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CC Resolution 2002-032RESOLUTION NO. 2002-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AMENDMENT NO. 1 TO THE AFFORDABLE HOUSING AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND MIRAFLORES, L.P. MIRAFLORES AFFORDABLE HOUSING AGREEMENT AMENDMENT NO. 1 WHEREAS, the La Quinta Redevelopment Agency ("Agency") and DC & TC, LLC ("Original Developer") entered into that certain Affordable Housing Agreement, dated on or about December 20, 2000, which Agreement was thereafter amended and assigned by Original Developer to Miraflores, L.P. ("Developer") by that certain Assignment and Assumption of Affordable Housing Agreement dated June 11, 2001, by and among Agency, Original Developer, and Developer (collectively, the "Agreement"); and WHEREAS, the Agency and Developer propose to enter into Amendment No. 1 to the Agreement ("Amendment No. 1") for the purpose of revising the amount of Agency financial assistance to the project described in the Agreement in order to conform to proposed bond financing for the project; and WHEREAS, pursuant to Health and Safety Code Section 33433, the Agency prepared a Summary Report concerning Amendment No. 1; and WHEREAS, a joint public hearing of the Agency and the City Council of the City of La Quinta ("City Council" or "City" as appropriate) concerning Amendment No. 1 was duly noticed in accordance with Health and Safety Code Section 33433; and WHEREAS, on February 19, 2002, the Agency and City Council held a joint public hearing on the proposed Amendment No. 1; and WHEREAS, at the February 19, 2002, joint public hearing the Agency and City Council considered the staff report and all other information, testimony, and evidence presented with respect to the proposed Amendment No. 1; and WHEREAS, all actions required of the Agency and City Council to be taken precedent to review and consideration of Amendment No 1 by the Agency and City Council have been taken in accordance with applicable law; NOW, THEREFORE, the City Council of the City of La Quinta hereby resolves as follows: SECTION 1. The City Council finds and determines that: A. Amendment No. 1 will effectuate the purposes of the Community Redevelopment Law (Health & Safety Code § 33000 et seq.) and the Redevelopment Plan for Project Area No. 2 by facilitating the development of affordable housing for senior citizens in the City of La Quinta, in that Amendment No. 1 provides additional funding from the Agency's Low and Moderate Income Housing Fund for project costs that are necessary to assure a high quality development and provision of adequate housing amenities in the project, and in conformity with the Agency's proposed bond financing for the project. Resolution No. 2002-32 Miraflores Affordable Housing Agreement Amendment #1 Adopted: February 19, 2002 Page 2 B. Amendment No. 1 is consistent with the Agency's adopted "Second Five -Year Implementation Plan Project Areas No. 1 and 2," adopted by the Agency in accordance with Health and Safety Code Section 33490, in that (i) the goals and objectives set forth in the Implementation Plan include increasing and improving the community's supply of affordable housing, and (ii) the project on the Site is specifically identified as one of the Agency's housing programs to be undertaken in the time period covered by the Implementation Plan. C. The highest and best use of the Site in accordance with the Redevelopment Plan is the development of the Site for affordable housing. To the extent the additional Agency financial assistance to the project set forth in Amendment No. 1 constitutes an additional amount of land write -down that affects the Agency's sale of the project site to the Developer as set forth in the Agreement, any additional land write -down that could be construed as resulting from the increased financial assistance provided by the Agency in Amendment No. 1 does not affect the prior finding that the consideration paid by the Developer for the Site is not less than the fair reuse value at its highest and best use in accordance with the Redevelopment Plan, for the reasons set forth in the Agency's Summary Report for Amendment No. 1 prepared in accordance with Health and Safety Code Section 33433, which Summary Report, a copy of which is on file with the Agency Secretary/City Clerk, is incorporated herein by reference as though fully set forth. SECTION 2. Amendment No. 1, a copy of which is on file with the Agency Secretary/City Clerk, is hereby approved. SECTION 3. The City Council consents to the direction given by the Agency to its Executive Director authorizing and directing the Executive Director to make final, technical modifications to Amendment No. 1 consistent with the material provisions of Amendment No. 1 approved hereby, and to finalize the document for signature by the Agency Chairman, and further consents to the authorization and direction given by the Agency to its Chairman to thereafter sign Amendment No. 1 on behalf of the Agency. SECTION 4. The City Manager is authorized and directed to take such other and further actions and execute such other and further documents as may be necessary to implement and effect Amendment No. 1 and this Resolution on behalf of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of February, 2002, by the following vote to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None Resolution No. 2002-32 Miraflores Affordable Housing Agreement Amendment #1 Adopted: February 19, 2002 Page 3 JOHI�I J. PENT, Mayor City of La Quinta, California ATTEST: J N GREEK, MC., rk CI y of La Quinta, California (City Seal) APPROVED AS TO FORM: A\A.-KATHERINE JEN ity Attorney City of La Quinta, Ca Ifornia