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HomeMy WebLinkAboutOB Reso No 2016-004 Affordable Housing Purposes in Accordance with Health & SafetyRESOLUTION NO. 2016 -004 A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING A PURCHASE AND SALE AGREEMENT FOR THE SALE OF REAL PROPERTY TO THE CITY OF LAKE ELSINORE, IN ITS CAPACITY AS THE SUCCESSOR TO THE HOUSING ASSETS AND FUNCTIONS OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE UNDER HEALTH & SAFETY CODE SECTION 34176(a)(1), FOR AFFORDABLE HOUSING PURPOSES IN ACCORDANCE WITH HEALTH & SAFETY CODE SECTION 34176.1(a)(3)(A) WHEREAS, the Oversight Board (the "Oversight Board ") to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore (the "Successor Agency ") has been established to oversee the wind down of the affairs of the former Redevelopment Agency of the City of Lake Elsinore ( "Agency ") in accordance with the California Health and Safety Code ( "HSC ") Section 34179; and, WHEREAS, the Successor Agency completed the Due Diligence Reviews ( "DDRs ") required under HSC Section 34179.5 and submitted them for approval to the Oversight Board and the California Department of Finance ( "DOF "); and, WHEREAS, the Oversight Board and the DOF reviewed and approved the DDRs; and, WHEREAS, as a result of the approval of the DDRs and resulting payments of funds to the county auditor - controller, DOF issued the Successor Agency a "Finding of Completion" as described in HSC Section 34179.7; and, WHEREAS, as a result of its receipt of Finding of Completion, the SuccessorAgency was required to (i) prepare a "Long Range Property Management Plan" ( "LRPMP ") meeting the requirements of HSC Section 34191.5(c), and (ii) submit the LRPMP to the Oversight Board and the DOF for approval within six months of the date of the Finding of Completion; and, WHEREAS, the Successor Agency prepared its LRPMP in accordance with HSC Section 34191.5(c) and submitted it to the Oversight Board for approval; and, WHEREAS, the Oversight Board previously approved the LRPMP and directed that it be submitted to the DOF for approval in accordance with HSC Section 34191.5(c); and, WHEREAS, notwithstanding the timely approval and submission of the LRPMP by the Oversight Board, DOF did not approve the LRPMP by December 31, 2015; and, WHEREAS, as a result, the statutory requirements for disposition of real property set forth in HSC Sections 34181(a) and 34177(e) currently apply to the disposition of property by the Successor Agency; and, WHEREAS, the City of Lake Elsinore ( "City "), in its capacity as successor to the housing assets and functions of the former Agency, has indicated a desire to purchase certain properties owned by the Successor Agency ( "Disposition Parcels ") for affordable housing purposes; and, OB Resolution No. 2016 -004 Page 2 WHEREAS, the City proposes to purchase the Disposition Parcels utilizing funds from the Low and Moderate Income Housing Asset Fund, at a price equal to fair market value as determined by an appraisal prepared by a third party, licensed appraiser; and, WHEREAS, the Oversight Board has been provided with appraisals for the Disposition Properties and a form of Purchase and Sale Agreement between the City and the Successor Agency; and, WHEREAS, the Oversight Board desires to approve a Purchase and Sale Agreement to be entered into by the Successor Agency for the sale of the Disposition Properties; and WHEREAS, the Oversight Board desires to direct the Successor Agency to utilize the proceeds from the sale of the Disposition Properties to pay enforceable obligations of the Successor Agency; and, WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. 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. The Oversight Board hereby approves and directs the entry by the Successor Agency into a Purchase and Sale Agreement for the sale of the Disposition Properties substantially in the form attached hereto. The Successor Agency is directed to utilize the proceeds of the sale of the Disposition Properties to make payments on the enforceable obligations listed on any ROPS approved by DOF, with excess proceeds (if any) to be distributed to other taxing entities in accordance with HSC Section 34179.5(c)(2)(B). SECTION 3. The Successor Agency is authorized and directed to sell and transfer the Disposition Parcels as soon as reasonably practical after DOF approval of this Resolution. SECTION 4. The Successor Agency and its staff are authorized and directed to do any and all things, and to execute any and all documents, including, without limitation, a Purchase and Sale Agreement substantially in the form attached hereto, which they may deem necessary or advisable to effectuate this Resolution. Any previously -taken acts or previously- executed documents in furtherance of the subject matter hereof are hereby ratified. SECTION 5. 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 Oversight Board hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. SECTION 6. Pursuant to Health and Safety Code Section 34179(h), this Resolution shall be effective five (5) business days after proper notification hereof is given to the California Department of Finance unless the California Department of Finance requests a review of the actions taken in this Resolution, in which case this Resolution will be effective upon approval by the California Department of Finance. OB Resolution No. 2016 -004 Page 3 PASSED AND ADOPTED at a Special meeting of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, held this 7th day of July, 2016. G:;*K61ley, Chairperson . A rmST: �Su;an M. Domen, MMC Clerk STATE OF CALIFORNIA ] COUNTY OF RIVERSIDE } ss. CITY OF LAKE ELSINORE } I, Susan M. Domen, Clerk of the Oversight Board of the City of Lake Elsinore, California, hereby certify that Resolution No. OB- 2016 -004 was adopted by the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, California, at a special meeting held on the 7th day of July 2016, and that the same was adopted by the following vote: AYES: Board Members Jeffries, NOES: None ABSENT: Board Member Tisdale ABSTAIN: None Lassey, M. Williams and P. Williams, and Chair Kelley Susan --M. Domen, MMC Clerk of the Oversight Board y