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RDA Resolution 2011-023RESOLUTION RA 2011 - 023 A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND AMONG THE AGENCY, MEGA DEALER, LLC, AND ROBERT N. LA TORRE, INC. FOR THE PROPERTY LOCATED AT 79 -125 HIGHWAY 111, LA QUINTA, CALIFORNIA OWNER PARTICIPATION AGREEMENT MEGA DEALER, LLC & ROBERT N. LA TORRE, INC. 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 the Plan the Agency desires to encourage and promote the rehabilitation and redevelopment of a certain approximately 3.59 acre portion of the Project Area (the "Site ") which is improved with the building and facilities currently operated as a Torre Nissan automobile dealership; and WHEREAS, the Agency staff has negotiated an Owner Participation Agreement ( "Agreement ") with Mega Dealer, LLC, the owner of the Site ( "Owner "), and Robert N. La Torre, Inc., the owner of the Torre Nissan automobile dealership ( "Developer "), pursuant to which the Agency will provide financial assistance in an amount up to, but not exceeding, One Million Five Hundred Thousand Dollars ($1,500,000) towards the costs incurred by Developer to expand the existing facilities of the dealership, all as more particularly described in the Agreement (the "Project"); and WHEREAS, such uses are consistent with City zoning applicable to the Site and with the Plan; and Resolution RA 2011 -023 Approval of the Owner Participation Agreement Mega Dealer LLC and Robert N. LaTorre, Inc 79 -125 Highway 111 Adopted: June 14, 2011 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 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 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 Agency hereby finds and determines that no 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 21 166 have occurred. 3. That the Agreement effectuates the purposes of the Community Redevelopment Law (Health & Safety Code § 33000 at seq.) and of the Plan and is in the best interests of the citizens of the City of La Quinta. 4. 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. Resolution RA 2011 -023 Approval of the Owner Participation Agreement Mega Dealer LLC and Robert N. LaTorre, Inc 79 -125 Highway 111 Adopted: June 14, 2011 PASSED, APPROVED, AND ADOPTED at a special meeting of the La Quinta Redevelopment Agency held this 14t day of June, 2011, by the following vote: AYES:Agency Members Adolph, Evans, Franklin, Sniff, Chair Henderson NOES: None ABSENT: None ABSTAIN: None A' VERONICA J. NYNTECINO, CMC, l.a Quinta Redevelopment Agency TERRY HE ERSON, Chairperson La Quinta edevelopment Agency ry .(AGENCY SEAL) AS TO M. KATHERINE JEN40 Agency Counsel La Quinta Redevelop Vent Agency