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CC Resolution 2003-004 RESOLUTION NO. 2003-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND BISON HOTEL GROUP LLC FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF CALLE TAMPICO AND DESERT CLUB DRIVE DISPOSITION AND DEVELOPMENT AGREEMENT BISON HOTEL GROUP LLC WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law ("Health & Safety Code § 33000 et seq.) ("CRL"); and WHEREAS, pursuant to the CRL, the City Council of the City of La Quinta ("City" or "City Council," as applicable) approved and adopted the Redevelopment Plan ("Redevelopment Plan") for Project Area No. 1 ("Project Area"), on November 29, 1983, by Ordinance No. 43, and amended the Redevelopment Plan on December 20, 1994, by Ordinance No. 258; and WHEREAS, the Agency staff has negotiated a Disposition and Development Agreement ("Agreement") with Bison Hotel Group LLC, a California limited liability company ("Developer"), pursuant to which (i) the Agency is to convey to the Developer certain real property located within the Project Area (the "Hotel Parcel") for One Million Six Hundred Thousand Dollars ($1,600,000.00) for the Developer's subsequent development thereon of an Embassy Suites Hotel ("Hotel Facility"), and (ii) the Agency is to convey to the Developer certain real property located within the Project Area (the "Commercial Parcels") for One Million Eight Hundred Forty Thousand Dollars ($1,840,000.00) for the Developer's subsequent development and use thereon of commercial uses consistent with City zoning applicable to said property and with the Redevelopment Plan, all as more particularly described in the Agreement; and WHEREAS, the Agreement provides that the Developer's payment for the Hotel Parcel shall be in accordance with the terms and conditions of a promissory note secured by a deed of trust recorded against the Hotel Parcel, and the Developer's payment for the Commercial Parcels shall be in accordance with the terms and conditions of a promissory note secured by a deed of trust recorded against the Commercial Parcels; and WHEREAS, the Agreement provides that Agency may reacquire the Hotel Parcel in the event the Developer fails to commence construction of the Hotel Facility within certain specified time frames, interrupts construction of the Hotel Facility for a specified period of time, or transfers the Hotel Facility in violation of the Agreement, all as more particularly described in the Agreement; and Resolution No. 2003-004 Disposition and Development Agreement Bison Hotel Group Adopted: January 7, 2003 Page 2 WHEREAS, Health and Safety Code Section 33433 requires that the Agency prepare a Summary Report to consider the Agency's proposed sale of the Hotel Parcel and the Commercial Parcels as set forth in the Agreement, that the Agency Board and the City Council conduct a noticed joint public hearing with respect to the Agreement, and that the approval of the Agreement be accompanied by certain findings and determinations as set forth herein; and WHEREAS, a Summary Report for the Agreement has been prepared and the joint public hearing has been conducted in accordance with applicable requirements of law; and WHEREAS, the City Council and the Redevelopment Agency have considered all the information and evidence set forth in the Summary Report presented by the City/Agency staff and presented by persons wishing to appear and be heard concerning the impact of the Agreement on the Project Area and the City as a whole; 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 WHEREAS, the City Council hereby determines that the Agency's sale of the Hotel Parcel and the Commercial Parcels pursuant to the Agreement are 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: 1. That the above recitals are true and correct and incorporated herein. 2. That the City Council of the City of La Quinta hereby resolves as follows: a. The Agreement effectuates the purposes of the Community Redevelopment Law (Health & Safety Code § 33000 et seq.) and of the Redevelopment Plan and is in the best interests of the citizens of the City of La Quinta. b. The Agency's sale of the Hotel Parcel and the Commercial Parcels will eliminate blight and is consistent with the Agency's Five-Year Implementation Plan, based on the findings and conclusions of the Summary Report, which is incorporated herein. Resolution No. 2003-004 Disposition and Development Agreement Bison Hotel Group Adopted: January 7, 2003 Page 3 c. The consideration the Developer will pay for the Hotel Parcel and the Commercial Parcels is not less than the fair market value of the Property at its highest and best use in accordance with the Redevelopment Plan, based on the findings and conclusions of the Summary Report. 3. The Agreement, a copy of which is on file with the Agency Secretary, is hereby approved. The City Council consents to the Agency's authorization and direction to its Executive Director and Agency Counsel to make final modifications to the Agreement that are consistent with the substantive terms of the Agreement approved hereby, and to thereafter sign the Agreement on behalf of the Agency. 4. The City Council consents to the Agency's authorization and direction to its Executive Director to (i) sign such other and further documents, including but not limited to Subordination Agreements and escrow instructions that require the Agency's signature, and (ii) take such other and further actions, as may be necessary and proper to carry out the terms of the Agreement. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of La Quinta held this 7th day of January, 2003, by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff NOES: Mayor Adolph ABSENT: None ABSTAIN: None DoN'ADOLPH,NVlayor City of La Quinta, California ATTEST: JUNE ~_.-~EEK, CMC, City-~tl'erk City of La Quinta, California (CITY SEAL) Resolution No. 2003-004 Disposition and Development Agreement Bison Hotel Group Adopted: January 7, 2003 Page 4 APPROVED AS TO FORM: M. 'y y City of La Quinta, California