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CC Resolution 2003-118 RESOLUTION NO. 2003-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING A REVISED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND CP DEVELOPMENT LA QUINTA, 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 Section 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 previously negotiated a Disposition and Development Agreement ("Original Agreement") with Center Point Development, LLC, a California limited liability company ("Original Developer"), pursuant to which the Agency would 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 Original 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 condominium/casitas 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 Original Agreement (collectively, the "Project':); and WHEREAS, the Original Agreement provided that Agency could reacquire any undeveloped portion of the Property then owned by the Original Developer in the event the Original Developer failed to commence construction of any particular phase of the Project within certain specified time frames,, interrupted construction of a particular phase of the Project for a specified period of time, or transferred a particular phase of the Project in violation of the Original Agreement, all as more particularly described in the Original Agreement; and Resolution No. 2003-118 Disposition and Development Agreement CP Development La Quinta, LLC Adopted: December 2, 2003 Page 2 WHEREAS, in accordance with Health and Safety Code Section 33433 the Agency prepared a Summary Report to consider the Agency's proposed sale of the Property as set forth in the Original Agreement, the Agency Board and the City Council, on June 3, 2003, conducted a noticed joint public hearing with respect to the Original Agreement, and the Agency Board and the City Council, in connection with their respective approvals of the Original Agreement made certain findings and determinations as set forth in City Council Resolution No. 2003-036 and La Quinta Redevelopment Agency Resolution No. 2003-09; and WHEREAS, prior to execution of the Original Agreement, the Original Developer requested certain changes thereto, including (i) changing the developer entity from the Original Developer to CP Development La Quinta, LLC, a California limited liability company ("Proposed Developer"), (ii) revising the landscaping obligations of the Proposed Developer to account for the possibility that the City does not obtain certain landscaping grants, (iii) revising the Site Plan attached to the Original Agreement and the individual parcel prices set forth therein to reflect the landscaping changes and certain other changes necessitated by the proposed installation of a well- site for the Project, which changes resulted in an increase in the purchase price of Fifty-Five Thousand Five Hundred Sixty Dollars ($55,560), and (iv) revising the insurance requirements for the Proposed Developer; and WHEREAS, a revised Summary Report for the revised Disposition and Development Agreement (the "Revised Agreement") has been prepared and the joint public hearing has been duly noticed and 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 revised Summary Report presented by the City/Agency staff and presented by persons wishing to appear and be heard concerning the impact of the Revised Agreement on the Project Area and the City of La Quinta as a whole; and WHEREAS, the Revised 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 Revised Agreement is necessary to effectuate the purposes of the Redevelopment Plan; Resolution No. 2003-118 Disposition end Development Agreement CP Development La Quinte, LLC Adopted: December 2, 2003 Page 3 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 Revised 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 revised Summary Report, which is incorporated herein. 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 Proposed 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 revised Summary Report. 3. The Revised Agreement, a copy of which is on file with the Agency Secretary, is hereby approved. The City Council consents to the Acjency's authorization and direction to its Executive Director and Agency Counsel to make final modifications to the Revised Agreement that are consistent with the substantive terms of the Revised Agreement approved hereby, and to thereafter sign the Revised 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 Revised Agreement. Resolution No. 2003-118 Dispo.ition end Development Agreement CP Development La Quinte, LLC Adopted: December 2, 2003 Page 4 PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of La Quinta held this 2nd day of December, 2003, by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None ~//~ . ' DON~ ~ADOLP~ City of La Quinta, California ATTEST: "1 JUNE-8~. GREEK, CMC, C,'-~7-Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: I~1. K/ATHERIIUE JENSON,/~ty Attorn'~ City of La. Quinta, Califo~ia