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RDA Resolution 2003-02 RESOLUTION NO. RA 2003-02 A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY APPROVING AN AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BETWEEN THE AGENCY AND SANTA ROSA PLAZA, LLC FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF CALLE TAMPICO AND DESERT CLUB DRIVE PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS SANTA ROSA PLAZA 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 Agency and the City Council of the City of La Quinta ("City" or "City Council," as applicable) previously approved and adopted the Redevelopment Plan, as amended ("Redevelopment Plan") for Project Area No. 1 ("Project Area"); and WHEREAS, Health and Safety Code Section 33391 authorizes the Agency to acquire real property for purposes of redevelopment; and WHEREAS, Agency staff has negotiated an Agreement for Purchase and Sale and Escrow Instructions ("Agreement") with Santa Rosa Plaza, LLC, a California limited liability company ("Seller"), which provides for Agency's purchase from Seller of certain real property located in the Project Area (the "Property") for One Million Six Hundred Thousand Dollars ($1,600,000.00), conditioned on (i) the Agency's negotiation, approval, and execution of a Disposition and Development Agreement ("DDA") with Bison Hotel Group LLC, a limited liability company ("Developer"), which provides for Agency's sale of the Property to Developer for Developer's subsequent development thereon of an Embassy Suites Hotel, and (ii) the satisfaction or waiver, by the appropriate party, of all of the conditions to close set forth in the DDA; and WHEREAS, the Agreement provides for other conditions, time schedules, and requirements all as set forth in the Agreement; and WHEREAS, all actions required of the Agency to be taken precedent to review and consideration of the Agreement by the Agency have been taken in accordance with applicable law; NOW, THEREFORE, BE IT RESOLVED BY THE LA QUINTA REDEVELOPMENT AGENCY AS FOLLOWS: 1. The Agency finds and determines that the Agreement etfectuates 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. Resolution No. RA 2003-02 Purchase and Sale Agreement Santa Rosa Plaza LLC Adopted: January 7, 2003 Page 2 2. The Agreement, a copy of which is on file with the Agency Secretary, is hereby approved. The Agency Executive Director and Agency Counsel are hereby authorized and directed to make final modifications to the Agreement that are consistent with the substantive terms of the Agreement approved hereby, and the Agency Executive Director is authorized to thereafter sign the Agreement on behalf of the Agency. 3. The Agency Executive Director is authorized and directed, on behalf of the Agency, 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 La Quinta Redevelopment Agency held this 7th day of January, 2003, by the following vote: AYES: Members Osborne, Perkins, Sniff, Chair Henderson NOES: Member Adolph ABSENT: None ABSTAIN: None TERRY I-~NDERSON, Agency Chair La Quinta Redevelopment Agency ATTEST: JUI~.~S.?GREEK, CMC,'A-'-ge~cy Secretary La Quinta Redevelopment Agency (AGENCY SEAL) Resolution No. RA 2003-02 Purchase and Sale Agreement Santa Rosa Plaza LLC Adopted: January 7, 2003 Page 3 APPROVED AS TO FORM: I~1. KAT'HERINE JENSON, Agency Counsel La Quinta Redevelopment Agency