Housing Auth & Successor Agency/Section 8 Housing 13ASSIGNMENT AND ASSUMPTION AGREEMENT
This ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Assignment") is
entered into by and between SUCCESSOR AGENCY TO THE LA REDEVELOPMENT
AGENCY, a public body, corporate and politic ("Assignor"), and LA QUINTA HOUSING
AUTHORITY, a public body, corporate and politic ("Assignee"), as of this 16th day of
December, 2013, with reference to the following facts:
A. The former La Quinta Redevelopment Agency ("Agency") has entered into
various Lease Agreements with residential tenants receiving "Section 8" assistance from the U.S.
Department of Housing and Urban Development pursuant to Section 8 of the Housing Act of
1937 (42 U.S.C. § 1437f) (collectively, the "Lease Agreements"). A list of the Lease
Agreements is attached hereto and incorporated herein as Exhibit "A".
B. Pursuant to Assembly Bill 26 from the 2011-12 First Extraordinary Session of the
California Legislature, which was signed by the Governor on June 28, 2011 ("ABxI 26"), all
redevelopment agency activities, except continued performance of "enforceable obligations,"
were immediately suspended. A lawsuit was filed, challenging the constitutionality of ABxI 26
and companion bill ABx1 27 (which would have allowed redevelopment agencies to remain in
existence and continue redevelopment, if the legislative bodies that established the agencies
elected to participate in a "voluntary alternative redevelopment program" and make certain
remittance payments). The California Supreme Court upheld the constitutionality of ABx1 26,
revising the effective dates of certain provisions, and struck down as unconstitutional ABxI 27.
(California Redevelopment Assn. v. Matosantos (2011) 53 CalAth 231. ABxl 26 is chapter 5,
Statutes 2012, First Extraordinary Session, which added Part 1.8 (suspension provisions) and
Part 1.85 (dissolution provisions) ("Part 1.85") of Division 24 of the Health and Safety Code.
Pursuant to Health and Safety Code Section 341710), added by Part 1.85, the City of La Quinta
("City") is the "successor agency" to the Agency. On January 3, 2012, the La Quinta City
Council adopted Resolution No. 2012-002, pursuant to which the City elected (a) to be the
"successor agency" to the Agency, and (b) to have the Assignee be the "housing successor" to
the Agency. On January 17, 2012, the Assignee adopted HA Resolution No. 2012-002,
affirmatively electing to be the "housing successor" to the Agency.
C. Pursuant to Health and Safety Code Section 34176(b), added by Part 1.85, all of
the housing assets and functions of the Agency were transferred to the Assignee. Administration
of the Lease Agreements is a function of the Agency that was transferred to the Assignee.
D. Assignor now desires to assign and transfer to Assignee, and Assignee desires to
accept from Assignor, all of Assignor's right, title and interest in and to the Lease Agreements.
NOW THEREFORE, Assignor and Assignee agree as follows:
1. Assignment. Assignor hereby assigns, conveys, transfers and delivers to
Assignee all of Assignor's right, title, and interest in and to the Lease Agreements, and Assignee
hereby accepts such assignment and agrees to assume performance of all terms, covenants and
conditions occurring or arising under the Lease Agreements as of the date of this Assignment.
882/015610-0040 -1
6366694.1 a00/00/00
2. Assumption of Obli¢ations. By acceptance of this Assignment, Assignee
hereby agrees to assume all of Assignor's right, title, and interest in and to the Lease
Agreements, and Assignee agrees to timely discharge, perform or cause to be performed and to
be bound by all of the liabilities, duties and obligations imposed in connection with the Lease
Agreements from and after the date of this Assignment to the same extent as if Assignee had
been the original party thereto.
3. Further Assurances. Each party hereto hereby agrees to execute any
additional documents, and take any further actions necessary to effect or evidence the assignment
and assumption set forth in Section 1 and Section 2 above.
4. Miscellaneous. This Assignment shall be binding on and inure to the
benefit of the parties and their respective successors and assigns. The paragraph headings of this
Assignment are for convenient reference only .and shall not be used in interpreting this
Assignment.
5. California Law. This Assignment shall be governed by and interpreted in
accordance with the internal laws of the State of California, without regard to conflict of law
principles.
8821015610-MO
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IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment as of
the date and year first above written.
"Assignor"
SUCCESSOR AGENCY TO THE LA
QUINTA REDEVELOPMENT AGENCY, a
ATTEST:
.1l"ylAh
Successor Agency Secl4tary
"Assignee"
LA QUINTA HOUSING AUTHORITY, a
ATTEST: I,
Housing Authority Se etary
APPjPVED AS TO FORM:
R;PX
ousmg Authority C sel
882/015610-0040
6366694.1 a00/00/00 -3-
Exhibit "A"
Lease Aereements
(See Following List)
City of to Quints
Cove Rental Properties
Section 8 Assisted
14Pamela Odntav' " m
S2 4261 san4la aOmre: ; : r ;:
1072St01 _ `.1"
2, Renee De La Torre
53-880 Avenida Navarro
01101102
, 'a '.5antdtu€ ' r ... ' t-' :. . _ .'::: ;°
�a2=568#isanhowor Ynve • ,� "-
-`.; ?;} 1P02 w' •,-::
4. Teresa Stadther
S.LtRraine,0raves ''+: .. _ ' . - _ _ .. •s�'
53-825..Avenida. Juarez
S$=225:iJlrrartld8 Vel o ;�`=�:
02128102
. `�fl3'14k1! 2. .:a_
8. Armando and Ma dalena Rivera
53.155 Avenida Obr on
03101102
7. Greaeah Chianrell
51-895.`..:AvEaide Ve•.
7t012
8. Kecia Guitla -Reece and Kenneth Burton
52-865 Avenida Ramirez
07110102
9.Tamm :`l riz `e'
S3.523'A n3daMaitmai. " � •'
'' 08t23i'08, ai
10. Ampere De La Herran --
52-985 Avenida Carranza
04101108
Y1.Javier.ani#Aima:Magdaiana"f i 'en.'
53-795'Avanlda11-te'.era..
12. Rosaria Monro -Lira
51-395 Calla Kalima
04103109
13, Maria: ser.anclUi tio8ainan Jr ' .
-
5+24 ,Avehlda lter are . " .' :
•. 041117/09
14. £s eranza Polanco
53-541 Avenida Martinez
07101/09
15: DeFia Ramrrea=,,_` ' .."
53-105Avargda "corers ;.:
77..08f14f09
18. 0ua0a1u e, Alms and Celina Vefair uaz
51-805 Avenida Cortez
10.!30;09
17. Nai1l:Ahlstiom "' :::
53-175A'vateda�flktiegan -- ,
.- .0£rik1Y10 -
19. Sara Acosta
52-835 Avenida Villa
. 02124111,
18. ASariat8edano
20. Kerri Tillman
52.835 Avenida Diaz
OW18111
21.Erintiadavvs ' -
$SAvanidaValkeBr..
1004J11='`s'
63666 4.1 aOO/0 EXHIBIT "A"
6366694.1 a00/00/00
MEMORANDUM
TO: Frank J. Specevak, City Manager
VIA: Les Johnson, Community Development Director
FROM: Carla M. Triplett, Housing Coordinator
DATE: December 16, 2013
SUBJECT: Assignment and Assumption Agreement
La Quinta Cove Homes/ Section 8 Rentals
La Quinta Palms Realty manages twenty-eight of the City's affordable
housing rentals that are located in the Cove; twenty-one of those homes
receive Section 8 assistance. The current Section 8 lease agreements reflect
the former La Quinta Redevelopment Agency as the landlord of the
properties. Enclosed is an Assignment and Assumption Agreement assigning
the lease agreements to the La Quinta Housing Authority, the agreement has
been prepared by Rutan and Tucker and reviewed by Staff and recommended
for your approval.
Please review and sign where indicated. Please contact me to arrange pickup
once you have signed the enclosed document.
N E T _ ^;I g