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CC Resolution 2011-040RESOLUTION NO. 2011 - 040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CONSENTING TO THE USE OF REDEVELOPMENT AGENCY FUNDING FOR THE PURCHASE AND SALE AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY, RICHARD VARGE AND PATRICE VARGE, MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 WITH RESPECT TO THE AGENCY'S EXPENDITURE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ACCEPTANCE OF THE GRANT DEED WHEREAS, the La Quinta Redevelopment Agency ( "Agency ") is a redevelop- ment agency organized and existing under the California Community Redevelopment Law ( "Health & Safety Code § 33000 et seq.) ( " CRL ") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of La Quinta ( "City Council" or "City," as applicable); and WHEREAS, pursuant to the CRL, the City Council approved and adopted the Redevelopment Plan ( "Redevelopment Plan ") for La Quinta Project Area No. 1 ( "Project Area ") on November 29, 1983, by Ordinance No. 43; and WHEREAS, Agency staff has negotiated a Purchase and Sale Agreement and Escrow Instructions with Richard Varge, and Richard and Patrice Varge, for real property located north of La Quinta Community Park ( "Property ") for off - street parking opportunities, the expansion of recreation opportunities, or the development of affordable housing (collectively, the "Infrastructure Improvements "), to facilitate access to the Village; and WHEREAS, the Property is located within the Project Area; and WHEREAS, the Agreement would provide for the Agency's expenditure of Nine Hundred Eighty -Seven Thousand Six Hundred Twenty -Four Dollars ($987,624) plus closing costs to acquire the Properties; WHEREAS, with the legislative body's consent and the satisfaction of certain specified requirements set forth in Health and Safety Code Section 33445, the CRL authorizes redevelopment agencies to expend tax increment funds to acquire real property for, and to fund the cost of the installation and construction of, publicly owned buildings, facilities, and improvements; and WHEREAS, the Agreement is in accordance with the Redevelopment Plan and is of benefit to the Project Area and the City of La Quinta; and Resolution No. 2011 -040 Property Purchase and Sale Agreement Seller: Varge APNs 773-072-005, 773-072-021 through 027 Adopted: June 7, 2011 Page 2 WHEREAS, the Agency's financial contribution pursuant to the Agreement is necessary to effectuate the purposes of the Redevelopment Plan; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, as follows: SECTION 1. The above recitations are true and correct. SECTION 2. Pursuant to Health and Safety Code Section 33445(a), the City Council of the City of La Quinta finds and determines that: A. The acquisition of publicly owned land pursuant to the Agreement for the future development of the. Infrastructure Improvements is of benefit to the Project Area, by helping to eliminate blight within the Project Area, in that the Infrastructure Improvements will consist of public infrastructure improvements, and the Redevelopment Plan provides for the elimination, and prevention of the spread, of blight and blighting influences through the installation, construction, or re- construction of streets, utilities, and other public facilities and improvements. B. No other reasonable means of financing the purchase of the Property or the Infrastructure Improvements is available for the following reasons: (i) City monies are dedicated to critical police, fire, and other necessary expenditures, including other capital improvement projects; (ii) the only practical means of paying for the Property and Infrastructure Improvements is to use Agency funding; (iii) without Agency funding, the Property could not be acquired and Infrastructure Improvements would not be completed, all to the detriment of the Project Area. C. The acquisition of the Property and the future installation of the Infrastructure Improvements are consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490 ( "Implementation Plan "), in that improving public infrastructure and facilities within the Project Area are goals set forth in the Implementation Plan. SECTION 3. The Agency's expenditure for the Property and for future development with the Infrastructure Improvements is necessary to effectuate the purposes of the Redevelopment Plan and is in the best interests of the City of La Quinta. SECTION 4. The City Council hereby consents to the use of Agency funding to acquire the subject Property. Resolution No. 2011-040 Property Purchase and Sale Agreement Seller: Varge APNs 773 - 072 -005, 773 - 072 -021 through 027 Adopted: June 7, 2011 Page 3 SECTION 5. The City Council directs its City Manager to (i) sign such documents that require the City's signature in order to effectuate the City's acquisition of the Property, and (ii) take such other and further actions as may be necessary and proper to carry out the terms of the Agreement. SECTION 6. The City Manager is authorized to accept the conveyance of the Property, and to take such other actions and execute such other documents as may be necessary to implement and affect this Resolution on behalf of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of June, 2011, by the following vote to wit: AYES: Council Members Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: Council Member Evans ABSTAIN: None 0 VERONICA 41MON City of La Cruinta (City Seal) APPROVED AS M. KATHERINE City of La Quin fjrA. DON ADOLP , May City of La Quints CINO, CMC, CITY CLERK FORM: , City Attorney