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CC Resolution 2003-020RESOLUTION NO. 2003-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ESTABLISHING A LOAN TO THE LA QUINTA REDEVELOPMENT AGENCY, AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) WHEREAS, the activities of the La Quinta Redevelopment Agency (the "Agency") Project Area No. 1 cause improvements to be done that are beneficial to both the City of La Quinta (the City) and the Agency. and WHEREAS, current Agency Project Area No. 1 revenues are of a limited nature, although additional future revenues will be forthcoming as development continues; and WHEREAS, the City desires that the Agency Project Area No. 1 continues with such mutually beneficial improvements and particularly with the publicly owned Capital Improvement projects, including library construction, the La Fonda Street improvements, and the design of future Eisenhower median improvements ("the Projects"); and WHEREAS, the City has authority to provide a loan to the Agency as an investment under Government Code Section 53601(d): and WHEREAS, these projects are in the best interest of the public, are located within the La Quinta Redevelopment Agency's Project Area No. 1, and will enhance the public's use of Project No. 1; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta as follows: 1. The Projects to be funded with Agency funds are of benefit to Project Area No. 1 and no other reasonable means of financing such benefits are available to the community at this time. 2. The attached Promissory Note with an interest rate of 7 %, between the City and the Agency be approved in an amount of $6 million. 3. Pursuant to Health and Safety Code Section 33445 (a), the City Council finds: Resolution No. 2003-020 Loan / City to RDA / $6 million RDA Project Area 1 Adopted: April 1, 2003 Page 2 (a) That the Projects will be of benefit to the Agency's Project Area No. 1. (b) That no other reasonable means of financing the Projects are available to the community at this time. (c) That the payment of funds for the Projects will assist in the elimination of one or more blighting conditions in the project area and is consistent with the implementation plan adopted pursuant to Section 33490. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1 st day of April, 2003, by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None -1'hV DON AD PH, Wyor City of La Quinta, California ATTEST: JU . GREEK, CMC, City CWe City of La Quinta, California Resolution No. 2003-020 Loan / City to RDA / $6 million RDA Project Area 1 Adopted: April 1, 2003 Page 3 APPROVED AS TO FORM: M. KATHERINE JENSgW,, City Attorney City of La Quinta, California La Quinta Redevelopment Agency Project Area No. 1 PROMISSORY NOTE La Quinta, California April 1, 2003 FOR VALUE RECEIVED, the undersigned promises to pay to the order of the City of La Quinta, a municipal corporation, in lawful money of the United States of America, the principal sum of Six Million dollars ($6,000,000) together with interest per annum on the principal balance from time to time outstanding after the date hereof until paid in full. 1. Maturi : The principal amount of this Promissory Note, together with any accrued but unpaid interest, shall be due and payable by November 29, 2033. 2. Interest: Interest on the unpaid principal balance hereof from time to time outstanding shall accrue at the rate of seven percent (7%) per annum, commencing on the date hereof. 3. Preaavment: The undersigned, at its option, shall have the right to prepay this Promissory Note, in whole or in part, at any time and from time to time, without penalty, provided that such optional prepayment shall be credited first to accrued interest, if any, and then to unpaid principal. 4. Miscellaneous: 4.1 The undersigned hereby waives presentment, protest, notice of protest, notice of dishonor, and notice of nonpayment on this Promissory Note. 4.2 The undersigned promises to pay cost of collection, including attorney's fees, whether or not suit is filed under any instrument or obligations evidenced by this Promissory Note, upon the occurrence of a default hereunder. 4.3 The undersigned promises to perform and comply with each of the obligations of any and all of the undersigned set forth in every instrument evidencing this Promissory Note. 4.4 This Promissory Note shall be governed by and construed according to the laws of California. 4.5 The repayment of the loan principal and accrued interest by Agency shall be junior and subordinate to (i) all existing and future Agency tax allocation bonds or other direct long-term indebtedness of Agency, (ii) all existing and future pledges by Agency of tax increments for tax allocation bonds or other direct long-term indebtedness of Agency, (iii) existing and future Agency financial agreements and other contractual obligations of Agency, and (iv) any contingent obligations of Agency. IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby, has duly executed this Promissory Note effective as to the day and year first written above. REDEVELOPMENT AGENCY OF THE CITY OF LA QUINTA, A public body, corporate and politic of the State of California By: Tent' Henderson Its: Chairperson