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RDA Resolution 2006-013 RESOLUTION NO. RA 2006-013 A RESOLUTION OF THE LA GUINTA REDEVELOPMENT AGENCY APPROVING A FOURTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE LA GUINTA REDEVELOPMENT AGENCY AND CP DEVELOPMENT LA GUINTA, LLC FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE WHEREAS, the La Quinta 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"); am;! 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 ("Redevelopment Plan") for Project Area No.2 ("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 Original 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; Iii} 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 Roso\u1lon No. RA 2oo6-1l13 DIspoaltion and Development Agreement CP Development La Quinto. UC Adopted: September 19. 2006 Page 2 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 terms are defined in the Option Agreement) in order to accommodate Developer's acquisition and development lender ("Amendment No.2"); and WHEREAS, on or about November 2, 2005, the Agency and Developer entered into a third amendment to the Original Agreement which changed the description of the Project to, among other things, omit the boutique hotel, increase the number of casitas units that may be developed on the Property, and extended the timeframe for the Developer's completion of the Suites Hotel ("Amendment No.3"); and WHEREAS, the Original Agreement, as modified by Amendment No.1, Amendment No.2, and Amendment No. 3 is hereinafter referred to as the UAgreement"; and WHEREAS, the Developer has entered into a purchase and sale agreement with Eisenhower Medical Center, a California nonprofit public benefit corporation ("Eisenhower"), to sell to Eisenhower the portion of the Property designated to be developed with the medical office/surgical facility (the "MOB Parcel"); and WHEREAS, Eisenhower has requested that the Option Agreement be revised such that the Agency's repurchase price for the MOB Parcel in the event of an option triggering default would reflect Eisenhower's purchase price for said parcel; WHEREAs, the Agency and the Developer have negotiated a fourth amendment to the Agreement to address the modifications desired by Eisenhower (UAmendment No.4"); and WHEREAS, Amendment No.4 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: Resolution No. RA 2006-1l13 DIsposition and Development Agreement CP Development La Quints. LLC Adopted: September 19. 2006 Page 3 1. That the above recitals are true and correct and incorporated herein. 2. That Amendment No. 4 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.4, a copy of which is on file with the Agency Secretary, is hereby approved. 4. The Agency Executive Director and Agency Counsel are hereby authorized and directed to (i) make final modifications to Amendment No.4 that are consistent with the substantive terms of Amendment No.4 approved hereby, and to thereafter sign Amendment No.4 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.4. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Redevelopment Agency held this 19th day of September, 2006, by the following vote: AYES: Board Members Adolph, Henderson, Kirk, Sniff, Chair Osborne NOES: None ABSENT: None ABSTAIN: None ~4 ~ // .$,tz::;A '////' L M. OSBORNE, Agency Chair a Quinta Redevelopment Agency ATTEST: --:r..AEb""".:J.,.. ::u...~~ Q...k C'. . DEBORAH H. POWELL, Interim Agency Secretary La Quinta Redevelopment Agency Resolution No. RA 2006-1l13 Disposition and Development Agreement CP Development La OuInta. LLC Adopted: September 19. 2006 Page 4 APPROVED AS TO FORM: