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HomeMy WebLinkAbout98-045 CC ResolutionRESOLUTION NO. 98-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE SALES TAX REIMBURSEMENT AGREEMENT FOR COMMUNITY FACILITIES DISTRICT NO. 88-12 RELATING TO THE TEMECULA MALL PROPERTY THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY RESOLVES AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and A. The Board of Supervisors of Riverside County formed Community Facilities District No. 88-12 CCFD 88-12") on September 26, 1989. At a special election held on March 23, 1990 the qualified electors of the CFD 88-12 authorized CFD 88-12 to incur certain bonded indebtedness and approved the Rate and Method to pay the principal and interest on the bonds through a Special Tax levied by the District. Governance of CFD 88-12 was transferred from the County of Riverside to the City as of December 1, 1997. B. On June 14, 1991, the City and each of the owners of property within CFD 88-12 entered into an agreement entitled "Agreement Regarding Sales Tax Revenues as to Business Located Within the Boundaries of Community Facilities District No. 88-12 (Ynez Corridor) of the County of Riverside, State of California" (the "Agreement"). Two amendments to the Agreement were approved on April 12, 1994 with respect to matters pertaining only to Rancho Mobile Home Estates and Eli Lilly and Company. C. The Agreement generally provides that the City will retain certain sales tax revenues generated by businesses within CFD 88-12. These revenues will then be used to reimburse the owners of properties within CFD 88-12 for payment of the Special Tax to CFD 88- 12 in accordance with specified priorities based on whether the property is developed or undeveloped, as defined in the Agreement. D. The Agreement further provides that reimbursement payments will be made to the then current owner of the property within CFD 88-12, even if the reimbursement is for a Special Tax payment made for a prior fiscal year by the previous owner of the property. E. LGA-7 is the owner of certain real property described on Exhibit A, attached hereto and incorporated herein by this reference (the "Property"). LGA-7 is in escrow to sell a portion of the Property for development of a regional mall and power center and will retain the remainder of the Property for commercial development. Individual parcels will be R:resos.98-45 1 created from the Property and sold to the major retailers which will be constructing retail stores on the Property. F. LGA-7, or its predecessors in interest, have paid all taxes and assessments for the Property through the 1997-98 fiscal year. G. It is in the interests of both the City and LGA-7 to modify the Agreement to provide that reimbursement of Special Tax payments pursuant to the Agreement through the 1997-98 fiscal year be paid to LGA-7 rather than the then current owners of the Property. Section 2. The City Council of the City of Temecula hereby approves that certain Agreement entitled "AMENDMENT TO "AGREEMENT REGARDING SALES TAX REVENUES AS TO BUSINESS LOCATED WITHIN THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA," DATED AS OF JUNE 14, 1991, AS TO CERTAIN PROPERTIES OF LGA-7, INC. ONLY "dated as of May 26, 1998, with such changes mutually agreed upon by the City Manager and LGA-7 as are minor and in substantial conformance with the form of such Agreement as have been submitted herewith. The Mayor is hereby authorized and directed to execute the Agreement, on behalf of the Agency. A copy of the final Agreement when executed by the Mayor and representatives of LGA-7 and attested by the City Clerk shall be place on file in the Office of the City Clerk. Section 3. The City Manager (or his designee), is hereby authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Agreement and related documents, including but not limited to, escrow instructions, certificates of acceptance, and implementing agreements. Section 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 26th day of May, 1998. Ron Roberts, Mayor ATTEST: A-et. ing City Clerk R:resos.98-45 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, Acting City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98-45 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 26th day of May, 1998, by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero, Ford, Lindemans, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susan A inS~.~City Clerk R:resos.98-45 3 Robert Bein, William Frost & Associates 2?555 Ynez Road, Suite 400 Temecula, CA 92591 EXHIBIT "A" I.F. GAL DESCKIPTION MAII. SITE OVEKA~.I. OWNERSHIP December 3, 1996 JN 401027-M5 Page 1 of 1 That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 115, 117, 140 and 141, Jack~on Avenue, I..incoln Avenue and Monroe Avenue (vacated by Resolution of the Board of Supervisors recorded. December 19, 1951 in Book 1328, Page 6? of Official Records in the Office of the County Recorder of said Riverside County) and Apricot Street as shown on a Map of the Temec::~a Land and Water Company filed in Book 8, Page 359 of Maps in the Office of the County Recorder of San Diego County, California, together with those portions of Lots 4 through ? of Tract No. 3334 filed in Book 54, Pages 25 t~ough 30 of Maps in said Office of the Riverside County Recorder, included within Parcels A, B, C, F, G and H of Lot Line Adjustment No. PA95-0111 recorded December 15, 1995 as Instrument No. 416771 of Official Records in said Office of the Riverside County Recorder. CONTAINING: 189.17 Acres Gross, more or less. SUBJECT TO all covenants, rights, rights-of-way and easements of record. ~1,~.1~'- 1 1:5 LS. 3527 O=l-n Lawrence L. Bacon, P~ 3527