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HomeMy WebLinkAboutSA Reso 2016-007 Compensation Agreement & Transfer of Certain Properties for Future DevelopmentRESOLUTION NO. SA 2016 -007 A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING (1) THE FORM OF A COMPENSATION AGREEMENT PURSUANT TO HEALTH & SAFETY CODE SECTION 34180(f); AND (2) TRANSFER OF CERTAIN PROPERTIES BY THE SUCCESSOR AGENCY TO THE CITY OF LAKE ELSINORE FOR FUTURE DEVELOPMENT WHEREAS, the Successor Agency to the Redevelopment Agency of the City of Lake Elsinore ( "Successor Agency ") has been established to wind down the affairs of the former Redevelopment Agency of the City of Lake Elsinore (the "Agency ") in accordance with the California Health & Safety Code Section 34179; and, WHEREAS, the Successor Agency is the owner of certain real property located at Silver Street and Minthorn Street and certain properties on Spring Road at Lakeshore Drive in the City of Lake Elsinore ( "City ") (collectively, "Agency Property "); and, WHEREAS, on June 29, 2011, the Legislature of the State of California (the "State ") adopted Assembly Bill X1 26 ( "AB 26 "), which amended provisions of the State's Community Redevelopment Law (Health & Safety Code sections 33000 et seq.); and, WHEREAS, pursuant to AB 26 and the California Supreme Court decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., which upheld AB 26 (together with AB 1484, as amended to date, the "Dissolution Law "), the former Agency was dissolved on February 1, 2012; and, WHEREAS, pursuant to the Dissolution Law, ownership of the Agency Property was transferred to the Successor Agency for disposition in accordance with the Dissolution Law; and, WHEREAS, pursuant to the Dissolution Law, the Successor Agency prepared a Long Range Property Management Plan ( "LRPMP "), which was approved by a resolution of the Oversight Board; and, WHEREAS, applicable law permits the Agency Property to be conveyed by the Successor Agency to the City for further redevelopment activities by the City consistent with the Redevelopment Plan, and requires that such conveyance to the City shall occur upon the full execution of a compensation agreement (the "Compensation Agreement ") between the City and the affected taxing entities (as listed in the Compensation Agreement, the "Taxing Entities ") for the distribution of net funds received, if any, from the sale of the Agency Property. Such agreement is entitled "Compensation Agreement Pursuant to Health & Safety Code 34180(f) Regarding Successor Agency Transfer of Property to the City of Lake Elsinore" ( "Compensation Agreement ") and is attached hereto and incorporated herein as Exhibit A; and, WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Reso. No. SA 2016 -007 Page 2 of 3 SECTION 1. The Recitals set forth above are true and correct and incorporated herein by reference. SECTION 2. The Successor Agency hereby approves the form of the Compensation Agreement in substantially the form attached hereto as Exhibit A. SECTION 3. Upon full execution of the Compensation Agreement by the Taxing Entities and the City, the Successor Agency authorizes the Executive Director to convey the Agency Property to the City by grant deed and to take any other action and execute any documents as may be necessary to implement the conveyance of the Property to the City. SECTION 4. If 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 Successor Agency hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. SECTION 5. The Agency Secretary shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. SECTION 6. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED at a meeting of the Successor Agency of the Redevelopment Agency of the City of Lak Elsinore, California, on the 28th day, of June 2016. i Robert E. Magee, V14 Chair ATTEST: 0 n M4 LMM 2 Agency Secretary APP 0 D AS TO M: B'kbaxa Leibold Agency Counsel Attachment: Exhibit A — Compensation Agreement Reso. No. SA 2016 -007 Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, Secretary of the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, California, do hereby certify that Resolution No. SA 2016 -007 was adopted by Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, California, at the regular meeting of June 28, 2016, and that the same was adopted by the following vote: AYES: Board Members Johnson and Manos; and Vice Chair Magee NOES: None ABSENT: Board Member Hickman and Chair Tisdale ABSTAIN: None Susan M. Domen, MMC ` Agency Secretary COMPENSATION AGREEMENT PURSUANT TO HEALTH AND SAFETY CODE SECTION 34180(f) FOR LAKE ELSINORE SUCCESSOR AGENCY TRANSFER OF PROPERTIES TO CITY OF LAKE ELSINORE FOR FUTURE REDEVELOPMENT ACTIVITY This Agreement, dated for reference purposes as of , 2016, is entered into by and among the City of Lake Elsinore, the County of Riverside, the Riverside County Library System, the County of Riverside Flood Control and Water Conservation District, the County of Riverside Fire Department, the Riverside County Office of Education, the Riverside County Parks District, Mt. San Jacinto College, Elsinore Valley Cemetery District, Elsinore Valley Municipal Water District, Western Municipal Water District of Riverside County, Riverside Corona Resource Conservation District, and the Lake Elsinore Unified School District, on the basis of the following facts, understandings, and intentions of the Parties: RECITALS A. These Recitals refer to and utilize certain capitalized terms which are defined in Section 1 of this Agreement. The Parties intend to refer to those definitions in connection with the use thereof in this Agreement. B. Pursuant to the Redevelopment Dissolution Statutes, the Former RDA was dissolved as of February 1, 2012, and the Successor Agency became responsible for paying its enforceable obligations, disposing of its properties and other assets, and unwinding the affairs of the Former RDA. C. Accordingly, ownership of the Former RDA's Properties that had been acquired to implement the Redevelopment Plans of the Former RDA transferred to the Successor Agency for disposition in accordance with the Redevelopment Dissolution Statutes. D. The Successor Agency received a "Finding of Completion" from DOF on April 26, 2013, confirming that the Successor Agency had made specified required payments under the Redevelopment Dissolution Statutes, and entitling the Successor Agency to prepare and submit a Long -Range Property Management Plan (the "LRPMP ", as further defined in Section 1) to the Oversight Board and the DOF for approval. E. The Successor Agency initially prepared and obtained Oversight Board approval of its LRPMP in 20_, calling for certain Properties to be transferred by the Successor Agency to the City for future disposition by the City and development by selected Developers to implement projects identified in the Redevelopment Plan. F. Notwithstanding the timely submittal of the LRPMP, the LRPMP was not approved by December 31, 2015, the statutory deadline for approval of a LRPMP. Accordingly, on January _, 2016, DOF issued a letter specifying that the Successor Agency must dispose of its Properties in accordance with Health and safety Code Sections 34177(e) and 34181(a). G. For properties to be transferred to the City for future development, Health & Safety Code Section Code 34180(f) requires execution of a compensation agreement among the City and the Taxing Entities providing for specified proceeds of the City's subsequent disposition of the properties to be distributed to the Taxing Entities in accordance with their proportional shares of the base property tax revenues. H. City and the Taxing Entities desire to enter into this Agreement to provide for the distribution of net proceeds upon the sale of the properties transferred to the City for future development. I. The Parties desire to enter into this Agreement to provide for the execution of an appropriate compensation agreement in accordance with Health and Safety Code Section 34180(f). NOW, THEREFORE, the Parties agree as follows: Section 1. Definitions. The following definitions shall apply in this Agreement: (a) "Agreement" means this Compensation Agreement Pursuant To Health and Safety Code Section 34180(f) Regarding Lake Elsinore Successor Agency Transfer of Properties to City of Lake Elsinore For Future Redevelopment Activity, as may be amended from time to time. (b) "Applicable Fiscal Year" means each Fiscal Year of the City in which the City receives Interim Municipal Use Annual Operating Proceeds from an Interim Municipal Use of one or more of the Properties, as more fully described in Section 7. Controller. (c) "Applicable Shares" has the meaning given in Section 6(a). (d) "Auditor- Controller" means the Riverside County Auditor- (e) "City" means the City of Lake Elsinore. (f) "DDA" means, with respect to each Property, the disposition and development agreement between the City and a Developer for that Property. (g) "Developer" means, with respect to each Property, the developer to which the City disposes of that Property pursuant to a DDA. (h) "Disposition Proceeds" means, with respect to each Property, the gross purchase price and other compensation, if any, actually received by the City from the Developer in consideration for the disposition of the Property pursuant to the DDA, less the sum of the City's actual costs for the following items (but only to the extent paid from SA- 2016 -007 Attach A Compensation Agreement 2 City funds and not from funds provided by the Successor Agency, a Developer, or another separate entity), each to be documented in reasonable detail in the Disposition Proceeds Statement for the Property: (1) the City's actual, reasonable costs for normal maintenance, management and insurance of the applicable Property from the date the Property is transferred by the Successor Agency to the City pursuant to Section 4 to the date the Property is disposed of by the City to the Developer pursuant to the DDA; plus (2) the City's actual costs of any capital improvements or repairs to maintain the Property in a safe and lawful condition incurred from the date the Property is transferred by the Successor Agency to the City pursuant to Section 4 to the date the Property is disposed of by the City to the Developer pursuant to the DDA; (3) the City's actual costs of site preparation, including hazardous materials remediation and pollution legal liability insurance premiums, if any, required to be paid by the City under the DDA for the applicable Property to prepare the Property for disposition; plus (4) the City's actual, reasonable costs to pay third party vendors for appraisal, legal, real estate consultant and marketing, title company, title insurance and other costs related to Developer selection, DDA preparation and approval, and closing costs for disposition of the Property; plus (5) any broker's commissions payable by the City pursuant to the DDA for the Property. (i) "Disposition Proceeds Receipt Date" means, with respect to each Property, the date on which the City receives the proceeds from the disposition of that Property to the Developer pursuant to the DDA. 0) "Disposition Proceeds Statement" means, with respect to each Property, the statement prepared by the City and delivered to the Taxing Entities in accordance with Section 5(b). (k) "DOF" means the California Department of Finance. (1) "Effective Date" has the meaning given in Section 2. (m) "ERAF" means the Educational Revenue Augmentation Fund maintained by the Auditor - Controller. (n) "Fiscal Year" means the fiscal year of the City in effect from time to time. The current Fiscal Year period of the City commences on July 1 of each calendar year and ends on the following June 30. (o) "Former RDA" means the Redevelopment Agency of the City of Lake Elsinore. SA- 2016 -007 Attach A Compensation Agreement 3 (p) "Interim Municipal Use" means an interim use by the City of a Property, such as for pocket parks, landscape features, bus shelters, parking lots available for community events, and others similar uses. (q) "Interim Municipal Use Annual Operating Proceeds" means, for each Applicable Fiscal Year, the gross revenue actually received by the City from Interim Municipal Use of the Properties, as documented in reasonable detail in the Operating Proceeds Statement for the Applicable Fiscal Year. (r) " LRPMP" means the Long -Range Property Management Plan of the Successor Agency. (s) "Operating Proceeds Statement" means, with respect to each Applicable Fiscal Year, the statement prepared by the City and delivered to the Taxing Entities in accordance with Section 7(c). (t) "Oversight Board" means the Successor Agency's oversight board established and acting in accordance with the Redevelopment Dissolution Statutes. (u) "Parties" means all of the parties to this Agreement as set forth in the opening paragraph of this Agreement. "Party" means one of the Parties individually. (v) "Properties" mean collectively, the following three parcels of real property that are owned by the Successor Agency and that are subject to the terms of the LRPMP and this Agreement, each as more fully described in the LRPMP: (1) "Property 1 ": an approximately 6.1 acre property located between Historic Downtown and Lake Elsinore within the — area of the Project Area (consisting of five (5) parcels identified as APNs 374 - 271 -003, 004, 007, 013 and 015); (2) "Property 2 ": an approximately 2.15 acre property located at Silver and Minthorn, known as APN 377 - 180 -037 and located in the area of the Project Area; and Each of the above Properties is referred to individually as a "Property ". (w) "Redevelopment Dissolution Statutes" means collectively ABxI 26 enacted in June 2011, and AB 1484 enacted in June 2012. (x) "Redevelopment Plan" means the Consolidated Amended and Restated Redevelopment Plan for the Lake Elsinore Merged Redevelopment Project adopted by the City Council of the City by Ordinance No. 5 -2010 on March 16, 2010. (y) "Successor Agency" means the Successor Agency of the Redevelopment Agency of the City of Lake. Elsinore ". (z) "Taxing Entities" means, collectively, the following entities that comprise affected taxing entities for purposes of the Redevelopment Dissolution Statutes: SA- 2016 -007 Attach A Compensation Agreement 4 the County of Riverside, the Riverside County Library System, the County of Riverside Flood Control and Water Conservation District, the County of Riverside Fire Department, the Riverside County Office of Education, the Riverside County Parks District, Mt. San Jacinto College, Elsinore Valley Cemetery District, Elsinore Valley Municipal Water District, Western Municipal Water District of Riverside County, Riverside Corona Resource Conservation District, and the Lake Elsinore Unified School District. Section 2. Effectiveness ofAgreenicnt. This Agreement shall become effective only upon satisfaction of the following conditions: (a) Approval of this Agreement by the City and direction by the City Council to execute and implement this Agreement pursuant to Health and Safety Code Section 34180(f) (the "City Action "); and (b) Approval of this Agreement by the Oversight Board to the Successor Agency; and (c) Notification to the DOF of the Oversight Board action and effectiveness of the Oversight Board action in accordance with the provisions of Health and Safety Code Section 34179(h). Promptly following the effectiveness of this Agreement, the City and the Successor Agency shall transmit notice to all the other Parties that the Agreement is effective and specifying the date the Agreement became effective (the "Effective Date "). Section 3. Si natori.es With Respect To Certain Funds. (a) Flood Control District Funds. The County of Riverside Flood Control and Water Conservation District (the "Flood Control District ") administers the following special funds, and, in addition to entering into this Agreement for the Flood Control District itself, is authorized to, and has entered into and executed this Agreement on behalf of the following: Flood Control Administration; and Flood Control Zone 3. (b) County Superintendent Funds. The Western Municipal Water District of Riverside County administers the following special funds, and, in addition to entering into this Agreement for itself, is authorized to, and has entered into and executed this Agreement on behalf of the following: WESTERN MUNICIPAL WATER; and WESTERN MUNICIPAL WATER I ST FRINGE. (c) Lake Elsinore Unified School District. The Lake Elsinore Unified School District administers the following special funds, and, in addition to entering into SA- 2016 -007 Attach A Compensation Agreement 5 this Agreement for itself, is authorized to, and has entered into and executed this Agreement on behalf of the following: LAKE ELSINORE UNIFIED SCHOOL DISTRICT; and ELSINORE AREA ELEMENTARY SCHOOL FUND. Section 4. Conveyance of Properties To City. Promptly following the Effective Date, and in consideration for the distributions to the Taxing Entities by the City through the Auditor - Controller set forth in Section 6, the Successor Agency shall convey, and the City shall accept, all of the interest in and to the Properties (subject to the special provisions regarding the conveyance of the Properties). The Successor Agency shall convey the Properties by grant deed in form reasonably acceptable to the Successor Agency and the City. Section 5. Disposition of Properties B Cit . Within a time frame determined by the City to yield a financially feasible and marketable development, the City shall use diligent good faith efforts to select a Developer for each Property, negotiate and obtain approval and execution of the DDA for each Property, and dispose of each Property to the Developer in accordance with the applicable DDA. City shall obtain the Disposition Proceeds for distribution through the Auditor - Controller to the Taxing Entities pursuant to Section 6 and to enable development of each Property in accordance with the Redevelopment Plan. As required by Government Code Section 52201, the purchase price payable to the City for each Property under the applicable DDA shall be an amount that is determined to be not less than the Property's fair market value at highest and best use, or the Property's fair reuse value at the use and with the covenants and conditions and development costs authorized by the applicable DDA. With respect to Property 1 and Property 2, by not later than the date of first published notice of the City Council public hearing for the applicable DDA (the "DDA Public Hearing Notice "), the City shall provide each Taxing Entity with a copy of the DDA Public Hearing Notice (including the date, time and location of the public hearing and the location at which the proposed DDA may be inspected and copied), and a statement setting forth the proposed purchase price to be paid to the City under the proposed DDA. Upon the execution of the DDA for each Property, the City shall transmit a copy of the executed DDA to the other Parties. Section 6. Compensation To Taxing.Entities Related To Disposition Proceeds. (a) Distribution of Disposition Proceeds. Within fifteen (15) days after the Disposition Proceeds Receipt Date with respect to each Property, the City shall remit the Disposition Proceeds for that Property to the Auditor - Controller for subsequent distribution by the Auditor - Controller among the Taxing Entities in proportion to their shares of the base property tax (the "Applicable Shares "), as determined by the Auditor - Controller pursuant to Health and Safety Code Section 34188. The attached Exhibit B shows, for illustrative purposes only, the Applicable Shares of the Taxing Entities that SA- 2016 -007 Attach A Compensation Agreement 6 would have applied to a distribution under this Section 6 had the distribution been made on June 1, 2016, as provided by the Auditor - Controller. (b) Accounting Requirements. At the time of each distribution pursuant to subsection (a), the City shall provide to the Taxing Entities and the Auditor - Controller a statement prepared in accordance with sound accounting practice that provides the City's calculation of the Disposition Proceeds (the "Disposition Proceeds Statement "). The City shall keep complete, accurate and appropriate books and records of its calculation of the Disposition Proceeds with respect to each distribution. The Auditor - Controller shall have the right, on behalf of the Taxing Entities and upon reasonable written notice to City, to audit and examine such books, records and documents and other relevant items in the possession of City, but only to the extent necessary for a proper determination of Disposition Proceeds. Section 7. Com ensation To Taxing Entities Related To Interim Municipal Use Annual Operating Proceeds. (a) Applicability. The provisions of this Section 7 shall apply for each Fiscal Year in which one or more of the Properties is used for an Interim Municipal Use and generates Interim Municipal Use Annual Operating Proceeds to the City (each, an "Applicable Fiscal Year "). Nothing in this Agreement shall obligate the City to charge any fees or other amounts or to collect any revenues with respect to an Interim Municipal Use of any of the Properties. (b) Distribution of Interim Municipal Use Annual Operating Proceeds. Within ninety (90) days after the end of each Applicable Fiscal Year, the City shall remit the Interim Municipal Use Annual Operating Proceeds for that Applicable Fiscal Year to the Auditor - Controller for subsequent distribution by the Auditor - Controller among the Taxing Entities in proportion to their Applicable Shares, as determined by the Auditor - Controller pursuant to Health and Safety Code Section 34188. The attached Exhibit B shows, for illustrative purposes only, the Applicable Shares of the Taxing Entities that would have applied to a distribution under this Section 7 had the distribution been made on January 1, 2014, as provided by the Auditor - Controller. (c) Accounting Requirements. At the time of each distribution pursuant to subsection (a), the City shall provide to the Taxing Entities and the Auditor - Controller a statement prepared in accordance with sound accounting practice that provides the City's calculation of the Interim Municipal Use Annual Operating Proceeds (the "Operating Proceeds Statement "). The City shall keep complete, accurate and appropriate books and records of its calculation of the Interim Municipal Use Annual Operating Proceeds with respect to each distribution. The Auditor - Controller shall have the right, on behalf of the Taxing Entities and upon reasonable written notice to City, to audit and examine such books, records and documents and other relevant items in the possession of City, but only to the extent necessary for a proper determination of the Interim Municipal Use Annual Operating Proceeds. SA- 2016 -007 Attach A Compensation Agreement 7 Section 8. Term of Agreement: Early Termination. (a) Term. The term of this Agreement shall commence on the Effective Date and, unless sooner terminated as otherwise provided in this Agreement, shall expire upon the distribution by the City of all amounts owed to the Taxing Entities under this Agreement. (b) Early Termination. Notwithstanding any other provision of this Agreement, a Party may terminate this Agreement upon written notice to the other Parties if a court order, legislation, or DOF policy reverses DOF's directive regarding the need for this Agreement and the payment of compensation by the City pursuant to Health and Safety Code Section 34180(1) (an "Early Termination "). An Early Termination shall become effective five (5) days after the terminating Party delivers the required notice to the other Parties in accordance with Section 9(a). Upon effectiveness of an Early Termination, no Party shall have any further rights or obligations under this Agreement, and the City may retain the Disposition Proceeds from the disposition of any Property for which the City has not yet received the Disposition Proceeds as of the effective date of the Early Termination, and may retain any Interim Municipal Use Annual Operating Proceeds for which the City was not required to make the distribution to the Taxing Entities as of the effective date of the Early Termination; provided, however, that the City shall have no right to recover any Disposition Proceeds or any Interim Municipal Use Annual Operating Proceeds from any Taxing Entity that were distributed by the City prior to the effective date of the Early Termination. Section 9. Miscellaneous Provisions. (a) Notices. All notices, statements, or other communications made pursuant to this Agreement to another Party or Parties shall be in writing, and shall be sufficiently given and served upon the Party if sent by (1) United States certified mail, return receipt requested, postage prepaid, or (2) nationally recognized overnight courier, with charges prepaid or charged to sender's account, and addressed to the applicable Party in the manner specified in the attached Exhibit A. Any Party may change its address for notice purposes by written notice to the other Parties prepared and delivered in accordance with the provisions of this Section 9(a). (b) No Third Party Beneficiaries. No person or entity other than the Parties and their permitted successors and assigns, shall have any right of action under this Agreement. (c) Litigation Regarding Agreement. In the event litigation is initiated attacking the validity of this Agreement, each Party shall in good faith defend and seek to uphold the Agreement. (d) State Law; Venue. This Agreement, and the rights and obligations of the* Parties hereto, shall be construed and enforced in accordance with the laws -of the State of California. Any action to enforce or interpret this Agreement shall be filed and SA- 2016 -007 Attach A Compensation Agreement 8 heard in the Superior Court of Riverside County, California or in the Federal District Court for the Northern District of California. (e) Attorneys' Fees. In any action which a Party brings to enforce its rights hereunder, the unsuccessful Party or Parties shall pay all costs incurred by the prevailing party, including reasonable attorneys' fees. (f) Entire Agreement; Amendment. This Agreement constitutes the entire and integrated agreement of the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be modified only in writing and only if signed by all of the Parties and approved by the Oversight Board and the DOF, except as otherwise provided below. If, at the time of a proposed amendment of this Agreement, the Successor Agency and the Oversight Board have been terminated in accordance with the applicable provisions of the Redevelopment Dissolution Statutes, then the proposed amendment shall not require execution by the terminated Successor Agency or approval by the terminated Oversight Board. In that event, to obtain the approval of the DOF for such proposed amendment, the City shall transmit the proposed amendment to the DOF on behalf of the remaining Parties and seek the timely approval by the DOF for such amendment. (g) Coifnterp ils. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon, provided such signature page is attached to any other counterpart identical thereto having additional signature pages executed by the other Parties. Any executed counterpart of this Agreement may be delivered to the other Parties by facsimile and shall be deemed as binding as if an originally signed counterpart was delivered. (h) Non - Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the waiving Parties. (i) No Partnership. Nothing contained in this Agreement shall be construed to constitute any Party as a partner, employee, joint venturer, or agent of any other Party. (j) Ambiguities. t� ities. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement. (k) 1 JxIi i bits. The following exhibits are incorporated in this Agreement by reference: Exhibit A: List of Addresses for Notice Purposes Exhibit B: Taxing Entities Applicable Shares of Property Taxes SA- 2016 -007 Attach A Compensation Agreement 9 p) Severability. If any term, provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect unless an essential purpose of this Agreement is defeated by such invalidity or unenforceability. (m) Action or Ala rn oval. Whenever action and /or approval by the City is required under this Agreement, the City Manager or his or her designee may act on and /or approve such matter unless specifically provided otherwise, or unless the City Manager determines in his or her discretion that such action or approval requires referral to the City Council for consideration. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the dates set forth in the opening paragraph of this Agreement. SIGNATURE PAGES FOLLOW: SA- 2016 -007 Attach A Compensation Agreement 10 Dated: APPROVED AS TO FORM: LEIBOLD MCCLENDON & MANN, P.C. Barbara Leibold, City Attorney Dated: Dated: Dated: Dated: SA- 2016 -007 Attach A Compensation Agreement CITY OF LAKE ELSINORE By: Robert E Magee, Mayor Pro Tem COUNTY OF RIVERSIDE By: Its: RIVERSIDE COUNTY LIBRARY SYSTEM By: Its: RIVERSIDE COUNTY FIRE DEPARTMENT By: Its: LAKE ELSINORE UNIFIED SCHOOL DISTRICT By: Its: Dated: Dated: Dated: Dated: MT. SAN JACINTO COLLEGE By: Its: LAKE ELSINORE UNIFIED SCHOOL DISTRICT By: Its: RIVERSIDE COUNTY OFFICE OF EDUCATION By: Its: RIVERSIDE COUNTY PARKS DISTRICT By: Its: RIVERSIDE CO. FLOOD CTRL. & WATER CONSERVATION DISTRICT Dated: By: Its: SA- 2016 -007 Attach A Compensation Agreement Dated: Dated: Dated: Dated: Dated: SA- 2016 -007 Attach A Compensation Agreement ELSINORE VALLEY CEMETERY DISTRICT By: Its: ELSINORE VALLEY MUNICIPAL WATER DISTRICT By: Its: WESTERN MUNICIPAL WATER DISTRICT OF RIVERSIDE COUNTY By: Its: WESTERN MUNICIPAL WATER DISTRICT OF RIVERSIDE COUNTY By: Its: RIVERSIDE CORONA RESOURCE CONSERVATION DISTRICT By: Its: EXHIBIT A Mr. Paul Angulo, Auditor - Controller Riverside County Auditor - Controller's Office 4080 Lemon St, 11th floor Riverside, CA 92502 -0868 Mr. Rob Field, Asst. Co. Exec. Officer /Economic Development Agency Riverside County Library System EDA, Cultural Services 3403 10th Street, Suite 400 Riverside, CA 92501 Mr. John R. Hawkins, Fire Chief Riverside County Fire Department Administration and Operations 210 W. San Jacinto Avenue Perris, CA 92570 Mr. Grant Yates, City Manager City of Lake Elsinore City Administration 130 South Main Street Lake Elsinore, CA 92530 Mr. Doug Kimberly, Ed. D., Superintendent Lake Elsinore Unified School District Office of Superintendent 545 Chaney Street Lake Elsinore, CA 92530 -2723 Mr. Roger W. Schultz, Superintendent/President Mt. San Jacinto College Administration 1499 North State Street San Jacinto, CA 92583 -2399 SA- 2016 -007 Attach A Compensation Agreement EXHIBIT A Page 1 Mr. Doug Kimberly, Ed. D., Superintendent Lake Elsinore Unified School District Office of Superintendent 545 Chaney Street Lake Elsinore, CA 92530 -2723 Mr. Kenneth M. Young, Superintendent Riverside County Office of Education Office of Superintendent 3939 Thirteenth Street Riverside, CA 92501 Mr. Scott Bangle, General Manager Riverside County Parks District Executive Team 4600 Crestmore Road Riverside, CA 92509 -6858 Mr. Warren D. "Dusty" Williams, General Mgr. - Chief Engineer Riverside Co. Flood Ctrl. & Water Conservation District District Office 1995 Market Street Riverside, CA 92501 Mr. Warren D. "Dusty" Williams, General Mgr. - Chief Engineer Riverside Co. Flood Ctrl. & Water Conservation District District Office 1995 Market Street Riverside, CA 92501 Ms. Denice Enochs, District Manager Elsinore Valley Cemetery District District Office 18170 Collier Avenue Lake Elsinore, CA 92530 SA- 2016 -007 Attach A Compensation Agreement EXHIBIT A Page 2 Mr. John D. Vega, General Manager Elsinore Valley Municipal Water District Administration 31315 Chaney Street Lake Elsinore, CA 92531 Mr. John V. Rossi, General Manager Western Municipal Water District of Riverside County Management 14205 Meridian Parkway Riverside, Ca 92518 Mr. John V. Rossi, General Manager Western Municipal Water District of Riverside County Management 14205 Meridian Parkway Riverside, Ca 92518 Ms. Shelli Lamb, District Manager Riverside Corona Resource Conservation District District Office 4500 Glenwood Drive, BLDG A Riverside, CA 92501 SA- 2016 -007 Attach A Compensation Agreement EXHIBIT A Page 3 EXHIBIT B ILLUSTRATIVE TAXING ENTITIES APPLICABLE SHARES OF PROPERTY TAXES 'I axin Enti /Fund Propert Tax Share Riverside County General 11.06% County Free Library 1.20% County Structure Fire Protection 4.89% Lake Elsinore General Fund 10.17% Lake Elsinore Unified School District 39.94% Mt. San Jacinto Junior College 4.80% Elsinore Area Elementary School Fund 8.75% Riverside County Office of Education 4.94% Riverside Co. Regional Park & Open Space 0.27% Flood Control Administration 0.20% Flood Control Zone 3 2.79% Elsinore Valley Cemetery 0.83% Elsinore Valley Municipal Water 9.04% Western Municipal Water 1.08% Western Municipal Water 1St Fringe 0.03% Riverside Corona Resource Conservation 0.01% SA- 2016 -007 Attach A Compensation Agreement EXHIBIT B