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CC Resolution 2003-007 RESOLUTION NO. 2003-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AGR EEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND SANTA ROSA DEVELOPMENT, LLC FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF AVENUE 48 AND ADAMS STREET PURCHASE AND SALE AGREEMENT SANTA ROSA DEVELOPMENT, 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. 2 ("Project Area"), on May 16, 1989, by Ordinance No. 139; and WHEREAS, the Agency staff has negotiated an Agreement for Purchase and Sale and Escrow Instructions ("Agreement") with Santa Rosa Development, LLC, a California corporation ("Developer"), pursuant to which the Agency is to convey to the Developer certain real property located within the Project Area (the "Property") for Eight Hundred One Thousand Three Hundred Fifty-Eight Dollars ($801,358.00) for the Developer's subsequent development thereon of Thirty-Six (36) single family homes (the "Project"), all as more particularly described in the Agreement; and WHEREAS, the Agreement requires the Developer to execute and record against the Property an Option Agreement, which permits the Agency to reacquire the Property in the event the Developer fails to commence or complete construction of the Project within certain specified time frames, interrupts construction of the Project for a specified period of time, or transfers the Property in violation of the Agreement, all as more particularly described in the Agreement; and WHEREAS, Health and Safety Code Section 33433 requires that the Agency prepare a Summary Report to consider the Agency's proposed sale of the Property 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 Resolution No. 2003-007 Purchase and Sale Agreement Santa Rosa Development, Inc. Adopted: January 7, 2003 Page 2 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 Property 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: 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 real property identified herein 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. c. The consideration the Developer will pay for the Property 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. Resolution No. 2003-007 Purchase and Sale Agreement Santa Rosa Development, Inc. Adopted: January 7, 2003 Page 3 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, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None City of La Ouinta, California ATTEST: JUNE~. ~'REEK, CMC, C~-~'~y~rk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: K/ATH"RII~ '/' · /.' - M. JENSON,/C~ity Attorney ,~,y of La Quinta, California