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R 3938 RESOLUTION NO. 3938 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A FINANCING AGREEMENT BETWEEN THE CITY AND THE ARROYO GRANDE REDEVELOPMENT AGENCY TO FACILITATE THE AGENCY'S ACQUISITION OF THE VACANT LOT AT FAEH STREET AND EL CAMINO REAL (APN 006-151-027) WHEREAS, the Arroyo Grande Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health & Safety Code S 33000 et seq.); and WHEREAS, the Agency and the City Council of the City of Arroyo Grande ("City" or "City Council," as appropriate), in accordance with all applicable law, previously adopted the Redevelopment Plan for the Arroyo Grande Redevelopment Project Area, as amended ("Project Area"); and WHEREAS, the City is proposing to acquire. that certain parcel of real property consisting of a vacant lot at Faeh Street and EI Camino Real identified as Assessor Parcel No. 006-151-027 (the "Property"); and WHEREAS, the Property is located in the Redevelopment Project Area; and WHEREAS, the Agency and seller propose to enter into that certain Vacant Land Purchase Agreement and Joint Escrow Instructions ("Agreement") for Agency's acquisition of the Property for a purchase price of Eight Hundred Twenty-Five Thousand Dollars ($825,000), plus escrow and other closing costs which are estimated to not exceed Five Thousand Dollars ($5,000) for a total in acquisition costs not to exceed Eight Hundred Thirty Thousand Dollars ($830,000) (collectively, the "Acquisition Costs"); and WHEREAS, to enable the Agency to fund the Acquisition Costs, the City and Agency propose to enter into a Financing Agreement to effectuate a loan to the Agency in the amount not to exceed Eight Hundred Thirty Thousand Dollars ($830,000) from the City's In-Lieu Affordable Housing Fund, with interest at a rate equal to rate earned by the City from the Local Agency Investment Fund; and WHEREAS, the City. and Agency are authorized to enter into such Financing Agreement pursuant to Health and Safety Code Section 33601; and WHEREAS, all actions required by applicable law to be taken by the Agency precedent to the adoption of this Resolution have been taken in accordance with applicable law. NOW, THEREFORE, the City Council of the City of Arroyo Grande resolves as follows: Section 1. The foregoing Recitals are true and correct and are incorporated herein. , RESOLUTION NO. 3938 PAGE 2 Section 2. The City Council hereby: (i) approves the Financing Agreement between the City and the Agency, in the form presented to the City Council concurrent with this Resolution, to effect the City's loan to the Agency of the amount not to exceed Eight Hundred Thirty Thousand Dollars ($830,000), with interest payable by the Agency at a rate equal to the rate of interest earned on City funds on deposit with the Local Agency Investment Fund, and authorizes the Mayor or City Manager, each as the sole required signatory on behalf of the City, to execute the Financing Agreement on behalf of the City; and (ii) authorizes and directs the City Manager and authorized designees to take such other and further actions, and sign such other and further documents as are necessary and proper to implement this Resolution on behalf of the City. On motion of Council Member Dickens, seconded by Council Member Arnold, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Dickens, Arnold, Costello, Guthrie, and Mayor Ferrara None None the foregoing Resolution was passed and adopted this 25th day of July, 2006. RESOLUTION NO. 3'138 PAGE 3 TONY M. FER , MAYOR APPROVED AS TO CONTENT: 5~/--. ' STEVEN ADAMS, CITY MANAGER " OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3938 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council/Redevelopment Agency of the City of Arroyo Grande on the 25th day of July 2006. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th day of July 2006. lIU.- RE, CITY CLERK