HomeMy WebLinkAbout0005_2_OB Reso - Transfer of PropertiesRESOLUTION NO. OB2018- _
A RESOLUTION OF THE OVERSIGHT BOARD TO 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);
AND (2) TRANSFER OF CERTAIN PROPERTIES 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 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; and
WHEREAS,the Successor Agencyis the owner of certain real propertieslocated in the
historic downtown ofthe City of Lake Elsinore (“City”) on Main Street and Ellis Street and more
particularly described as Assessor Parcel Numbers 373-025-007, 373-025-014, 373-025-024,
and 373-025-027(collectively, “Properties”); 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 CaliforniaSupreme 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 Propertieswas
transferred to the Successor Agency for disposition in accordance with the Dissolution Law; and
WHEREAS,applicable law permits the Propertiesto be conveyed by the Successor
Agency to the Cityfor 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 Properties. 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 OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF
THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, CALIFORNIADOES
HEREBY RESOLVEAS FOLLOWS:
SECTION 1:The Recitals set forth above are true and correct and incorporated
herein by reference.
OBResolution No. 2018- _
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SECTION 2:The Oversight Board hereby approvesthe 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 Oversight Board authorizes the Successor Agency to convey the
Properties to the City and to take any other action and execute any documents as may be
necessary to implement the conveyance of the Properties to the City, pursuant to Health and
Safety Code section 34181, subdivision (a).
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 Oversight Board
hereby declares that it would have adopted this Resolution irrespective of the invalidity of any
particular portion thereof.
SECTION 5: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, APPROVEDAND ADOPTED by the Oversight Board to the Successor
Agency of the Redevelopment Agency of the City of Lake Elsinore, California, this 16thday of
May, 2018.
Genie Kelley
Chair
ATTEST:
Susan M. Domen, MMC
Oversight BoardSecretary
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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 of the City of Lake Elsinore, California, hereby certify that Resolution
No. OB 2018-______ was adopted to the Oversight Board to the Successor Agency of the
Redevelopment Agency of theCity 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
Oversight BoardSecretary
Attachment:Exhibit A –Compensation Agreement
EXHIBIT A
COMPENSATIONAGREEMENT
[See Attached]