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RDA Resolution 2005-011 RESOLUTION NO . RA 2005-011 A RESOLUTION OF THE LA QUINT A REDEVELOPMENT AGENCY APPROVING A THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE LA QUINT A REDEVELOPMENT 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 Ouinta 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 Ouinta ("City" or "City Council", as applicable) approved and adopted the Redevelopment Plan ("Redevelopment Plan") for Project Area No.2 r'Project Area") on May 16, 1989, by Ordinance No. 139, and amended the Redevelopment Plan on December 20, 1994, by Ordinance No. 259, on February 3, 2004, by Ordinance No. 399, and on March 16, 2004, by Ordinance No. 403; and WHEREAS, on or about December 18, 2003, the Agency entered into that certain Disposition and Development Agreement ("Original Agreement") with CP Development La Quinta, LLC, a California limited liability company ("Developer"), pursuant to which the Agency conveyed to the Developer certain real property located within the Project Area (the "Property") for the Developer's 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 Agreement (collectively, the "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; (ij) certain conditions that had to be satisfied prior to the Agency's conveyance to Developer of the Property; and (iii) the transfer and assignment provisions in the Original Agreement ("Amendment No.1"); and WHEREAS, on or about December 7, 2004, Agency and Developer entered into a second amendment to the Original Agreement which revised the Option Agreement attached thereto to provide for the Agency's agreement to subordinate "Repurchase Option 1" in the same manner, and subject to the same terms and conditions, as the Agency had agreed to subordinate "Repurchase Option III" (as those Resolution No. RA 2005-011 Disposition .and Development Agreement CP Development La Guinta, LLC Adopted: November 1, 2005 Page 2 terms are defined in the Option Agreement) in order to accommodate Developer's acquisition and development lender ("Amendment No.2"); and WHEREAS, the Original Agreement, as modified by Amendment No. 1 and Amendment No.2, is hereinafter referred to as the "Agreement"; and WHEREAS, the Developer now wishes to revise the Agreement to change the description of the Project to, among other things, omit the boutique hotel, increétse the number of casitas units that may be developed on the Property, and extend the timeframe for the Developer's completion of the Suites Hotel; and WHEREAS, the Agency and the Developer have negotiated a third amendment to the Agreement to address the modifications desired by the Developer ("Amendment No.3"); and WHEREAS, concurrently with the Developer's negotiations with the Agency regarding Amendment No.3, the Developer is processing through the City an amendment to the Developer's Specific Plan; and WHEREAS, Amendment No.3 is in accordance with the Redevelopment Plan and is of benefit to the Project Area and the City of La Quinta. NOW, 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 Amendment No. 3 effectuates the purposes of the CRL and of the Redevelopment Plan and is in the best interests of the citizens of the City of La Quinta. 3. That Amendment No.3, a copy of which is on file with the Agency Secretary, is hereby approved, subject to (i) the City Council's adoption of a resolution approving the proposed amendment to the Specific Plan; and (in the City Council's adoption of an ordinance approving a proposed second amendment to Development Agreement 2003-006, both of which are being considered concurrently with the Agency's consideration of Amendment No.3. _._~.._._---_.._.- ----.-.- Resolution No. RA 2005-011 Disposition and Development Agreement CP Development La Guinta. LLC Adopted: November 1. 2005 Page 3 4. The Agency Executive Director and Agency Counsel are hereby authorized and directed to (i) make final modifications to Amendment No.3 that are consistent with the substantive terms of Amendment No.3 approved hereby, and to thereafter sign Amendment No.3 on behalf of the Agency, and (ii) take such other and further actions, and sign such other and further documents that require the Agency's signature, as may be necessary and proper to carry out the terms of Amendment No.3. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Ouinta Redevelopment Agency held this 1st day o~ November, 2005, by the following vote: AYES: Members Adolph, Sniff, Vice Chair Henderson NOES: None ABSENT: Member Perkins, Chairman Osborne ABSTAIN: None ATTEST: ~:···-RL4--Ð . . GREEK, CMC, cy Secretary La Quinta Redevelopment Agency (AGENCY SEAL) APPROVED AS TO FORM: . K TINE JENSON, encyCounsel La Ouinta Redevelopment Agency