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Resolution Number CRA 95-11-7-1215 RESOLUTION NO. CRA 95-11-7-1 A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, APPROVING AND AUTHORIZING THE EXECUTION OF A REPLACEMENT PROMISSORY NOTE IN FAVOR OF BOBBY KINOSHITA INVESTMENT ENTERPRISES, L.P., A CALIFORNIA LIMITED PARTNERSHIP WHEREAS, the Community Redevelopment Agency of the City of San Juan Capistrano (the "Agency") has previously issued three noted on March 6, 1991, to the following persons or entities: (1) Yasuo Kinoshita, $21,393.19; (2) The Yasuo Kinoshita Family Trust, $2,983,205.59; and, (3) the Yasuo Kinoshita Children's Trust, $1,075,647.86 (collectively, the "Original Notes"); and, WHEREAS, the Original Notes were issued by the Agency pursuant to a Purchase and Sale Agreement/Joint Escrow Instructions dated March 5, 1991 (the "Agreement"), with Kinoshita Properties ("Kinoshita"), pursuant to which Kinoshita sold and the Agency purchased certain real property described therein; and, WHEREAS, in exchange for the Original Notes, the Agency desires to issue a replacement promissory note (the "Replacement Note"), dated for convenience as of March 6, 1991, in favor of Bobby Kinoshita Investment Enterprises, L. P., a California limited partnership, in an amount totalling $4,080,246.64; and, WHEREAS, the Agency has duly considered the foregoing and believes that it is in the best interests of the Agency and the health, safety and welfare of the residents of the City of San Juan Capistrano, and in accordance with the public purposes and provisions of applicable state and local law requirements. NOW, THEREFORE, BE IT RESOLVED, by the San Juan Capistrano Community Redevelopment Agency Board of Directors, City of San Juan Capistrano, California, as follows: RFRAFRIMM The Agency hereby approves the Replacement Note and authorizes and directs the Chairman to execute, and the City Clerk/Agency Secretary to attest, the Replacement Note and all documents referenced in the Replacement Note necessary to effectuate the provisions of the Agreement and the Replacement Note. -1- 216 SECTION 2. This resolution shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED this 7th day of Nnyember 11995. DAVID SWERDLIN, CHAIRMAN ATTEST: AGENCY SEMETAAY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, Agency Secretary of the San Juan Capistrano Community Redevelopment Agency, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. CRA 95-11-7-1 adopted by the San Juan Capistrano Community Redevelopment Agency Board of Directors at a regular meeting thereof held on the 7th day of November , 1995, by the following vote: AYES: Directors Jones, Hart, Nash, Campbell and Chairman.Swerdlin NOES: None ABSTAIN: None ABSENT: None (SEAL) CHE� ON, AGENCY SECRETARY -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, declare as follows: That I am the duly appointed and qualified Secretary of the San Juan Capistrano Community Redevelopment Agency; That in compliance with State laws of the State of California and in further compliance with CRA Resolution No. CRA 83-12-20-1 and on the 9th day of November 1995, I caused to be posted: RESOLUTION NO. CRA 95-11-7-1 , being I.F I / Im7wu�1�I\�;�IlLL1�Y.Y1 : 1 A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, APPROVING AND AUTHORIZING THE EXECUTION OF A REPLACEMENT PROMISSORY NOTE IN FAVOR OF BOBBY KINOSHITA INVESTMENT ENTERPRISES, L.P., A CALIFORNIA LIMITED PARTNERSHIP in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. CHECK LIST RES. NO. CRA%�- / Chairman has signed Secretary has signed Agency Seal stamped All blanks typed "Absent" "Noes" Q "Abstain" az Copies sent to post file�,/ mail certified 0,0 LiV Legal Publication ordered to be published (date) No. Printed copies required Remarks Cheryl JohnsdA Xg6ncy Secretary San Juan Capistrano Community Redevelopment Agency San Juan Capistrano, California 217