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CC Resolution 2006-033 RESOLUTION NO. 2006-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AN AFFORDABLE HOUSING AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE COACHELLA VALLEY HOUSING AUTHORITY FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF AVENUE 48 AND DUNE PALMS WHEREAS, the La Guinta Redevelopment Agency r' Agency") is a public body, corporate 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 Guinta ("City" or "City Council," as applicable) approved and adopted the Redevelopment Plan (IIRedevelopment Plan") for Project Area No. 2 (IIProject Area"), on May 16, 1989, by Ordinance No. 139; and WHEREAS, a fundamental purpose of the CRL is to expand the supply of low- and moderate-income housing (Health & Saf. Code, § 33071); and WHEREAS, the Agency staff has negotiated an Affordable Housing Agreement ("Agreement") with the Coachella Valley Housing Authority, a non-profit California corporation ("Developer"), pursuant to which (i) the Agency is to convey to the Developer certain real property located within the Project Area (" Property") for One Dollar ($1 .00) for the Developer's subsequent development thereon of a Two Hundred Eighteen (21 8) unit multi-family affordable housing development restricted for rental to and occupancy by persons and families of very low income (i.e., persons and families whose income does not exceed 50% of the median income for Riverside County) at rent levels affordable to such persons (the "Project"); (ij) the Agency is to reimburse the Developer, in an amount up to but not exceeding Thirty Million One Hundred Fifty Three Thousand Four Hundred Thirty Five Dollars ($30,153,435), from the Agency's Low and Moderate Income Housing Fund ("Housing Fund"), for engineering, architectural, planning and development costs (the "Agency Assistance"), all as more particular described in the Agreement; and WHEREAS, pursuant to the Agreement, Developer, as a condition to Agency's provision of the Agency Assistance, shall record against the Property an Agency Regulatory Agreement and Declaration of Covenants and Restrictions that restricts the use of the Property, for a period of fifty-five (55) years, as an affordable rental housing project; and Resolution No.' 2006-033 Affordable Housing Agreement Coachella Valley Housing Coalition Adopted: April 4, 2006 Page 2 WHEREAS, Health and Safety Code Section 33433· requires that the Agency prepare a Summary Report to consider the Agency's proposed financial contribution to the Project as set forth in the Agreement, that the Agency Board and City Council conduct a noticed joint public hearing with respect to the Agreement, and that the approval of the . Agreement be accompanied by certain findings and determinations as set forth herein; and WHEREAS, a Summary Report for the Agreement has been prepared and the joint public hearing has been conducted in accordance· with applicable requirements of law ; and WHEREAS, ,the City Council and the Hedevelopment Agency have considered all the information and evidence set forth in the Summary Report presented by the City/Agency staff and presented by persons wishing to appear and be heard concerning the impact of the Agreement on the Project Area and the City as a whole; and WHEREAS, the Agreement is in accordance with the Redevelopment Plan and is of benefit to the Project Area and the City of La Guinta; and WHEREAS, the City Council hereby determines that the Agency's financial contribution pursuant to the Agreement is necessary to effectuate the purposes of the Redevelopment Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: 1 . That the above recitals are true and correct and incorporated herein. 2. That the City Council resolves as follows: a. 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 Guinta. b. The Agency's sale of the real property identified herein will provide housing for very low income persons and iscònsistent with the Agency's Five-Year Implementation Plan, based on the findings and conclusions of the Summary Heport, which is incorporated herein. --~-- -- -_._----~--~- --- ------ ----- - ..... '. .. Resolution No. 2006-033 Affordable Housing Agreement Coachella Valley Housing Coalition Adopted: April 4, 2006 Page 3 c. The consideration the Developer will pay for the real property to be conveyed by the Agency is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale, based on the findings and conclusions of the Summary Report. 3. The Agreement, a copy of which is on file with the Agency Secretary, is hereby approved. The City Council consents to the Agency's authorization and direction to its Executive Director and Agency counsel to make final modifications to the Agreement that are consistent with the substantive terms of the Agree~ent approved hereby, and to thereafter sign the 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 Agreement. PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of La Guinta held this 4th day of April, 2006, by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None Resolution No. 2006-033 Affordable Housing Agreement Coachella Valley Housing Coalition . Adopted: April 4, 2006 Page 4' ' ATTEST: JUœRËËK'~i~~. 1J 'City of La Guinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENS , City Attorney City of La Guinta, California -~_.-