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HomeMy WebLinkAboutOB Reso No 2015-004RESOLUTTON NO. OB-201 5-004 A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING THE THIRD AMENDMENT (2016) TO THE STADTUM TNTERTM MANAGEMENT AGREEMENT BETWEEN THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE AND THE LAKE ELSINORE STORM LP WHEREAS, the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore ("Oversight Board") has been established to direct the Successor Agency to take certain actions to wlnd down the affairs of the former: Redevelopment Agency of the City of Lake Elsinore in accordance with the California Health and Safety Code; and WHEREAS, by adoption of its Resolution No. OB 2012-013 on December 11, 2012, the Oversight Board approved the Stadium lnterim Management Agreement dated January 1,2013 by and between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore and the Lake Elsinore Storm LP (the "lnterim Agreement") and following such approval by the Oversight Board and the Successor Agency, the lnterim Agreement was submitted to and reviewed by the State Department of Finance, and WHEREAS, by adoption of its Resolution No. OB 20'13-007 on September 24, 2013, the Oversight Board approved the First Amendment to Stadium lnterim Management Agreement dated January 1,2014 by and between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore and the Lake Elsinore Storm LP (the "First Amendment") and following such approval by the Oversight Board and the Successor Agency, the First Amendment was submitted to and reviewed by the State Department of Finance; and WHEREAS, by adoption of its Resolution No. OB 2014-005 on September 23, 2014, the Oversight Board approved the Second Amendment to Stadium lnterim Management Agreement dated January 1, 2015 by and between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore and the Lake Elsinore Storm LP (the "Second Amendment") and following such approval by the Oversight Board and the Successor Agency, the Second Amendment was submitted to and reviewed by the State Department of Finance; and WHEREAS, the lnterim Agreement and the First and Second Amendments have been successfully implemented to provide for efficient and cost effective management, maintenance and operation of the Diamond Stadium but, absent a Third Amendment, the lnterim Amendment will expire on December 31, 2015; and WHEREAS, consistent with the legislative authorization contained in AB 1484 allowing successor agencies to enter into enforceable obligations for the purpose of OVERSIGHT BOARD RESOLUTION NO. OB 2015-OO4 Page 2 maintaining the assets of the former redevelopment agency, the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore seeks to provide for the continued, efficient and cost effective management, maintenance and operation of the Stadium and to retain the Storm to carry out such continuing obligations on an interim basis for calendar year 2016 in accordance with the proposed Third Amendment (2016) to the lnterim Agreement; and WHEREAS, pursuant to Health and Safety Code Section 34169 a "Recognized Obligation Payment Schedule" that lists all obligations of the former redevelopment agency that are enforceable within the meaning of subdivision (d) of Section 34167 for the six month period January 2016 - June 2016 (the "ROPS 15-168') which lists, among other things, as enforceable obligations of the Successor Agency, the following obligations related to the Lake Elsinore Diamond Stadium (the "Stadium"): (i) License Agreement; (ii) Maintenance Agreement; (iii) Concession Agreement; (iv) Stadium operations and maintenance obligations, and (v) the lnterim Agreement (as amended by the proposed Third Amendment (2016)) has been prepared for approval by the SuccessorAgency and the Oversight Board on September 22,2015. NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Recitals set forth above are true and correct and incorporated herein by reference. SECTION 2. Based on the information presented in the staff report and testimony received, the Oversight Board finds (i) that the proposed Third Amendment (2016) to the lnterim Agreement is reasonable and necessary to satisfy the Successor Agency's enforceable obligations and to protect and maintain the assets of the former Redevelopment Agency, (ii) that Real Property Tax Trust Fund (RPTTF) revenues set forth in the ROPS 15-168 include funds necessary to meet the Successor Agency's enforceable obligations with respect to the Stadium, including the proposed Third Amendment (2016) to the lnterim Agreement, and (iii) that the Third Amendment (2016) to the lnterim Agreement is in the best interests of the taxing entities. Based on the above findings, the Oversight Board approves the Third Amendment (2016) to the Stadium lnterim Management Agreement by and between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore and the Lake Elsinore Storm LP in substantially the form attached and in such final form as approved by the Successor Agency. SECTION 3. lf any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this resolution are severable. The Oversight Board hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. OVERSIGHT BOARD RESOLUTION NO. OB 2015404 Page 3 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption in accordance with applicable law. PASSED, APPROVED AND ADOPTED at a regular meeting of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, held this 22nd day of September, 2015 by the following vote: of the City of Lake Elsinore Oversight Board Acting Secretary Agency of the Redevelopment Diana-Gi16n, ) ) ss. ) STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE l, Diana Gir6n, Acting Clerk of the Oversight Board of the City of Lake Elsinore, California, hereby certify that Resolution No. OB-2015-004 was adopted by the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, California, at a regular meeting held on lhe 22nd day of September 2015, and that the same was adopted by the following vote: AYES: Board Member Lassey, Board Member Landon, Board Member M. Williams, and Vice Chair KelleyNOES: None ABSENT: Board Member Tisdale and Board Member P. Williams ABSTAIN: Chair Oster