RDA Resolution 2011-018RESOLUTION NO. RA 2011 - 018
A RESOLUTION OF THE LA OUINTA REDEVELOPMENT
AGENCY APPROVING AN AGREEMENT FOR PURCHASE
AND SALE BY AND BETWEEN THE CITY OF LA OUINTA
AND THOMAS H. CASEY, BANKRUPTCY TRUSTEE FOR
THE ESTATE OF MICHAEL ANTHONY FISCHER, SR.,
AND MAKING CERTAIN FINDINGS PURSUANT TO
HEALTH AND SAFETY CODE SECTION 33445 WITH
RESPECT TO THE AGENCY'S EXPENDITURE AND
APPROPRIATING $345,000 TO FUND THE ACQUISITION
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, Agency staff has negotiated a Purchase and Sale Agreement
with Thomas H. Casey, Bankruptcy Trustee for the estate of Michael Anthony
Fischer, Sr. for real property located at 78 -181 Avenida La Fonda ( "Property "), to
facilitate off - street parking opportunities, the expansion of recreation opportunities,
or the development of affordable housing (collectively, the "Infrastructure
Improvements"), to facilitate access to the Village; and
WHEREAS, the Property is located within the Project Area; and
WHEREAS, the Agreement would provide for the Agency's expenditure of
Two Hundred Seventy -Five Thousand Dollars ($275,000) plus closing costs to
acquire the Property; and
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 Agreement 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 Agreements
is necessary to effectuate the purposes of the Redevelopment Plan;
Resolution No. RA 2011 -018
Property Purchase and Sale Agreement
Seller: Fischer / Thomas H. Casey, Chapter 7 Bankruptcy Trustee
APN 770 - 125 -003
Adopted: June 7, 2011
Page 2
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 acquisition of :land pursuant to the Agreements for the future
development of the Infrastructure Improvements is of benefit to the
Project Area, by helping to eliminate blight within the Project Area, in
that the Infrastructure Improvements will 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 purchase of the Property
or the Infrastructure 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
Property and Infrastructure Improvements is to use Agency funding;
(iii) without Agency funding, Property could not be acquired and the
Infrastructure Improvements would not be completed, all to the
detriment of the Project Area.
C. The acquisition of the Property and the future installation of the
Infrastructure 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 Property for future development
with the Infrastructure 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 Agency authorizes the appropriation and expenditure of up to
$345,000 to close the transaction contemplated by the Purchase and Sale
Agreement, and fund relocation and demolition costs from Project Area No. 1
Capital Projects Fund (Account Number 405 - 0000 - 290.00 -00 ). The Agency also
approves the Purchase and Sale Agreement and authorizes the Executive Director
to execute all necessary documents to implement the Agreement.
Resolution No. RA 2011 -018
Property Purchase and Sale Agreement
Seller: Fischer / Thomas H. Casey, Chapter 7 Bankruptcy Trustee
APN 770 - 125 -003
Adopted: June 7, 2011
Page 3
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
Redevelopment Agency held on this 7th day of June, 2011, by the following vote
to wit:
AYES: Agency Members Adolph, Franklin, Sniff, Chair Henderson
NOES: None
ABSENT: Agency Member Evans
ABSTAIN: None
L
TERRY H ERSON, Chairperson
La Quinta edevelopment Agency
0
VERONICA J. YONTECINO, CMC, Agency Secretary
La Quinta Redevelopment Agency
(Agency Seal)
APPROVED AS TO FO M:
KATHERINE JENS N, ency ounsel
La Quinta Redevelopment Agency