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HomeMy WebLinkAbout2026-006 CFD 2015-4 (Terracina) Approving JCFA and Acquisition, Construction, and Funding AgreementRESOLUTION NO. 2026-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT AND AN ACQUISITION, CONSTRUCTION, AND FUNDING AGREEMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2015-4 OF THE CITY OF LAKE ELSINORE (TERRACINA) Whereas, the City Council of the City of Lake Elsinore (the “City”), located in Riverside County, California (hereinafter sometimes referred to as the “legislative body of the District”), previously formed Community Facilities District No. 2015-4 (Terracina) of the City of Lake Elsinore (the “District”) pursuant to the terms and provisions of the Mello Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”); and Whereas, subsequent to the formation of the District, the District received a petition signed by the property owner within the District, requesting that the District approve a new rate and method of apportionment for the District (the “Change Proceedings”); and Whereas, on March 8, 2022, following the close of a noticed public hearing, the City Council adopted Resolution No. 2022-25, which called a special election on March 8, 2022 within the District on the approval of the Change Proceedings; and Whereas, on March 8, 2022, a special election was held within the District at which the qualified electors approved by more than a two-thirds vote, the Change Proceedings; 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, Elsinore Valley Municipal Water District (the “Water District”), previously authorized the use of the District to finance water and/or sewer facilities that will be constructed, owned and operated by the Water District and have requested the City to enter into a joint community facilities agreement that would permit the District to finance such facilities, the form of which is on file with the Secretary of this City Council and which is incorporated herein by this reference (the “Joint Community Facilities Agreement”); and Whereas, KB HOME COASTAL, INC., a California corporation (the “Developer”), owns property within the District; and Whereas, the Developer and the City (acting for itself and on behalf of the District) desire to enter into the Acquisition, Construction and Funding Agreement in the form on file with the City Clerk (the “Acquisition Agreement”), to constitute a formal understanding between the Developer and the City concerning financial and other obligations and responsibilities related to the Improvements to be financed by the District, and to set forth the conditions upon which the District will reimburse the Developer or its designee for certain costs of the Improvements constructed by or on behalf of the Developer, including from proceeds of the Bonds, to the extent available; Docusign Envelope ID: 3F20A0E3-A477-4124-8438-069EF5B3A2CD CC Reso. No. 2026-6 Page 2 of 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: 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 on file with the City Clerk and determines that the Joint Community Facilities Agreement will be beneficial to the residents of the territory served by the City and included within the jurisdictional boundaries of the District. The Mayor, the City Manager, the Assistant City Manager, or their written designees are each 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. Section 3. The City Council hereby approves the Acquisition Agreement in substantially the form presented to the City Council at this meeting. The Mayor, the City Manager, and the Assistant City Manager are each hereby authorized and directed to execute and deliver the Acquisition 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. Section 4. This Resolution shall be effective upon its adoption. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 13th day of January 2026. Robert E. Magee Mayor Attest: Candice Alvarez, MMC City Clerk / // Docusign Envelope ID: 3F20A0E3-A477-4124-8438-069EF5B3A2CD CC Reso. No. 2026-6 Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2026-6 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of January 13, 2026 and that the same was adopted by the following vote: AYES: Council Members Tisdale, Manos, and Carroll; Mayor Pro Tem Sheridan; and Mayor Magee NOES: None ABSENT: None ABSTAIN: None Candice Alvarez, MMC City Clerk Docusign Envelope ID: 3F20A0E3-A477-4124-8438-069EF5B3A2CD