income Housing Fund of the Mt. Vernon Corridor
Redevelopment Project (the "Low-Mod Housing Fund"). For value received, the Agency hereby
promises to pay to the order of the Low-Mod Housing Fund at such address as the Agency shall
designate, the principal amount of the Note at the times specified herein, together with interest
thereon in accordance with the terms hereof. The Note is hereby tendered in accordance with
Section 4 of that certain Educational Revenue Augmentation Fund Loan From Community Low
and Moderate Income Housing Funds, dated as of December 20,2004 (the "ERAF Loan Plan"),
as approved by Agency Resolution No. R- _, dated December 15,2004 with respect to the facts
set forth in such ERAF Loan Plan:
THE AGENCY HEREBY AGREES TO PAY THIS NOTE IN ACCORDANCE
WITH THE FOLLOWING TERMS:
SECTION 1. The Note is tendered by the Agency to the Low-Mod Housing
Fund as evidence of the indebtedness of the Agency to the Low-Mod Housing Fund incurred in
connection with an advance (the "Advance") made by the Low-Mod Housing Fund to the
Agency under the ERAF Loan Plan. The terms and provisions of the ERAF Loan Plan are
hereby incorporated into this Note by this reference. Capitalized terms used herein and not
otherwise defmed shall have the meaning assigned to them in the ERAF Loan Plan.
1
SECTION 2. Interest on the outstanding principal balance of this Note, together
with any accrued and unpaid interest thereon, shall accrue from its date, at a variable rate of
interest until paid in full. The variable rate of interest shall be initially established at a rate per
annum equal to the rate of interest offered by the Local Agency Investment Fund of the State
Treasurer of California on local agency funds invested for one (1) year (the "LAIF Rate of
Interest") in effect on the date of this Note, and thereafter such interest rate shall be adjusted on
each May 1 0, commencing on May 1 0, 2005 to be equal to the LAIF Rate of Interest on each
such interest rate adjustment date (e.g.: May 10) for so long as any sum is payable under this
Note.
SECTION 3. Payments of principal and interest under the Note shall be made by
the Agency to the Low-Mod Housing Fund on each May 10, commencing on May 10, 2006,
solely from "Excess Revenues", if any, as this term is defined in the ERAF Loan Plan, of the
Agency from the Mt. Vernon Corridor Redevelopment Project, or other legally available funds
of the Agency. It is anticipated that the Advance will be repaid to the Low-Mod Housing Fund
by the Agency on or before May 10,2015.
SECTION 4. The Agency hereby pledges to make payments hereunder from
Excess Revenues of the Agency. The pledge of the Agency under this Section 4 of the Note
shall at all times be subordinate to any and all other outstanding, or as hereafter may be
outstanding, bonds, notes or other forms of indebtedness of the Agency payable by the Agency
in whole or in part from tax increment revenue or other legally available funds of the Agency
and shall not constitute a prior lien on such revenues or other legally available funds of the
Agency. The Agency hereby acknowledges and agrees that the Note shall be considered as an
indebtedness of the Agency as the same is intended for purposes of the filing of a statement of
indebtedness with the County of San Bernardino pursuant to Health and Safety Code Section
33675. This Note is a special and limited obligation of the Agency and the sole source of funds
as pledged for the repayment thereof is as provided in Section 3 and in this Section 4. Neither
the taxing power of the Agency or any other agency is pledged to repay the principal or accrued
interest hereunder.
SECTION 5. This Note shall mature as of May 10, 2015, unless prepaid in full
before such date. The outstanding principal balance of this Note, together with all accrued and
unpaid interest thereon, shall be immediately due and payable upon the Maturity Date May 10,
2015, and the Agency shall tender to the Low-Mod Housing Fund such amount on or before May
10,2015.
SECTION 6. The Agency may prepay the principal amount of the Note and
accrued interest thereon, at any time without penalty upon thirty (30) days prior written notice to
the Agency.
SECTION 7. The Low-Mod Housing Fund shall have no power to transfer or
assign its right to receive the payment of principal and payments of accrued interest under the
Note unless the Agency has first granted written approval to the Low-Mod Housing Fund for
such a proposed assignment in its sole and absolute discretion.
2
California.
Executed this ~~ day of ~. , doo1f at San Bernardino,
REDEVEL~ AGENCY OF TIlE CITY OF
::B~LL/
/
3
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGENCY
PROMISSORY NOTE
(Agency FY 2004-05 ERAF Obligation)
TillS PROMISSORY NOTE IS A SPECIAL LIMITED
OBLIGATION OF THE AGENCY PAYABLE SOLELY FROM
THE SOURCE OF AGENCY FUNDS DESCRIBED HEREIN
AND NEITHER THE FAITH NOR CREDIT NOR TAXING
POWER OF ANY OTHER LOCAL AGENCY, INCLUDING
THE CITY OF SAN BERNARDINO, IS PLEDGED
HEREUNDER
Initial Principal Amount
$17,830
Date of this Note: May 10, 2005
Variable Rate ofInterest:
LAIF Rate ofInterest on Funds Invested for One (1) Year
on Date of Note, and Thereafter Such Interest Rate In
Effect on Each Succeeding May 10 During Term of this
Note
TillS AGENCY PROMISSORY NOTE is dated May 10,2005 (the "Note") and
evidences an indebtedness of the Redevelopment Agency of the City of San Bernardino (the
"Agency") to the Low- and Moderate-Income Housing Fund of the 40th Street Redevelopment
Project (the "Low-Mod Housing Fund"). For value received, the Agency hereby promises to pay
to the order of the Low-Mod Housing Fund at such address as the Agency shall designate, the
principal amount of the Note at the times specified herein, together with interest thereon in
accordance with the terms hereof. The Note is hereby tendered in accordance with Section 4 of
that certain Educational Revenue Augmentation Fund Loan From Community Low and
Moderate Income Housing Funds, dated as of December 20, 2004 (the "ERAF Loan Plan"), as
approved by Agency Resolution No. R- _, dated December 20,2004 with respect to the facts
set forth in such ERAF Loan Plan:
THE AGENCY HEREBY AGREES TO PAY TillS NOTE IN ACCORDANCE
WITH THE FOLLOWING TERMS:
SECTION 1. The Note is tendered by the Agency to the Low-Mod Housing
Fund as evidence of the indebtedness of the Agency to the Low-Mod Housing Fund incurred in
connection with an advance (the "Advance") made by the Low-Mod Housing Fund to the
Agency under the ERAF Loan Plan. The terms and provisions of the ERAF Loan Plan are
hereby incorporated into this Note by this reference. Capitalized terms used herein and not
otherwise defmed shall have the meaning assigned to them in the ERAF Loan Plan.
1
SECTION 2. Interest on the outstanding principal balance of this Note, together
with any accrued and unpaid interest thereon, shall accrue from its date, at a variable rate of
interest until paid in full. The variable rate of interest shall be initially established at a rate per
annum equal to the rate of interest offered by the Local Agency Investment Fund of the State
Treasurer of California on local agency funds invested for one (1) year (the "LAlF Rate of
Interest") in effect on the date of this Note, and thereafter such interest rate shall be adjusted on
each May 1 0, commencing on May 10, 2005 to be equal to the LAlF Rate of Interest on each
such interest rate adjustment date (e.g.: May 10) for so long as any sum is payable under this
Note.
SECTION 3. Payments of principal and interest under the Note shall be made by
the Agency to the Low-Mod Housing Fund on each May 10, commencing on May 10,2006,
solely from "Excess Revenues", if any, as this term is defmed in the ERAF Loan Plan, of the
Agency from the 40th Street Redevelopment Project, or other legally available funds of the
Agency. It is anticipated that the Advance will be repaid to the Low-Mod Housing Fund by the
Agency on or before May 10,2015.
SECTION 4. The Agency hereby pledges to make payments hereunder from
Excess Revenues of the Agency. The pledge of the Agency under this Section 4 of the Note
shall at all times be subordinate to any and all other outstanding, or as hereafter may be
outstanding, bonds, notes or other forms of indebtedness of the Agency payable by the Agency
in whole or in part from tax increment revenue or other legally available funds of the Agency
and shall not constitute a prior lien on such revenues or other legally available funds of the
Agency. The Agency hereby acknowledges and agrees that the Note shall be considered as an
indebtedness of the Agency as the same is intended for purposes of the filing of a statement of
indebtedness with the County of San Bernardino pursuant to Health and Safety Code Section
33675. This Note is a special and limited obligation of the Agency and the sole source of funds
as pledged for the repayment thereof is as provided in Section 3 and in this Section 4. Neither
the taxing power of the Agency or any other agency is pledged to repay the principal or accrued
interest hereunder.
SECTION 5. This Note shall mature as of May 10, 2015, unless prepaid in full
before such date. The outstanding principal balance of this Note, together with all accrued and
unpaid interest thereon, shall be immediately due and payable upon the Maturity Date May 10,
2015, and the Agency shall tender to the Low-Mod Housing Fund such amount on or before May
10,2015.
SECTION 6. The Agency may prepay the principal amount of the Note and
accrued interest thereon, at any time without penalty upon thirty (30) days prior written notice to
the Agency.
SECTION 7. The Low-Mod Housing Fund shall have no power to transfer or
assign its right to receive the payment of principal and payments of accrued interest under the
Note unless the Agency has first granted written approval to the Low-Mod Housing Fund for
such a proposed assignment in its sole and absolute discretion.
2
California.
Executed this :;g-/1. day of~.lu-v ,!)f) () if at San Bernardino,
REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERN/
~;:(7/. / / /'
By: 2a/;~~U>t/
/
3