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HomeMy WebLinkAboutRES SA 2013 04 2013 0403 RESOLUTION NO. SA-2013-4 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE TRANSFER OF THE HOUSING ASSETS AND FUNCTIONS TO THE CITY OF MOORPARK AS THE SUCCESSOR HOUSING AGENCY WHEREAS, pursuant to Health and Safety Code Section 34175(b) and the California Supreme Court's decision in Califomia Redevelopment Association, et al. v. Ana Matosantos, et al. (53 CalAth 231(2011)), on February 1, 2012, all assets, properties, contracts, leases, books and records, buildings, and equipment of the former Redevelopment Agency of the City of Moorpark ("Agency") transferred to the control of the Successor Agency of the Redevelopment Agency of the City of Moorpark ("Successor Agency") by operation of law; and WHEREAS, pursuant to Health and Safety Code Section 34176(a), the City Council of the City of Moorpark ("City") adopted Resolution No. 2012-3079 electing for the City to retain the housing assets, as allowed by law, and functions previously performed by the former Agency (the City, acting in such capacity, being referred to below as the "Successor Housing Agency"); and WHEREAS, pursuant to Health and Safety Code Section 34176(a)(2), the Successor Housing Agency submitted to the State Department of Finance ("DOF") a list ("Housing Assets List") of all housing assets, including any assets transferred on or after February 1, 2012, attached hereto as Exhibit A, and incorporated herein by reference ("Housing Assets"); and WHEREAS, Health and Safety Code Section 34181(c) provides that the Oversight Board of the Successor Agency ("Oversight Board") shall direct the Successor Agency to transfer housing assets to the appropriate entity pursuant to Health and Safety Code Section 34176, being the Successor Housing Agency, and Health and Safety Code Section 34177(g) directs the Successor Agency to effectuate the transfer of housing functions and assets pursuant to Health and Safety Code Section 34176; and WHEREAS, on March 19, 2013, the Oversight Board adopted Resolution No. OB-2013-43 directing the Successor Agency to transfer Housing Assets to the Successor Housing Agency pursuant to Health and Safety Code Section 34176(a)(2); NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: Resolution No. SA-2013-4 Page 2 SECTION 1. The above recitals are true and correct and made a substantive part of this Resolution. SECTION 2. This Resolution is adopted pursuant to Health and Safety Code Sections 34176 and 34177(g). SECTION 3. The Board of the Successor Agency hereby approves: (i) the transfer to the Successor Housing Agency of the assets identified on the Housing Assets List, heretofore or hereafter approved or deemed approved by DOF pursuant to Health and Safety Code Section 34176(a)(2), and (ii) the transfer to the Successor Housing Agency all rights, powers, duties, and obligations associated with the housing activities of the former Agency related to the housing assets transferred pursuant to this Section 3. SECTION 4. The Executive Director of the Successor Agency is hereby authorized and directed to execute and deliver, to the extent appropriate and applicable, one or more quitclaim deeds, substantially in the form attached as Exhibit B, to effectuate the conveyance of the Housing Assets to the Successor Housing Agency. SECTION 5. The staff and the Board of the Successor Agency are hereby authorized and directed, jointly and severally, to execute and record such documents and instruments and to do any and all other things which they may deem necessary or advisable to effectuate this Resolution. SECTION 6. The Secretary of the Successor Agency shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 3rd day of April, 2013. ni a S. Parvin; Chair ATTEST: �PpK Salta Maureen Benson, Secretary o Attachments: Exhibit A— Housing Asset List Exhibit B — Quitclaim Deed DEPARTMENT OF FINANCE W CAD HOUSING ASSETS LIST 00 N ASSEMBLY BILL X1 26 AND ASSEMBLY BILL 1484 (D O (Health and Safety Code Section 34176) W �_ O Former Redevelopment Agency: Redevelopment Agency of the City of Moorpark Z O Successor Agency to the Former Redevelopment Agency: Successor Agency to the Redevelopment Agency of the City of Moorpark Cf) D Entity Assuming the Housing Functions N of the former Redevelopment Agency: City of Moorpark C) W Entity Assuming the Housing Functions Contact Name: Steven Kueny Title City Manager Phone (805)517-6200 E-Mail Address skuenyOci.mooroark.ca.us Entity Assuming the Housing Functions Contact Name: David C.Moe II Title Redevelopment Manager Phone (805)517-6200 E-Mail Address dmoeMci.mooroark.ca.us All assets transferred to the entity assuming the housing functions between February 1,2012 and the date the exhibits were created are included in this housing assets list. The following Exhibits noted with an X in the box are included as part of this inventory of housing assets: Exhibit A-Real Property X Exhibit B-Personal Property Exhibit C-Low-Mod Encumbrances Exhibit D-Loans/Grants Receivables X Exhibit E-Rents/Operations Exhibit F-Rents X Exhibit G-Deferrals Prepared By: David C. Moe II Date Prepared: 7/24/2012 Exhibit A-Real Property —0 X City of Moorpark (Q CD Inventory of Assets Received Pursuant to Health and Safety Code section 54176(a)(2) CD 0 Construction Date of Interest in ='► Is the property Date of or acquisition Construction Construction construction real property 0 encumbered by transfer to cost funded or acquisition or acquisition or (option to :3 Total Square footage a low-mod Source of low Housing with Low-Mod costs funded costs funded acquisition purchase, Z Legal Title and Carrying Value square reserved for low- housing mod housing Successor Housing Fund with other with non-RDA by the easement, 0 Item# Type of Asset a/ Description of Asset footage mod housing covenant? covenant b/ Agency monies RDA funds funds former RDA etc.) 1 Land with improvements 250 Los Angeles Avenue o ♦♦♦nnn 2 Land with improvements 782 Moorpark Avenue $115.271 00 30.000 No 2/1/2012 $115.271 00 10/6/2000 y, Land with improvements 798 Moorpark Avenue $225.854.00 7,452 No 2/1/2012 225854,00 7/2012001 D Landw81im rovements 81 First Street $760,309,00 7,500 Yes CRL 2/1/2012 $673,892.00 1/1312005 Sale Dendina t Land onl 1123 Walnut Canyon 486732.00 11,421 WA No 2/1/2012 488732.00 11/6/2008 N Landon 1113 Walnut on 411800.00 11,325 A No 211/2012 411800.00 7/27/2007 Q Landon 1095 Walnut Canyon 374464.00 11325 WA No 2/1/2012 374464.00 2007 Land on 1083 Walnut Canyon $703,202,00 11,325 WA No 2/1/2012 $703,70200 1022009 W Land and 1073 Walnut Canyon $301,07300 11 225 WA No 2/1/2012 $301073,00 8/28/2008 t and on 1063 Walnut Ca on $474,53400 11,167 WA No 2/1/2012 $474,53400 8/2&2008 Land on 1331 Walnut Ca on $397,97400 11,718 WA No 2/1/2012 $379,97400 12/3/2007 Land on1v 1293 Walnut Canyon $535.10100 11,718 x 2 WA No 2/1/2012 $535,103,00 211/2008 Land on 81 Charles Street $339,491.00 1 7,500 1 1 WA I I No 1 2/1/2012 $823.787.00 1 1 212512004 14 Land on 765 Walnut Street $518,026,00 15.000 NIA No 2/1/2012 S518,026,00 912212006 15 Land onl 780 Walnut Street $251,041.00 5 625 N/A No 2/1/2012 $251,041,00 1218/2008 Land onl 450 Charles Street $531,329.00 7 405 U�VA No 2/1/2012 'Q1.32 9.00 11/30/2007 1 Land onl 460 Charles Street 450860.00 7405 No 2/1/2012 450860.00 007 Land on 484 Charles Street $498,291.00 11 470 No 21112012 $498,291.00 6/27/2008 Land on 112 First Street $320,443.00 7 500 No 11/2012 320 443.00 8!20/2010 20 Land onl 124 First Street $356,060.00 7,500 No 2/1/2012 %3560 7!30/2010 21 Land only SW Terminus of Millard St $170100.00 50,094 No 2/2/2012 $170100.00 10/8/1999 a/Asset types may include low-mod housing,nixed-income housing,low-mod housing with commercial space,mixed-income housing with commercial space. b/ May include California Redevelopment Law,tax credits,state bond indentures,and federal funds requirements. Exhibit B-Personal Property X City of Moorpark (Q VOi Inventory of Assets Received Pursuant to Health and Safety Code section 34176(a)(2) (D O C O Date of Acquisition :3 transfer to cost funded Acquisition Acquisition Z Housing with Low-Mod costs funded costs funded Date of O Carrying Value Successor Housing Fund with other RDA with non- acquisition by Item# Type of Asset a/ Description of Asset Agency monies funds RDA funds the former RDA D 1 N 2 O 3 W 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 a/ Asset types any personal property provided in residences,including furniture and appliances,all housing-related files and loan documents,office supplies,software licenses,and mapping programs,that were acquired for low and moderate income housing purposes,either by purchase or through a loan,in whole or in part,with any source of funds. Exhibit C-Low-Mod Encumbrances City of Moorpark W N Inventory of Assets Received Pursuant to Health and Safety Code section 34176(a)(2) (0 fn CD O Construction or 0) C Total amount Is the property acquisition cost Construction Type of housing built Date contract for currently encumbered by funded with Construction or or acquisition Date of O 0 or acquired with Enforceable owed for the a low-mod Source of low Current Low-Mod acquisition costs costs funded construction or enforceably obligated Obligation was Contractual Enforceable housing mod housing owner of Housing Fund funded with with non-RDA acquisition of Z Item# funds al executed counterparty Obligation covenant? covenant b/ the property monies other RDA funds funds the property 0 1 (n 2 y 3 N 4 C) 5 6 W 7 8 9 10 11 12 13 14 15 16 17 18 19 20 a/ May include low-mod housing,mixed-income housing,low-mod housing with commercial space,mixed-income housing with commercial space. b/ May include California Redevelopment Law,tax credits,state bond indentures,and federal funds requirements. Exhibit D-Loans/Grants Receivables -a X City of Moorpark (0) N Inventory of Assets Received Pursuant to Health and Safety Code section 34176(a)(2) (D O v E We Ulele contractual O requirements Was the Low-Mod Purpose for specifying the Z Housing Fund Person or entity to which the funds purposes for which Repayment date,if Current 0 amount issued for a Amount of the loan Date the loan or whom the loan or were loaned or the funds may be the funds are for a Interest rate outstanding loan (n Item# loan or a grant? or grant grant was issued grant was issued granted used? loan of loan balance D 1 Loan $16,500.00 6/2/1999 Jesus Ceja Rehabilitation Yes At sale or refinance 0% $13,467.74 N 2 Loan $1,411.90 11/30/1995 Florence Butler Rehabilitation yes At sale or refinance 0% $246.00 C:) 3 Loan $600,000.00 11/22012 Moorpark 20,LP Construction yes 2042 6% $600,000.00 4 Loan $1,176,500.00 10/292010 Moorpark 20,LP Land Purchase yes 2065 2.50% $1,176,500.00 5 Loan $2,670.00 1/2211996 Isabel I.Lake Rehabilitation yes 72/2012 0% $0.00 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Exhibit E-Rents/Operations City of Moorpark Inventory of Assets Received Pursuant to Health and Safety Code section 34176(a)(2) Cp Cn CD O_C Cb Item#from p Entity to which Is the property Exhibit A the the collected Purpose for encumbered rentloperation Z Type of property with which Entity that payments are which the by a low-mod Source of low- is associated O they payments are associated Property collects the ultimately payments are housing mod housing with(if Item# 1 Type of payment a/ b/ owner payments remitted I used covenant? covenant c/ applicable) D 1 , 2 N O 3 4 W , 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 a/ May include revenues from rents,operation of properties,residual receipt payments from developers,conditional grant repayments,costs savings and proceeds from refinancing,and principal and interest payments from homebuyers subject to enforceable income limits. b/ May include low-mod housing,mixed-income housing,low-mod housing with commercial space,mixed-income housing with commercial space. cl May include California Redevelopment Law,tax credits,state bond indentures,and federal funds requirements. Exhibit F-Rents City of Moorpark Inventory of Assets Received Pursuant to Health and Safety Code section 34176(a)(2) tQ CD (D O_ CO � Entity to which Is the property Item#from 0 the collected Purpose for encumbered Exhibit A the rent Z Entity that payments are which the by a low-mod Source of low- is associated O Type of property with which the Property collects the ultimately payments are housing mod housing with(if Item# Type of payment a/ payments are associated b/ owner payments remitted used covenant? covenant c/ applicable) (n 1 Rent lCommercial s ace City as HSA City as HSA City as HSA Housing No #3 D 2 Rent ISingle family residence City as HSA City as HSA City as HSA Housing No #1 O 3 Rent Commercial space City as HSA City as HSA City as HSA Housing No #2 __.X 4 W 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 a/ May include rents or home loan payments. b/ May include low-mod housing,mixed-income housing,low-mod housing with commercial space, mixed-income housing with commercial space. c/ May include California Redevelopment Law,tax credits,state bond indentures,and federal funds requirements. Exhibit G - Deferrals m City of Moorpark CD 0 Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) ° 0 Z 0 Cn D Interest rate N Fiscal year in at which Date upon which Purpose for which which funds Amount funds were Current funds were to be Item # funds were deferred were deferred deferred to be repaid amount owed repaid 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Resolution No. SA-2013-4 Page 11 EXHIBIT B RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Successor Agency of the Redevelopment Agency of the City of Moorpark c/o City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attention: Maureen Benson, City Clerk [SPACE ABOVE FOR RECORDER'S USE ONLY] QUITCLAIM DEED This transfer is exempt from Documentary Transfer Tax pursuant to Revenue & Taxation Code Section 11922, and exempt from Recording Fees pursuant to California Government Code Section 6103. The SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, a municipal corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the CITY OF MOORPARK all of its right, title, obligations and interest in, under and to the real property located in the City of Moorpark, County of Ventura, State of California, more particularly described on Exhibit A attached hereto, and all improvements and fixtures located thereon. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: , 2013 SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, a municipal corporation By: Name:Steven Kueny Title: Executive Director ATTEST: City Clerk Resolution No. SA-2013-4 Page 12 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, Secretary of the Successor Agency of the Redevelopment Agency of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2013-SA-04 was adopted by the Successor Agency of the Redevelopment Agency of the City of Moorpark at a special meeting held on the 3rd day of April, 2013, and that the same was adopted by the following vote: AYES: Agency Members Mikos, Millhouse, Pollock, Van Dam, and Chair Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 10th day of April, 2013. Maureen Benson, Agency Secretary (seal) 1�a r o ri 9D n � w