Loading...
RDA Resolution 2004-016 RESOLUTION NO. RA 2004-016 r-- f ; A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY APPROVING AMENDMENT NO. 2 TO AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BETWEEN THE AGENCY AND 48TH AND ADAMS, LLC, FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF AVENUE 48 AND ADAMS STREET WHEREAS, the La Quinta Redevelopment Agency (" Agency") is a public body, corpprate 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 (1lRedevelopment Plan") for Project Area No. 2 (nproject Area"), on May 16,1989, by Ordinance No. 139; and WHEREAS, on or about January 22, 2003, the Agency and Santa Rosa Development, Inc., a California corporation (the IIOriginal Developer") entered ,-- into that certain Agreement for Purchase and Sale and Escrow Instructions (the "Original P&S Agreement"), pursuant to which Agency agreed to sell to the Original Developer, and the Original Developer agreed to purchase from Agency, for the purchase price of Eight Hundred One Thousand Three Hundred Fifty-Eight Dollars ($801,358.00), that certain real property located at the corner of Avenue 48th and Adams Street, in the City of La Quinta, County of Riverside, State of California (the IISite") , and to construct thereon a residential development containing thirty-six (36) single family homes and related landscaping and other improvements (the "Project"); and WHEREAS, on or about June 22, 2004, the Agency and the Original Developer amended the Original P&S Agreement and the Option Agreement attached as Exhibit lIE" to the Original P&S Agreement (the "Original Option Agreement") by that certain Waiver and Replacement of Conditions for Closing for the Purchase and Sale Agreement and for the Option Agreement (" Amendment No. 1") to revise, among other terms, various provisions related to the II Project Entitlements" (as that term is defined in the Original P&S Agreement). The Original P&S Agreement, as amended by Amendment No.1, is hereinafter referred to as the II Amended P&S Agreement" and the Original Option Agreement, as amended by Amendment No.1, is hereinafter referred to as thellAmended Option Agreement"; and - Resolution No. RA 2004-016 Amendment No.2 to 48th & Adams Purchase & Sale Agreement Adopted: October 19, 2004 Page 2 WHEREAS, on or about July 16, 2004, the Original Developer assigned all of its right, title and interest in and to the Amended P&S Agreement to 48th and Adams, LLC, a California limited partnership; and WHEREAS, Agency staff has negotiated a second amendment to the Amended P&S Agreement and the Amended Option Agreement (II Amendment No. 2") to further revise the provisions related to the Project Entitlements, and to revise the subordination provisions set forth in the Amended Option Agreement; and WHEREAS, Amendment No. 2 is in accordance with the Re,development Plan and is of benefit to the Project Area and the City of La Quinta; and NOW, THEREFORE, BE IT RESOLVED BY THE LA GUINTA REDEVELOPMENT AGENCY AS FOLLOWS: 1 . That the above recitals are true and correct and incorporated herein. 2. That the La Quinta Redevelopment Agency hereby finds and determines that Amendment No. 2 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. 3. Amendment No.2, 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 Amendment No.2 that are consistent with the substantive terms of Amendment No. 2 approved hereby, and the Agency Executive Director is authorized to thereafter sign Amendment No. 2 on behalf of the Agency. 4. 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 (ij) take such other and further actions, as may be necessary and proper to carry out the terms of Amendment No.2. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Redevelopment Agency held this 19th day of October, 2004, by the following vote: -~ --:------------.,--- ---...--..--........-- - - - _. ---- Resolution No. RA 2004-016 Amendment No.2 to 48th & Adams Purcha.e & Sa" Agreement Adopted: October 19, 2004 Page 3 r- ! f t AYES: Members Adolph, Osborne, Perkins, Sniff, Chair Henderson NOES: None ABSENT: None ABSTAIN: None ~u dt . ~ ~~,~ TERRY NDERSON, Chair La Quinta Redevelopment Agency ATTEST: :- ~LJ~" f)/ I . . GREEK, C , ncy Secretary I La Quinta Redevelopment Agency ì (Agency Seal) APPROVED AS TO FORM: , Agency Counsel nt Agency - ¡ / ,