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07-10-12 Supplemental InformationMEMORANDUM TO: ClN COUNCIL FROM: MIKE LINN, ACTING COMMUNIN DEVELOPMENT DIRECTOR " SUBJECT: SUPPLEMENTAL INFORMATION AGENDA ITEM 9. A. - JULY 10,2012 ClN COUNCIL MEETING CONSIDERATION OF GENERAL PLAN AMENDMENT 12-002 (BICYCLE AND TRAILS MASTER PLAN) DATE: JULY 10,2012 Attached is: 1. A letter from the San Luis Obispo Council of Governments (SLOCOG) verifying that the Draft 2012 Bicycle and Trails Master Plan complies with California Streets and Highway Code Section 891.2 (BTA funding eligibility requirements). 2. An email and letter from Dan Rivoire, Executive Director of the San Luis Obispo Bicycle Coalition in support of the Draft Bicycle and Trails Master Plan. cc: City Manager City Attorney City Clerk Public Review Binder San Luis Obispo Council of Governments h>w Grande Regional Transportation Planning Agency Atascadem 3Ietropolitan Planning Organization Cmr-ez Beach hlorro Bay Census Data Mfilla te/ Rideshare Progl-am P~SO Robles Senice Authority for Freeways and Espresswnys Pismo Bead San Luis Obk San Luis Ob- ~oiry Rwald De Cnlli, Executive Director July 9, 201 2 Ryan Foster City of Arroyo Grande 300 East Branch Street Arroyo Grande, CA 93420 RE: Comments on the Draft Bicycle and Trails Master Plan Dear Mr. Foster, Thank you for the opportunity to review and comment on the Arroyo Grande Bicycle and Trails Master Plan. We at SLOCOG are pleased to support the City's efforts to establish a Bicycle and Trails Master Plan. As the state-designated Regional Transportation Planning Agency (RTPA) for San Luis Obispo County, SLOCOG is charged with the responsibility of certifying Bicycle Transportation Plans within the region for compliance with California Streets and Highway Code Section 891.2 and with the current 2010 Regional Transportation Plan-Preliminary Sustainable Communities Strategy (RTP-PSCS). This letter is to notify the city that the requirements for the bike plan are met, and the plan is consistent with the policies in SLOCOG's 201 0 Regional Transportation Plan. We appreciate the City's efforts to make changes based on our comment letter (submitted June 22,2012). We continue to have a few concerns and requests as outlined below. ETA Requirements While the requirements are met, the sections in which they are addressed are not well denoted. Several items only list one location (usually of the existing conditions), even when the information is addressed in two or more locations in the document. Pedestrian Planning We understand that the city will be addressing pedestrian planning more adequately in the pending circulation element. We advise that the pedestrian policies in the Bicycle and Trails Master Plan find their way into the Circulation Element and that continuity of pedestrian facilities be addressed. Overcrossing Discussion Thank you for addressing our request to clarify cost estimates. SLOCOG will continue to monitor the overcrossing project,alignment as it is a very expensive project and would not be fundable by SLOCOG. For example, at $1.2 M per year in STlP TE funds, the project would require 7-1 2 years of funding, during which time SLOCOG would be unable to fund other TE projects. A more realistic and cost effective alignment should be identified. Should you have any questions or require additional information, please contact Jessica Berry at 781- 5764. Sincerelv. Richard Murphy Programming and Pro& delivery Manager From: greenman41@gmail.com on behalf of Dan Rivore [dan@slobikelane.org] Sent: Tuesday, July 10,2012 4:13 PM To: Kitty Norton; Kendra Reynolds Subject: Fwd: Tonight's Meeting: Bicycle and Trails Master Plan Attachments: SLOCBC-AGBikePlan-LoS-council.pdf ---------- Forwarded message ---------- From: Dan Rivore <dan@,slobikelane.org> Date: Tue, Jul 10,2012 at 4:09 PM Subject: Tonight's Meeting: Bicycle and Trails Master Plan To: tferrara@,arroyogrande.org, tbrown@,arroyogrande.org, icostello arro yogrande.org, kuthrie@,arroyogrande.org, crav@,arroyogrande.org, kwetmore arrovogrande.org Cc: Mike Boswell <rnrboswell@,sbcglobal.net> Dear Honorable Mayor Ferrara and Council Members, I am writing to express my regrets that I am unable to make it to tonight's City Council meeting to speak on behalf of the SLO County Bicycle Coalition and our over 600 members countywide to ask for your approval of the Bicycle and Trails Master Plan. In my stead our longstanding Board Member, Mike Boswell, will represent the Bicycle Coalition at this evening's meeting. Mike's extensive experience as a Professor of City and Regional Planning and as a Planning Commissioner in the CIty of San Luis Obispo make his comments at tonight's meeting especially valuable. We very much appreciate your willingness to listen to the community and hope that your leadership will lead us to a hture Arroyo Grande where more children and families feel safe traveling by bike. Approving the Bicycle and Trails Master Plan is the essential first step in moving forward to access more state and federal funds for transportation infrastructure improvements. Please review the attached letter written to articulate why we believe an approved Bike Plan is important to well being of Arroyo Grande. Thank you for your time and consideration, Dan Rivoire, Executive Director San Luis Obispo County Bicycle Coalition dan@,slobikelane.org - 805.547.2055 www.slobikelane.org Arroyo Grande City Council City Council Chambers 21 5 East Branch Street Arroyo Grande, CA 93420 July 9, 201 2 Dear Mayor Ferrara and Council Members, On behalf of the San Luis Obispo County Bicycle Coalition's 600 members countywide I would like to ask for your support for the Bicycle and Trails Master Plan for the City of Arroyo Grande. The bike plan is a formal document that works in cooperation with your General Plan's circulation, land use, and safety elements. It provides the guidance necessary to continue development in a manner that directly improves the economic, physical, and environmental health of your community. Most importantly, a comprehensive and approved bike plan will drastically improve your access to major state and federal infrastructure and programming grants. The San Luis Obispo County Bicycle Coalition is committed to assisting every city throughout the County with the development and approval of their own bike plan. Our efforts have contributed to the approval of bike plans in San Luis Obispo City, Paso Robles, Atascadero, Morro Bay, Grover Beach, Pismo Beach and San Luis Obispo County. Upon review of your General Plan, we believe that Arroyo Grande exhibits the values necessary to make the City a strong candidate for funding opportunities. Our past experience exploring such opportunities has assisted in accessing millions of dollars in funding for bike and pedestrian projects locally. The County, City of San Luis Obispo, and City of Pismo Beach have all received capital improvement grants within the last five years. Please know that the Bicycle Coalition is seriously committed to collaboration on grant applications and will submit letters of support whenever possible. Our board and staff are committed to strengthening our presence in southern San Luis Obispo County. Our successful Bicycle Valet, Bicycle Kitchen, and Bicycle Confidence Programs have already made appearances in South County and connect directly to the safety and encouragement elements included in your bike plan. We strongly encourage your Council to keep the Bike Coalition in mind when looking for entities to assist with administration of these elements. Encouraging active transportation and recreation encourages economic vitality. As cycling becomes increasingly popular throughout the Country, an approved bike plan will demonstrate to tourists, visitors and residents that your city is the best healthy active family friendly destination for them. Please approve the Bicycle and Trails Master Plan. Thank you very much for your time and consideration. Sincerely, Dan Rivoire, Executive Director San Luis Obispo County Bicycle Coalition 860 Pacific St, Suite 105 1 San Luis Obispo, CA 93401 1 (805) 547 2055 1-\ 4 MEMORANDUM TO: CITY COUNCIL FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTORnF ` SUBJECT: SUPPLEMENTAL INFORMATION AGENDA ITEM 10.a. JULY 10, 2012 CITY COUNCIL MEETING STATUS OF TEMPORARY USE PERMIT NO. 12-002 - PILOT SAFE OVERNIGHT PARKING PROGRAM AT ST. BARNABAS EPISCOPAL CHURCH LOCATED AT 301 TRINITY AVENUE DATE: JULY 10, 2012 Attached is a copy of a letter dated July 9, 2012 from Dr. and Mrs. Jesse L. Wobrock regarding the pilot safe overnight parking program at St. Barnabas Episcopal Church located at 301 Trinity Avenue. cc: City Manager City Attorney City Clerk Public Review Binder Arroyo Grande City Council Council Chambers 215 E. Branch St., Arroyo Grande, CA 93420 RECEIVED JUL 10 2012 July 9, 2012 Re: Pilot Safe Overnight Parking Program CllY OF ARROYO GRMOE COMhUlNlW DEVELOPMMT Dear Arroyo Grande City Council, Three months ago, this program was represented to the community as an "essential" program and an immediate need, which thousands of people who could benefit from it. This is not true. Our neighborhood has struggled with the notion that we have to tolerate a homeless parking program that almost everyone in the neighborhood has objected to. In response, we have formed a neighborhood watch program, worried continuously about illegal behavior by the "parkers", and have dealt with the idea that our home values will sink as a result of this imposition, among other things. We have never been in favor of this program at this location but, instead, we have proposed many different sites throughout the city that would be more beneficial. However, we have not heard from any community leaders regarding a better solution. We continue to hope that a better location will be realized for the sake of the homeless population and the homeowners surrounding St. Barnabas Episcopal Church. At the City Council meeting on March 27,2012, we were sold a "false bill of goods". We were told that this was a necessary ministry to the local community. That is false. It is definitely not necessary at this location. There has been only one person accepted into the program, who has parked at the location on a very sporadic basis, over the past 3 months. CURRENTLY, THERE ARE NO APPROVED PARTICIPANTS IN THE PROGRAM. There have been more reported incidents at the church, compared to the actual participants in the program. It is obvious that there is not an immediate need for this program in this neighborhood. It has been shown that most applicants cannot even pass the simple police background checks, in order to participate in the program. Most of the applicants have proven to be criminals and a potential danger to this community. Our neighborhood has experienced a large amount of anxiety and many tears have been shed because of the City Council's decision on March 27,2012. Our home values have been diminished, we have stayed up late at night monitoring the neighborhood, and leading members of this community (in this neighborhood) have been subjected to problems that we have not sought. The Episcopal Church has not lived up to their obligations. They have not improved the lighting or any other measures in order to mitigate the problems that are expected to occur. The program (as it stands) is inadequate, pathetic, and not worthy of consideration. I urgently suggest that the Arroyo Grande City Council eliminate this program for the sake of the law abiding, tax-paying, community leading citizens in this neighborhood. In light of the elections this year, it is important to remember that you were elected to "do right" by the actual citizens - d of the transient population. Thank you for your consideration. Dr. & Mrs. Jesse L. Wobrock MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, ClTY MANAGER SUBJECT: SUPPLEMENTAL INFORMATION - AGENDA ITEM 10.b. ClTY CHARTER PUBLIC PARTICIPATION PROCESS DATE: JULY 10,2012 Attached is correspondence received today regarding the City Charter Public Participation Process item. c: City Attorney City Clerk Public Review Binder lbDDsiatod Bulldars and bmacmta Inr Central Califomla Chapter P.0 Box 80718 19466 Fllghtpath Way Bakersfield CA 6611 3928729 Fax - 6611 392-9076 I July 10,2012 John Kerchinski, PCL A~~~~~ ~~~d~, CA 93420 ChairmanSleci I I powel'' Chairman "I Don Chisum Processes Unlimited Treasurer Mayor Tony Ferrara City of Arroyo Grande 300 East Branch Street Tony Castiglione Secretary Jodl Nagel Alcom Aire Immediate Past Chair Dear Mayor Ferrara: T am writing because the Associated Builders and Contractors (ABC) stand in support of your proposed Charter, and to inform you of a recent Court ruling that empowers Charter Cities in the State of California. On July 2nd the California Supreme Court ruled in favor of the City of Vista, a Charter City, over the State Buildings Trades Council. This ruling affirmed the rights of Charter Cities to establish their own policies over municipal affairs. Specifically, this case dealt with the use of local AndVAnderson taxpayer dollars to build a fire station and Vista's right to exempt itself 1 I from prevailing wage- Eddie Berdon, TIC Annando Gonzalez Occidental of Elk Hills John Mullen Chevron Teny Smith KS Industries Kirk zwicky Safely and Training Consultants Now that the Court has reaffirmed the rights of Charter Cities, many General Law Cities are looking at the possibility of becoming a Charter City. ABC is in full support of every City that wants to become a Charter City. Local control and independence from Sacramento's reach is something every City should embrace, and the best way to achieve that is by becoming a Charter City. Once again, ABC supports your effort to become a Charter City. Should you have any questions please do not hesitate to contact me at 661-203- 1838. Best reg* / pRROyO o C? INCORPORATED TZ U �.a1..•� i„:.J ,�q } C1i/FORI4 MEMORANDUM TO: CITY COUNCIL FROM: TIM CARMEL, CITY ATTORNE4--*j SUBJECT: CITY/SUCCESSOR AGENCY LOAN AGREEMENT OPTION (ALTERNATIVE 2) DATE: JULY 10, 2012 Attached is: 1) A Resolution of the City Council of the City of Arroyo Grande Approving a Loan Agreement between the City and the Successor Agency to the Dissolved Redevelopment Agency of the City of Arroyo Grande; 2) A Resolution of the Successor Agency of the City of Arroyo Grande Approving a Loan Agreement between the City of Arroyo Grande and the Successor Agency; and 3) A Loan Agreement between the City of Arroyo Grande and the City of Arroyo Grande as Successor Agency to the Dissolved Redevelopment Agency of the City of Arroyo Grande. cc: City Manager City Clerk • RESOLUTION NO. A RESOLUTION OF THE SUCCESSOR AGENCY TO THE DISSOLVED REDEVELOPMENT AGENCY OF THE CITY OF ARROYO GRANDE APPROVING A LOAN AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND THE SUCCESSOR AGENCY WHEREAS, the City of Arroyo Grande ("City") is a municipal corporation; and WHEREAS, the City Council of the City of Arroyo Grande, acting pursuant to the provisions of Part 1.85 of the Health and Safety Code ("Part 1.85"), has declared itself as the Successor Agency to the dissolved Redevelopment Agency of the City of Arroyo Grande within the meaning of Part 1.85 ("Successor Agency"); and WHEREAS, pursuant to the terms of Assembly Bill 1484 ("AB 1484"), enacted by the Legislature and signed into law by the Governor on June 28, 2012, and effective immediately, the Successor Agency is a separate public entity from the City; and • WHEREAS, in accordance with Health and Safety Code Section 34173(h), the City may loan funds to the Successor Agency to enable the Successor Agency to meet obligations and such loan shall, with approval of the Oversight Board established pursuant to Health and Safety Code Section 34179, be an enforceable obligation within the meaning of Part 1.85 that is payable from property tax revenues allocated for disbursement for enforceable obligations by the County Auditor-Controller; and WHEREAS, on July 9, 2012, the Successor Agency, purportedly pursuant to the terms of AB 1484 was ordered by the County Auditor-Controller to pay to the County Auditor-Controller the sum of$ _ ("Successor Agency Payment Obligation") by July 12, 2012, and if the Successor Agency fails to make such payment in a timely manner, the Successor Agency shall suffer defined interest and penalties and City property tax funds and sales tax funds payable to the City in the future may be offset by the amount not paid plus penalties and interest; and WHEREAS, the Successor Agency does not have sufficient funds to make the Successor Agency Payment, so in order to ensure the timely payment and to avoid interest and penalties, the Successor Agency desires to obtain a loan from the City, and the City desires to provide a loan to the Successor Agency, in the amount of the Successor Agency Payment Obligation; and WHEREAS, a Loan Agreement, in the form presented to the Successor Agency concurrent with this Resolution, memorializing a loan by the City to the Successor Agency in the amount of the Successor Agency Payment Obligation, has been presented to the Successor Agency for approval. NOW, THEREFORE, the Successor Agency to the dissolved Redevelopment Agency of the City of Arroyo Grande resolves as follows: Section 1. The foregoing Recitals are incorporated herein and made a part hereof. 1 Section 2. The Loan Agreement in the form presented concurrently with this Resolution, on file with the Secretary of the Successor Agency, is hereby approved. The Successor Agency Chair is authorized and directed to sign the Loan Agreement on behalf of the Successor Agency. Section 3. The Successor Agency Executive Director (City Manager) and his authorized designees are authorized and directed to take such other and further actions, and to sign such other and further documents and instruments, as may be necessary to implement and effect this Resolution and the Loan Agreement on behalf of the Successor Agency. Section 4. The Secretary of the Successor Agency shall certify to the adoption of this Resolution. On motion of Successor Agency Member , seconded by Successor Agency Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 10'h day of July, 2012. TONY FERRARA, CHAIR ATTEST: KELLY WETMORE, SECRETARY APPROVED AS TO CONTENT: STEVEN ADAMS, EXECUTIVE DIRECTOR(CITY MANAGER) APPROVED AS TO FORM: TIMOTHY J. CARMEL, SUCCESSOR AGENCY COUNSEL -2- • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A LOAN AGREEMENT BETWEEN THE CITY AND THE SUCCESSOR AGENCY TO THE DISSOLVED REDEVELOPMENT AGENCY OF THE CITY OF ARROYO GRANDE WHEREAS, the City of Arroyo Grande ("City") is a municipal corporation; and WHEREAS, the City Council of the City of Arroyo Grande, acting pursuant to the provisions of Part 1.85 of the Health and Safety Code ("Part 1.85"), has declared itself as the Successor Agency to the dissolved Redevelopment Agency of the City of Arroyo Grande within the meaning of Part 1.85 ("Successor Agency"); and WHEREAS, pursuant to the terms of Assembly Bill 1484 ("AB 1484"), enacted by the Legislature and signed into law by the Governor on June 28, 2012, and effective immediately, the Successor Agency is a separate public entity from the City; and WHEREAS, in accordance with Health and Safety Code Section 34173(h), the City may loan funds to the Successor Agency to enable the Successor Agency to meet obligations and such loan shall, with approval of the Oversight Board established pursuant to Health and Safety Code Section 34179, be an enforceable obligation within the meaning of Part 1.85 that is payable from property tax revenues. allocated for disbursement for enforceable obligations by the County Auditor-Controller; and WHEREAS, on July 9, 2012, the Successor Agency, purportedly pursuant to the terms of AB 1484 was ordered by the County Auditor-Controller to pay to the County Auditor-Controller the sum of$ ("Successor Agency Payment Obligation") by July 12, 2012, and if the Successor Agency fails to make such payment in a timely manner, the Successor Agency shall suffer defined interest and penalties and City property tax funds and sales tax funds payable to the City in the future may be offset by the amount not paid plus penalties and interest; and WHEREAS, the Successor Agency does not have sufficient funds to make the Successor Agency Payment, so in order to ensure the timely payment and to avoid interest and penalties, the Successor Agencyy desires to obtain a loan from the City, and the City desires to provide a loan to the Successor Agency, in the amount of the Successor Agency Payment Obligation; and WHEREAS, a Loan Agreement, in the form presented to the City Council concurrent with this Resolution, memorializing a loan by the City to the Successor Agency in the amount of the Successor Agency Payment Obligation, has been presented to the City Council for approval. NOW, THEREFORE, the City Council of the City of Arroyo Grande resolves as follows: Section 1. The foregoing Recitals are incorporated herein and made a part hereof. 1 Section 2. The Loan Agreement in the form presented concurrently with this Resolution, on file with the City Clerk, is hereby approved. The Mayor is authorized and directed to sign the Loan Agreement on behalf of the City. Section 3. The City Manager and his authorized designees are authorized and directed to take such other and further actions, and to sign such other and further documents and instruments, as may be necessary to implement and effect this Resolution and the Loan Agreement on behalf of the City. Section 4. The City Clerk shall certify to the adoption of this Resolution. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 10th day of July, 2012. TONY FERRARA, MAYOR A 1 ZEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY -2- LOAN AGREEMENT This Loan Agreement ("Agreement") is made and entered this 10th day of July, 2012 by and between the CITY OF ARROYO GRANDE, a municipal corporation ("City"), and the CITY OF ARROYO GRANDE AS SUCCESSOR AGENCY TO THE DISSOLVED REDEVELOPMENT AGENCY OF THE CITY OF ARROYO GRANDE, acting under the authority of Part 1.85 of the California Health and Safety Code ("Successor Agency"). RECITALS A. The City Council of the City of Arroyo Grande, acting pursuant to the provisions of Part 1.85 of the Health and Safety Code ("Part 1.85"), has declared itself as the Successor Agency to the dissolved Redevelopment Agency of the City of Arroyo Grande within the meaning of Part 1.85 ("Successor Agency"). Any capitalized terms that are not specifically defined in this Agreement shall have the same meaning as set forth in Part 1.85. B. Pursuant to the terms of Assembly Bill 1484 ("AB 1484"), enacted by the Legislature and signed into law by the Governor on June 28, 2012, and effective immediately, the Successor Agency is a separate public entity from the City. C. In accordance with Health and Safety Code Section 34173(h), the City may loan funds to the Successor Agency to enable the Successor Agency to meet obligations and such loan shall, with approval of the Oversight Board established pursuant to Health and Safety Code Section 34179, be an enforceable obligation within the meaning of Part 1.85 that is payable from property tax revenues allocated for disbursement for enforceable obligations by the County Auditor-Controller. D. On July 9, 2012, the Successor Agency, purportedly pursuant to the terms of AB 1484 has been ordered by the County Auditor-Controller to pay to the County Auditor- Controller the sum of $ ("Successor Agency Payment Obligation") by July 12, 2012. If the Successor Agency fails to make such payment in a timely manner, the Successor Agency shall suffer defined interest and penalties and City property tax funds and sales tax funds payable to the City in the future may be offset by the amount not paid plus penalties and interest. E. The Successor Agency does not have sufficient funds to make the Successor Agency Payment. In order to ensure the timely payment and to avoid interest and penalties, the Successor Agency desires to obtain a loan from the City, and the City desires to provide a loan to the Successor Agency, in the amount of the Successor Agency Payment Obligation ("Loan Amount"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained, City and Successor Agency agree as follows: 3717269 1 807/69/12 -1- • Section 1. City Loan to Successor Agency. City hereby loans to Successor Agency the Loan Amount in the principal sum of $ ("Loan Principal"), from any legally available source, including but not limited to the City's General Fund. Section 2. Interest. Interest shall accrue on the outstanding Loan Principal at the rate earned on deposits of City funds in the Local Agency Investment Fund during such time as the Loan Principal is outstanding. Interest shall be compounded annually. Section 3. Agency Repayment. The Loan Principal and any accrued interest shall be repaid in full by Successor Agency from any legally available source available to the Successor Agency including but not limited to the payments for enforceable obligations from the County Auditor- Controller. The Successor Agency shall list this Loan Agreement, referencing Health & Safety Code Section 34173(h) or other applicable law, on the next Successor Agency's Recognized Obligation Payment Schedule ("ROPS") and each succeeding ROPS until the Loan Principal and all accrued interest is fully repaid. The full Loan Principal plus applicable interest shall be paid in four (4) equal installment payments, payable semi-annually, commencing on January 15, 2013, and thereafter on July 15, 2013, January 15, 2014, and July 15, 2014. All unpaid and accrued interest shall be due and payable with the last installment payment. If, for reasons outside the control of the Successor Agency, insufficient funds are disbursed by the County Auditor-Controller to the Successor Agency for payment of any installment payment, the amount due and unpaid shall be added to the following installment payment. If insufficient funds are disbursed by the County Auditor-Controller to the Successor Agency for the last installment payment to be made, the Successor Agency shall continue to list the Loan Principal and accrued interest due on succeeding ROPS, and interest shall continue to accrue, until the Loan Principal and all interest due is fully paid. Successor Agency shall be entitled to repay all or part of the Loan Principal and all accrued interest at any time with no other charges, fees, or penalties. All amounts due under this Agreement shall be payable at the offices of City. Section 4. Oversight Board Approval City acknowledges that Successor Agency's authority to list this Loan Agreement as an enforceable obligation on the ROPS requires the approval of the Oversight Board to the Successor Agency. Successor Agency .shall promptly seek the approval of the Oversight Board of this Loan Agreement and its listing as an enforceable obligation on the Successor Agency's next ROPS and then each succeeding ROPS until the Loan Principal and all accrued interest is fully repaid.. Section 5. Indebtedness of Successor Agency. The Loan Principal and accrued interest described in this Agreement shall constitute an indebtedness of the Successor Agency that is eligible as an enforceable obligation under the terms of Part 1.85. Section 6. Non-Recourse Obligation. No officer, official, employee, agent, or representatives of Successor Agency shall be personally liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, employee, agent, or representative. Section 7. Entire Agreement; Amendment. This Agreement shall constitute the entire agreement of the parties. This Agreement may be amended or modified only by an agreement in writing signed by the parties. 3717289.1 307/09/12 -2- • [end—signature page follows] 3717289.1 807/09/12 -3- • IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives, as of the date first above written. ") " "SUCCESSOR AGENCY" CITY OF ARROYO GRANDE AS SUCCESSOR AGENCY TO THE DISSOLVED REDEVELOPMENT AGENCY OF THE CITY OF ARROYO GRANDE By: Tony Ferrara, Chair A"lIEST: Kelly Wetmore, Secretary APPROVED AS TO FORM: Timothy J. Carmel, • Successor Agency Counsel "CITY" CITY OF ARROYO GRANDE By: Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk APPROVED AS TO FORM: Timothy J. Carmel, City Attorney 3717269.1 007/09/12 -4-