HomeMy WebLinkAbout0004_4_SA Reso 2016-0___ - Transfer of Properties 062816RESOLUTION NO. SA 2016-0
A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF LAKE ELSINORE APPROVING (1) THE FORM OF
A COMPENSATION AGREEMENT PURSUANT TO HEALTH & SAFETY
CODE SECTION 34180(f) FOR TAXING ENTITY COMPENSATION FOR
DISTRIBUTION OF THE NET PROCEEDS FROM THE SALE OF
PROPERTIES TO BE TRANSFERRED TO THE CITY FOR FUTURE
DEVELOPMENT; AND (2) TRANSFER BY THE SUCCESSOR AGENCY TO
THE CITY OF LAKE ELSINORE THE PROPERTY AT SILVER AND
MINTHORN AND THE PROPERTIES ON SPRING AT LAKESHORE 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
and Minthorn and certain properties on Spring at Lakeshore 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.
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
RESOLUTION NO. SA 2016-0
Page 2
NOW, THEREFORE, 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 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 this 28th day of June, 2016.
Robert E. Magee, Vice Chair
ATTEST:
Susan M. Domen, MMC
Agency Secretary
APPROVED AS TO FORM:
Barbara Leibold
Agency Counsel
Attachment:Exhibit A – Compensation Agreement
RESOLUTION NO. SA 2016-0
Page 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. ______ was adopted
by Successor Agency of the Redevelopment Agency of the the City of Lake Elsinore, California,
at the regular meeting of _________, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan M. Domen, MMC
Agency Secretary