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HomeMy WebLinkAboutResolution - 3543 STATE OF CALIFORNIA ) RESOLUTION NO. 3543 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING A MEMORANDUM A MEMORANDUM OF UNDERSTANDING WITH RESPECT TO CFD 2002-1. WHEREAS, the City of San Jacinto has formed its Community Facilities District No. 2002-1 (Rancho San Jacinto, Phase 2) ("CFD No. 2002-1") and, in connection therewith, has issued its Special Tax Bonds 2002 Series A in the original principal amount of$17,126,599.65 (the "2002 CFD Bonds®) and which are currently outstanding in the amount of$19,365,000; and WHEREAS, the 2002 CFD Bonds are secured by special taxes (the "Special Taxes") levied by the City on property within the boundaries of CFD No. 2002-1 according to a rate and method of apportionment; and WHEREAS, the Special Taxes levied against the following parcels (individually, a "Parcel" and collectively, the "Parcels") are delinquent: Assessor's Parcel No. 438-030-012-3 438-040-006-9 438-040-007-0 438-040-008-1 438-040-009-2 439-180-105-7 437-310-029-7 WHEREAS, on April 11, 2011, the City obtained a Judgment in Judicial Foreclosure; Order of Sale Thereon in the amount of $1,412,741.74 against said parcels, 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 the City's judgment was held, but there were no bids for the property and the judgment remains unpaid. In addition, the special tax installments for these parcels are delinquent for Tax Years 2010/11, 2011/12 and 2012/13 and these delinquencies have been removed from the Tax Roll on January 21, 2014 and forwarded to foreclosure counsel; and WHEREAS, the Parcels were recently sold to Tower Music City, LLC, and 24433.90OM9386050.7 five (5) of the Parcels are currently in an escrow that requires the satisfaction of the City's judgment and the payment of the subsequent delinquencies related thereto before conveyance of the property; and WHEREAS, the new property owner has proposed the payment of $2,519,025 in satisfaction of the County ad valorem taxes, the City's judgment, plus the subsequent delinquencies, which will require the waiver of delinquent penalties, redemption penalties and post-judgment interest by the City, and as payment for the special taxes due on the Parcels for Fiscal Year 2013-14; and WHEREAS, the City and Tower Music City wish to enter into a Memorandum of Understanding (the "MOU") with respect to the Parcels, to provide for (i) Tower tendering cash sufficient to pay the settlement amount described below; (5) terms of transfer of five (5) parcels described in Exhibit D (the "Water District Parcels") to Eastern Municipal Water District ("EMWD"); (iii) the instructions to the trustee and fiscal agent regarding the disbursement of the settlement amount; (iv) the terms and conditions for the formation of a proposed new community facilities district on the remaining two undeveloped parcels (the "Undeveloped Parcels"); and (v) the proposed terms of future development of the Undeveloped Parcels by Tower, subject to the limitations set forth in the accompanying MOU; and WHEREAS, the City and Tower wish to provide mutual assurances that goals for development within the City will be met and that Tower may proceed with development of the Parcels in a reasonable manner, subject to the limitations set forth in law and those contained in the MOU; and WHEREAS, the City and Tower have obtained the consent of 100% of the owners of the San ,Jacinto Financing Authority 2002 Local Agency Revenue Bonds, Series A (Tranches A through D). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. The City Council finds that all of the preceding recitals are true and correct. Section 2. Approval of MOU. The City Council hereby approves the accompanying MOU, along with such changes that may be acceptable to the City Manager and City Attorney. The City Manager, or his designee, is authorized to execute the MOU, as well as any other documents or instruments, and is authorized to take such further actions, necessary or convenient to carrying out the purposes of the MOU. 24435.70020`,9386050.1 2 Section 3e Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED this 30°h day of October, 2014, by the following vote: Ayes: Bartel, Kotyuk, Ruiz, Ledezma Nays: None Absent: Miller Abstain: None City of San Jacinto: to so Ii Alonso Ledezma, Mayor ATTEST: Richard Miller, City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP Jeffrey S. Ballirfger, City Attorney zaa3s.7oazak43s6csU 3 CERTIFICATION I, Richard Miller, City Clerk of the City of San Jacinto, do certify that the foregoing Resolution No. 3543 was passed, adopted and approved at a special meeting of the City Council of the City of San Jacinto held on the 30th day of October, 2014, by the following vote: Ayes: Bartel, Kotyuk, Ruiz, Ledezma Nays: None Absent: Miller Abstain: None WITNESS MY HAND AND OFFICIAL. SEAL. this 30th day of October, 2014. Richard Miller, City Clerk City of San Jacinto 2443&70020'0386050.1 4