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HomeMy WebLinkAboutOB Reso No 2016-008 Transfer Property Cultural CenterRESOLUTION NO. 2016 -008 A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TRANSFER OF CULTURAL CENTER AND DOWNTOWN PARKING PROPERTY BY THE SUCCESSOR AGENCY TO THE CITY OF LAKE ELSINORE FOR FUTURE DEVELOPMENT Whereas, the Oversight Board (Oversight Board) to the Successor Agency to the Redevelopment Agency of the City of Lake Elsinore (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 & Safety Code Section 34179; and, Whereas, the Successor Agency is the owner of certain real property located on Main Street across from the City of Lake Elsinore Cultural Center between Heald Avenue and Peck Street in the City of Lake Elsinore (City), commonly referred to as the "Cultural Center and Downtown Parking Property" and described on Exhibit A hereto; and, Whereas, on June 29, 2011, the Legislature of the State of California (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 Cultural Center and Downtown Parking 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, in accordance with the LRPMP, the Successor Agency and the Oversight Board twice approved the transfer of the Cultural Center and Downtown Parking Property to the City as "governmental purpose" property as defined by the Dissolution Law, and in both instances the transfers were not approved by the Department of Finance; and, Whereas; the Oversight Board now desires to approve the transfer the Cultural Center and Downtown Parking Property by the Successor Agency to the City for future development; and, Whereas, applicable law permits the Cultural Center and Downtown Parking 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 (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 Cultural Center and Downtown Parking Property. A form of Compensation Agreement was approved by the Successor Agency on June 28, 2016, and by the Oversight Board on July 7, 2016. The previously approved agreement is entitled "Compensation Agreement Pursuant to Health & Safety Code 34180(f) Regarding Successor Agency Transfer of Property to the City of Lake Elsinore "; and, OB Reso No. 2016 -008 Page 2 of 3 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 the transfer of the ownership of the Cultural Center and Downtown Parking Property to the City for future development in accordance with Health & Safety Code Section 34180(f). Upon full execution of the Compensation Agreement by the Taxing Entities and the City, the Oversight Board authorizes the Successor Agency to convey the Cultural Center and Downtown Parking Property to the City by grant deed in accordance with applicable law and to take any other action and execute any documents as may be necessary to implement the conveyance of the Cultural Center and Downtown Parking Property to the City. Section 3. 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 4. 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. PASSED AND ADOPTED at a Special meeting of the Oversight Board to the Successor Agency of the Redevelopment Agency this 29th day of September, 2016. _ ;1�4nie Kelley, Chair ATT T. �' " 5-+ an M. Domen, MMC Oversight Board Secretary Attachment: Exhibit A — Cultural Center and Downtown Parking Property OB Reso No. 2016 -008 Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, Secretary of the Oversight Board to the Successor Agency of the Redevelopment Agency, do hereby certify that Resolution No. 2016 -008 was adopted by the Oversight Board to the Successor Agency of the Redevelopment Agency at a Special meeting held on the 29th day of September, 2016, by the following vote: AYES: Board Members Jeffries, Lassey, M. Williams and P Williams; and Chair Kelley NOES: None ABSTAIN: None ABSENT: Board Member Tisdale -- 1Su. Dom e�nM M �C Oversight Board Secretary EXHIBIT A CULTURAL CENTER AND DOWNTOWN PARKING PROPERTY APN 373 - 023 -011 APN 373 - 023 -012 APN 373 - 023 -015 APN 373 - 023 -024 APN 373 - 023 -025