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HomeMy WebLinkAboutResolution - FA 14-02 k STATE OF CALIFORNIA ) RESOLUTION NO. FA 14-02 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE SAN JACINTO FINANCING AUTHORITY, CALIFORNIA, RESCINDING RESOLUTION NO. FA 14-01, CONCERNING THE AUTHORIZATION FOR THE WAIVER OF CERTAIN AMOUNTS IN SATISFACTION OF JUDGMENT IN JUDICIAL FORECLOSURE AND FOR SUBSEQUENT DELINQUENT SPECIAL TAXES AS TO NEW PROPERTY OWNER WHEREAS, the San Jacinto Financing Authority (the "Authority") owns all of the bonds (the "Bonds") issued by City of San Jacinto Community Facilities District No. 2002-1 (Rancho San Jacinto Phase 2) ("District"); and WHEREAS, the City Council ("City Council") of the City of San Jacinto ("City") acts as the legislative body of the District which was duly formed on or about September 10, 2002; and WHEREAS, on April 11, 2011, the City, on behalf of the bondholders for the District, obtained a Judgment in Judicial Foreclosure; Order of Sale Thereon in the amount of $1,412,741.74 against seven parcels of vacant real property owned by Ocean Springs, LLC for delinquent special taxes for Tax Years 2008/09 and 2009/10; and WHEREAS, on December 1, 2011, a Sheriffs Sale Under Foreclosure was held under the City's judgment for the Ocean Springs property with a minimum bid of $1,480,887.72 but there were no bidders and the judgment remains unsatisfied; and WHEREAS, subsequently, the special taxes for the Ocean Springs property became delinquent for Tax Years 2010/11, 2011/12 and 2012/13 and these delinquent installments have been removed from the Riverside County Tax Roll and forwarded to foreclosure counsel; and WHEREAS, subsequently, certain of the Ocean Springs property was conveyed to Tower Music City, LLC which has now requested a waiver of the statutory penalties and post-judgment interest in order to satisfy the judgment related to five (5) of the parcels and redeem these parcels from foreclosure for the unpaid subsequent delinquencies; and WHEREAS, California Government Code section 53340(f)(1) authorizes the legislative body to waive all delinquent penalties and redemption penalties for 09960.000=8688377.2 owners unrelated to the owner responsible for the delinquencies under certain conditions; and WHEREAS, On April 1, 2014, the Authority adopted Resolution No. FA 14-01, a resolution waiving all delinquent penalties and redemption penalties for owners unrelated to the owner responsible for the delinquencies under certain conditions; and WHEREAS, at the time of the Authority's adoption of such resolution, it was reported to the Authority that the new property owner would develop the property as residential uses; and WHEREAS, since the time of the Authority's adoption of such resolution, however, the Authority has independently learned that the new owner intends to transfer several of the parcels to Eastern Municipal Water District, for groundwater recharge purposes, using recycled water; and WHEREAS, the Authority believes that this new information is material to the Authority's determination of how to proceed with this property, and that further information and study is required before the Authority would support such uses; and WHEREAS, therefore, the Authority wish to rescind Resolution No. FA 14- 01, in order to enable the Authority to more fully explore the proposed use of the property and that use's impact to the City, the Authority, the bondholders, and other taxpayers. NOW, THEREFORE, THE SAN JACINTO FINANCING AUTHORITY RESOLVES AS FOLLOWS: SECTION 1.The Recitals set forth above are true and correct and are hereby incorporated and adopted as findings by the Authority as though fully set forth herein. SECTION 2.Based on the Authority's discovery of the above-referenced material facts, which were withheld from the Authority staff and the Authority by Tower Music City, LLC and Eastern Municipal Water District, the Authority hereby rescinds Resolution No. FA 14-01 adopted on April 1, 2014. SECTION 3.If any provision or clause of this Resolution or its application to any particular set of facts or circumstances is held invalid, such invalidity shall not affect other provisions of this Resolution that can be given effect without the invalid provision or application, and to this end, the provisions of this Resolution are declared to be severable. SECTION 4. This Resolution shall become effective on the date on which it is adopted. 2 09960.00000\8688377.2 PASSED, APPROVED AND ADOPTED, this 15th day of April, 2014, by the following vote. Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma Nays: None Absent: None Abstain: None City of San Jacinto Finance Authority / noZ, A z Alonso Ledezma, Chairm l� ATTEST: ii� lJLt ' Richard Miller, Secretary APPROVED AS TO FORM: Best Best & Krieger LLP iS Jeffrey-6. Ballinger, G eral Counsel 3 09960.00000\8688377.2