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CC Resolution 2003-036 RESOLUTION NO. 2003-036 · 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 CENTER POINT DEVELOPMENT, LLC FOR THE PROPERTY LOCATED AT THE 'SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE 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 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 Center Point Development, LLC, a California limited liability company ("Developer"), pursuant to which the Agency is to convey to the Developer, either all at once ("Option A"), or in phases ("Option B"), certain real property located within the Project Area (the "Property") for Seven Million Fifty-Four Thousand Seventy-Four Dollars ($7,054,074) for the Developer's subsequent development thereon of a commercial project containing a medical office/clinic, a boutique hotel, a mid-price suites hotel, a resort-style condomimium/casistas development, two sit-down restaurants, and two single-family residential developments, with forty of the single-family homes restricted for sale to moderate-income buyers at an affordable housing cost, all as more particularly described in the Agreement (collectively, the "Project"); and WHEREAS, the Agreement provides that Agency may reacquire any undeveloped portion of the Property that is then owned by the Developer in the event the Developer fails to commence construction of any particular phase of the Project within certain specified time frames, interrupts construction of a particular phase of the Project for a specified period of time, or transfers a particular phase of the Project in violation of the Agreement, all as more particularly described in the Agreement; and Resolution No. 2003-036 Center Point Dispoaition and Development Agreement Adopted: June 3, 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 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 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 Section 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 Property 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. 2003-036 Center Point Disposition end Development Agreement Adopted: June 3, 2003 Page 3 C. The Agency's sale of the Property will eliminate blight in that it will facilitate the development of affordable housing. D. 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. 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 3rd day of June, 2003, by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None City of La Quinta, California Resolution No. 2003-036 Center Point Disposition and Development Agreement Adopted: June 3, 2003 Page 4 ATTEST: JUNL~S~. GREEK, C~C, Cit~l~erk City of La Quinta, California (City Seal) APPROVED AS TO FORM' M. KATHERINE JEI~SON, Cit~Y Attorney City of La Quinta, California