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RDA Resolution 2004-018 ,- RESOLUTION NO. RA 2004-018 r A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY APPROVING AN AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND CP DEVELOPMENT LA QUINT A, LLC FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE WHEREAS, the La Quinta Redevelopment Agency (II Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health & Safety Code Section 33000 et seq.) (IICRL"); and WHEREAS, pursuant to the CRL, the City Council01the City of La Quinta ~ (II City" or "City Council", áS applicable) approved and adopted the Redevelopment Plan ("Redevelopment Plan") for Project Area No.2 (IIProject Area"), on November 2~, 1983, by Ordinance No. 43, and amended the Redevelopment Plan on December 20, 1994, by Ordinance No. 258; and WHEREAS, on or about December 18, 2003, th~ Agency entered into a Disposition and Development Agreement ("Original Agreement") with CP Development - La Quinta, LLC, a California limited liability company ("Developer"), pursuant to which the Agency is to convey to the Developer certain real property located within the Project Area (the IIProperty") 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 II Project") ; and WHEREAS, on or about October 28,2004, Agency and Developer entered into an amendment to the Original Agreement which revised (i) certain timeframes in the Schedule of Performance attached to the Original Agreement; (ii) certain conditions that must be satisfied prior to the Agency's conveyance to Developer of the Property; and (iii) the transfer and assignment provisions in the Original Agreement ("AmendmentNo. 1 "); and WHEREAS, Agency staff have negotiated a second amendment to the Original Agreement, as modified by Amendment No.1, which would revise the Option Agreement attached thereto as Attachment No. 14A to provide for the Agency's agreement to subordinate "Repurchase Option I" in the same manner, and subject to the same terms and conditions, as the Agency has agreed to subordinate IIRepurchase - Option III" (as those terms are defined, in the Option Agreement) in order to accommodate Developer's acquisition and development lender; and Resolution No. RA 2004-018 Disposition and Development Agreement CP Development La Quinta, LtC Adopted: December 7, 2004 Page 2 WHEREAS, Amendrnent No.2 is in accordance with the Redevelopment Plan and is of benefit to the Project Area and the City of La Quint,a. r~ow, THEREFORE, BE IT RESOLVED BY THE lA QUINT A REDEVELOPMENT AGENCY AS FOllOWS: 1 . That the above recitals are true and correct and incorporated herein. 2. That Anlendment No.2 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. ,." Arnendment No.2, a copy of which is on file with the Agency Secretary, is ". ¡ hereby approved. The Agency Executive Director and Agency Counsel are .: i ~ ~ 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. ~ PASSED, ,APPROVED, and ADOPTED at a regular meeting of the . , La Quinta Redevelopment Agency held this 7th day of December, 2004, by the following vote: ¡AYES: Members Adolph, Osborne, Perkins, Sniff, Chair Henderson NOES: None ABSENT: None ABSTAIN: None -- L (. ~ NDERSON, Agency Chair Redevelopment Agency --~-- -_.._-~~----- -T _..__...~----- - -- ) Resolution No. RA 2004-018 - Disposition and Development Agreement l CP "Development La Oulnta, LLC Adopted: December 7, 2004 Page 3 ATTEST: S.GREEK, CMC, Agency Secretary La Quinta Redevelopment Agency (AGENCY SEAL) APPROVED AS TO FORM: . '.., - . K ·TH INE JENSO , Agency Counsel La Quinta Redevelopment Agency - , ¡