HomeMy WebLinkAboutCC Reso No 2019-035 Approve Joint Community Facilities with EVMWD & McMillin SummerlyRESOLUTION NO. 2019 -035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT
WITH ELSINORE VALLEY MUNICIPAL WATER DISTRICT AND MCMILLIN
SUMMERLY, LLC FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT NO. 2006 -1 (SUMMERLY)
Whereas, the City Council of the City of Lake Elsinore (the "City ") has formed the City of Lake
Elsinore Community Facilities District No. 2006 -1 (Summerly) (the "District ") and designated
improvement areas therein pursuant to the Mello -Roos Community Facilities Act of 1982, as
amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State
of California (the "Act "); and
Whereas, pursuant to Section 53316.2 of the Act, a community facilities district is authorized to
finance facilities to be owned or operated by an entity other than the agency that created the
community facilities district pursuant to a joint community facilities agreement; and
Whereas, the City, Elsinore Valley Municipal Water District (the "Water District ") and the prior
developer within the District had previously entered into a joint community facilities agreement
which has since expired in accordance with its terms; and
Whereas, McMillin Summerly, LLC, a Delaware limited liability company (the "Developer "), as the
current developer within the District intends to provide the required infrastructure for the remaining
planned residential units in the District, which includes infrastructure facilities to be owned and
operated by the Water District; and
Whereas, the Developer has requested that the City enter into a joint community facilities
agreement with the Developer and the Water District in order to allow a portion of the proceeds
of bonds to be issued by the District to finance facilities to be owned and operated by the Water
District; and
Whereas, the City Council desires to approve the form of the joint community facilities agreement
(the "Joint Community Facilities Agreement ") in the form presented at this meeting.
NOW, THEREFORE, THE CITY COUNCIL, ACTING AS THE LEGISLATIVE BODY OF
CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006 -1 (SUMMERLY),
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOW:
Section 1. Each of the above recitals is true and correct.
Section 2. Pursuant to Section 53316.2 of the Act, this City Council hereby approves the Joint
Community Facilities Agreement substantially in the form presented at this meeting and each of
the Mayor, the City Manager, the Assistant City Manager, or their written designees are hereby
authorized and directed to execute and deliver the Joint Community Facilities Agreement in said
form with such changes, insertions and omissions as may be approved by the officer or officers
executing such agreement, said execution and delivery being conclusive evidence of such
approval.
CC Reso. No. 2019 -035
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Section 3. This Resolution shall be effective upon its adoption.
Passed and Adopted on this 14th day of May 201 �
Attest:
;.-
Mark Mahan
Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Mark Mahan, Deputy City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2019 -035 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of May 14, 2019, and that the same was adopted by the following vote:
AYES: Council Members Sheridan, Johnson and Magee; Mayor Pro -Tern Tisdale and Mayor Manos
NOES: None
ABSENT: None
ABSTAIN: None
Mark Mahan
Deputy City Clerk
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