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RDA Resolution 2005-002 RESOLUTION NO. RA 2005-002 A RESOLUTION OF THE LA GUINTA REDEVELOPMENT AGENCY APPROVING AN AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS BETWEEN THE AGENCY AND STAMKO DEVELOPMENT CO. LP FOR THE PROPERTY LOCATED AT THE INTERSECTION OF HIGHWAY 111 AND DUNE PALMS ROAD WHEREAS, the la Quinta Redevelopment Agency (" Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment law r'Health & Safety Code § 33000 et seq.) (IICRl"); and WHEREAS, pursuant to the CRl, the City Council of the City of la Ouinta (IICity" or IICity Council," as applicable) approved and adopted the Redevelopment Plan r'Redevelopment Plan") for Project Area No. 2 (IIProject Area"), on May 16, 1989, by Ordinance No. 139; and WHEREAS, the Agency staff has negotiated an Agreement for Purchase and Sale and Escrow Instructions ("Agreement") with Stamko Development Co. lP, a California limited partnership ("Stamko"), pursuant to which the Agency is to sell to Stamko certain real property located within the Project Area at the intersection of Highway 111 and Dune Palms Road (the "Property") comprising approximately 2.32 net usable acres for Twenty-Six Dollars and Eighty- Six Cents ($26.86) per square foot, with the purchase price estimated to be approximately Two Million Seven Hundred Fourteen Thousand Four Hundred Forty- Five Dollars ($ 2, 714,445.00) pursuant to the terms and conditions set forth in the Agreement; and WHEREAS, the Planning Commission and the City Council have considered and approved an Amendment to the Center at la Ouinta Specific Plan (the IISpecific Plan") to incorporate the Property. The' use proposed by Stamko is consistent with the Specific Plan. In addition, an Environmental Assessment (2004-524) was prepared for this development and the remaining deveJop.ment of the Specific Plan area. The Environmental Assessment fully assessed the impacts of. the development of these areas as well as the affordable housing project on the southern portion of the specific plan area. On the basis of that Environmental Assessment, the City Council certified a Mitigated Negative Declaration of environmental impact on December 21, 2004. A Notice of Determination was filed with the County Clerk on December 22, 2004. City staff and the City's consultants have carefully reviewed the scope of the development proposed by Stamko and hav.e concluded that the potential impacts of its construction and Resolution No. RA 2005-002 Purchase and Sale Agreement - Stamko Adopted: March 15, 2005 Page 2 operation are well within those previously analyzed in the Environmental Assessment and that no additional impacts will result from the project. In addition, there is no new information or change in circumstances which would trigger any obligation to complete further environmental analysis. Therefore, City staff has determined that no further environmental review is necessary pursuant to California Public Resources Code Section 21166. WHEREAS, Health and' Safety Code Section 33431 requires that the Agency Board and the City Council conduct a noticed joint public hearing with respect to the Agency's sale of the Property pursuant to the Agreement; and WHEREAS, the joint public hearing has been conducted in accordance with applicable requirements of law; and WHEREAS, the City Council and the Agency have considered all the information and evidence presented by the City/Agency staff and presented by persons wishing to appear and be heard concerning the Agency's sale of the Property pursuant to the Agreement; and WHEREAS, the Agreement is in accordance with the Redevelopment Plan and is of benefit to the Project Area and the City of La Ouinta; and WHEREAS, the Agency 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 LA QUINTA REDEVELOPMENT AGENCY AS FOLLOWS: 1 . That the above recitals are true and correct and incorporated herein. 2. That the Agency hereby finds and determines that the Agreement 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 Ouinta. Resolution No. RA 2005-002 Purchase and Sale Agreement - Stamko Adopted: March 15, 2005 Page 3 3. 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. 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 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 Ouinta Redevelopment Agency held this 15th day of March, 2005, by the following vote: AYES: Members Adolph, Henderson, Perkins, Sniff, Chairman Osborne NOES: None ABSENT: None ABSTAIN: None E OSBORNE, Agency Chair La Ouinta Redevelopment Agency ATTEST: . GREEK, CMC, Agency Secretary . ta Redevelopment Agency (AGENCY SEAL) Resolution No. RA 2005-002 Purchase and Sale Agreement - Stamko Adopted: March 15, 2005 Page 4 APPROVED AS TO FORM: M. KAT ERINE JENSO , gency Counsel La Quinta Redevelopment Agency