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CC Resolution 1991-003^"= RESOLUTION NO. 91-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND LA QUINTA REAL ESTATE PARTNERSHIP; DETERMINING THAT THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS ADJACENT TO THE SITE IS OF BENEFIT TO REDEVELOPMENT PROJECT NO. 2 AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED; DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID IMPROVEMENTS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF SAID OWNER PARTICIPATION AGREEMENT. WHEREAS, the La Quinta Redevelopment Agency Agency") is authorized to carry out the redevelopment of the Redevelopment Project Area No. 2 Project Area"); and F WHEREAS, the Redevelopment Plan for the Project Area authorizes and directs the Agency to pay all or part of the value of the construction of certain public improvements; and WHEREAS, the Agency desires to enter into an Owner Participation Agreement OPA") with La Quinta Real Estate Partnership the Participant"), substantially in the form presented to the Agency at the meeting at which this resolution was adopted; and WHEREAS, pursuant to the OPA, the Agency shall bear certain costs for Whitewater Channel improvements adjacent to the Site the Channel Improvements") as more particularly described in the OPA; and WHEREAS, the City has previously conducted its environmental review of the activities contemplated by the OPA and has approved a Negative Declaration EA No. 89-129, Case No. PP 89-417) in connection therewith; and WHEREAS, California Health and Safety Code Section 33445 provides that a redevelopment agency may, with the consent of the legislative body, pay all or part of the value of public buildings, facilities, structures or other improvements upon finding that such public improvements are of benefit to the project area or the immediate neighborhood in which the project is located and that BIB] 07-30-1998-U01 08:32:20AM-U01 ADMIN-U01 CCRES-U02 91-3-U02 ^"=there are no other reasonable means of financing such public improvements available to the comunity. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY RESOLVE AS FOLLOWS: Section 1: The City Council hereby approves the form of the OPA presented to the City Council at the meeting at which this resolution was adopted. Section 2: The City Council hereby determines that the acquisition, construction and installation of the Channel Improvements is of benefit to the Project Area and the surrounding neighborhood in which the project is located. Section 3: The City Council hereby determines that it is appropriate to construct and install or cause the construction and installation of the Channel Improvements and that there are no other reasonable means of financing the Channel Improvements. PASSED, APPROVED AND ADOPTED this 15 day of January 1991 at a regular meeting of the City Council of the City of La Quinta by the following vote: AYES: Council Members Bohnenberqer, Franklin, Rushworth, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None City of La Quinta City of La Quinta APPROVED AS TO FORM: DAWN HONEYWELL, CIT* ATTORNEY City of La Quinta BIB] 07-30-1998-U01 08:32:20AM-U01 ADMIN-U01 CCRES-U02 91-3-U02