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RDA Resolution 2011-010RESOLUTION NO. RA 2011 - 010 A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY, APPROVING A FIRST AMENDMENT BETWEEN THE AGENCY AND THE COACHELLA VALLEY WATER DISTRICT, AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 WITH RESPECT TO THE AGENCY'S EXPENDITURE WHEREAS, the La Quinta Redevelopment Agency ( "Agency ") is a redevelop- ment 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 ( "City Council" or "City," as applicable); and WHEREAS, pursuant to the CRL, the City Council approved and adopted the Redevelopment Plan ( "Redevelopment Plan ") for La Quinta Project Area No. 1 ( "Project Area ") on November 29, 1983, by Ordinance No. 43; and WHEREAS, the Agency and the Coachella Valley Water District ( "CVWD ") previously entered into that certain Domestic Water and Sanitation System Installation and Irrigation Service Agreement on or about June 11, 2005, with respect to the provision of water and sanitation services to the SilverRock Resort area (the "Agreement "); and WHEREAS, the SiverRock Resort area is located within the Project Area; and WHEREAS, the Agreement provides, among other things, for the Agency to provide CVWD with title to six (6) domestic water well sites (each, a "Well Site "), and for the installation of drainage and certain other improvements and facilities at each of such sites (collectively, the "Well Site Requirements "); and WHEREAS, pursuant to the Agreement, the Agency has provided or caused to be provided to CVWD one (1) Well Site, located at Wolff Waters Place, near Avenue 48 and Dune Palms Road, in the City of La Quinta, State of California, and has or shall provide the Well Site Requirements with respect to such Well Site; and WHEREAS, the Agency and CVWD have negotiated an amendment to the Agreement (the "Amendment "), that would provide for the Agency to pay to District in lieu payments that would satisfy the Agency's obligation to provide five (5) Well Sites and the Well Site Requirements with respect to each of such Well Sites (each, an "In Lieu Payment "); and WHEREAS, the In Lieu Payment amount would be determined pursuant to an appraisal of a half acre parcel of real property in the City that would meet CVWD's criteria for well sites; and Resolution No. RA 2011 -010 CVWD Well Site Amendment Adopted: Match 15. 2011 Page 2 WHEREAS, with the legislative body's consent and the satisfaction of certain specified requirements set forth in Health and Safety Code Section 33445, the CRL authorizes redevelopment agencies to expend tax increment funds to acquire real property for, and to fund the cost of the installation and construction of, publicly owned buildings, facilities, and improvements; and WHEREAS, the Amendment is in accordance with the Redevelopment Plan and is of benefit to the Project Area and the City of La Quinta; and WHEREAS, the Agency's financial contribution pursuant to the Amendment is necessary to effectuate the purposes of the Redevelopment Plan; NOW THEREFORE, BE IT RESOLVED by the La Quinta Redevelopment Agency, as follows: SECTION 1. The above recitations are true and correct. SECTION 2. Pursuant to Health and Safety Code Section 33445(a), the La Quinta Redevelopment Agency finds and determines that: A. The publicly owned improvements funded pursuant to the Amendment ( "Improvements ") are of benefit to the Project Area, by helping to eliminate blight within the Project Area, in that the Improvements consist of public infrastructure improvements, and the Redevelopment Plan provides for the elimination, and prevention of the spread, of blight and blighting influences through the installation, construction, or re- construction of streets, utilities, and other public facilities and improvements. B. No other reasonable means of financing the Improvements are available to the community, for the following reasons: (i) City monies are dedicated to critical police, fire, and other necessary expenditures, including other capital improvement projects; (ii) the only practical means of paying for the Improvements is to use Agency funding; (iii) without Agency funding for the Improvements, the Improvements would not be completed, all to the detriment of the Project Area. C. The Improvements are consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490 ( "Implementation Plan "), in that improving public infrastructure and facilities within the Project Area are goals set forth in the Implementation Plan. SECTION 3. The Agency's expenditure for the Improvements is necessary to effectuate the purposes of the Redevelopment Plan and is in the best interests of the City of La Quinta. SECTION 4. The Amendment, 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 Amendment that are consistent with the substantive terms of the Amendment approved hereby, and to thereafter sign the Amendment on behalf of the Agency. Resolution No. RA 2011 -010 CVWD Well Site Amendment Adopted: March 15, 2011 Page 3 SECTION 5. The Executive Director is hereby authorized and directed to (i) sign such other and further documents 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 Amendment. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Redevelopment Agency held on this 15th day of March, 2011, by the following vote to wit: AYES: Council Members Evans, Franklin, Henderson, Mayor Adolph NOES: Council Member Sniff ABSENT: None ABSTAIN: None C� TERRY ENDERSON, Chairperson La Qui t Redevelopment Agency ATTEST: ,VEKUNI(;A J. La Quinta Ref Agency , Secretary ;,(Agency Seal) APPROVED AS TO FORM: M. KA`fHEVf 4E JENSeN, agency Counsel La Quinta RedevelopmentAqencV