RDA Resolution 2010-009RESOLUTION RA 2010 - 009
A RESOLUTION OF THE LA QUINTA REDEVELOPMENT
AGENCY APPROVING AN OWNER PARTICIPATION
AGREEMENT BETWEEN THE AGENCY AND GARFF
PROPERTIES-LA QUINTA, LLC, FOR THE PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY
111 AND LA QUINTA DRIVE
OWNER PARTICIPATION AGREEMENT
GARFF PROPERTIES-LA QUINTA, LLC
WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a Community
Redevelopment Agency organized and existing under the California Community
Redevelopment Law ("Health & Safety Code § 33000 et seq.) ("CRL") and has been
authorized to transact business and exercise the powers of a redevelopment agency
pursuant to action of the City Council of the City of La Quinta (the "City Council"); and
WHEREAS, The City Council, acting pursuant to the provisions of the California
Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) has
adopted Ordinance 139 approving the Redevelopment Plan (the "Plan") for the La
Quinta Redevelopment Project No. 2 (the "Project Area"); and
WHEREAS, in order to carry out and implement such Redevelopment Plan the
Agency desires to encourage and promote the rehabilitation and redevelopment of a
certain approximately 3.58 acre portion of Project Area 2 (the "Site") which is
improved with the building and facilities previously operated as a Kia automobile
dealership; and
WHEREAS, the Agency staff has negotiated an Owner Participation Agreement
("Agreement") with Garff Properties-La Quinta, LLC, a Utah limited liability company
("Developer"), pursuant to which the Agency will provide financial assistance towards
the costs incurred by Developer to expand the existing facilities for use as a Chevrolet
automobile dealership and construct new facilities for use as a Cadillac automobile
dealership, all as more particularly described in the Agreement (collectively, the
"Project"); and
WHEREAS, such uses are consistent with City zoning applicable to the Site and
with the Redevelopment Plan; and
WHEREAS, the Community Development Department of the City prepared an
Environmental Impact Report (State Clearinghouse No. 97011055) (the "EIR") under
Environmental Assessment 97-337 for, among other approvals, Specific Plan No. 97-
029, which provided for the development of an 87 acre multi-phased mixed use
project consisting of an auto sale/service mall and retail complex. The City Council
certified the EIR on July 15, 1997. Staff recommends the Agency determine that no
Resolution No. RA 2010-009
Owner Participation Agreement
Garff Properties-La Quinta, LLC
Adopted: July 6, 2010
Page 2
subsequent or supplemental EIR is required because the Project is consistent with, and
contemplated by, the EIR, and none of the events listed in Public Resources Code
Section 21166 have occurred; and
WHEREAS, the Redevelopment Agency hereby determines that the Agency's
financial assistance 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 La Quinta Redevelopment Agency hereby 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 Quinta.
b. The Agency's financial assistance will eliminate blight and is consistent with the
Agency's Five-Year Implementation Plan, based on the findings and conclusions
therein, which are incorporated herein.
The Agreement, a copy of which is on file with the Agency Secretary, is hereby
approved. The Agency authorizes and directs its Executive Director and Agency
Counsel to (i) make final modifications to the Agreement that are consistent with
the substantive terms of the Agreement approved hereby, and to thereafter sign the
Agreement on behalf of the Agency,(ii) sign such other and further documents,
including but not limited to Subordination Agreements and escrow instructions that
require the Agency's signature, and (iii) 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 Quinta
Redevelopment Agency held this 6th day of July, 2010, by the following vote:
AYES: Agency Members Adolph, Franklin, Henderson, Sniff, Chair Evans
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. RA 2010-009
Owner Participation Agreement
Garff Properties-La Quinta, LLC
Adopted: July 6, 2010
Page 3
C
LINDA EVANS, Chairperson
La Quinta Redevelopment Agency
ATTEST:
VERONI"Cla~J. NTECINO, CMC, Secretary
_La Quinta Re .velepment Agency
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APPROVED AS TO FORM:
r
. KAT ERINE J SON, Agency Counsel
La Quinta Redevel pment Agency