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OBRES 2012-006 RESOLUTION NO. OB 2012 -006 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO LA QUINTA REDEVELOPMENT AGENCY APPROVING A CHANGE TO THE SCHEDULE OF PERFORMANCE TO AN OWNER PARTICIPATION AGREEMENT BETWEEN THE FORMER LA QUINTA REDEVELOPMENT AGENCY, MEGA DEALER, LLC, AND ROBERT N. LA TORRE, INC., AND AUTHORIZING THE CONTINUED ADMINISTRATION AND IMPLEMENTATION OF THE SAME WHEREAS, the Oversight Board of the Successor Agency to La Quinta Redevelopment Agency ( "Oversight Board ") has been established to direct the City of La Quinta, in its capacity as "successor agency," to take certain actions to wind down the affairs of the former La Quinta Redevelopment Agency ( "Agency ") in accordance with the requirements of Assembly Bill 26, also known as chapter 5, Statutes 2011, First Extraordinary Session, which added Part 1.8 and Part 1.85 of Division 24 of the California Health and Safety Code ( "ABx1 26 "); and WHEREAS, on or about June 14, 2011, the former Agency entered into an Owner Participation Agreement ( "Agreement ") with Mega Dealer, LLC and Robert N. La Torre, Inc, pursuant to which the Agency agreed to provide financial assistance in an amount up to One Million Five Hundred Thousand Dollars ($1,500,000) towards the costs to expand the existing Torre Nissan automobile dealership; and WHEREAS, the Agreement contains a Schedule of Performance (the "Schedule ") that requires the expansion project to be completed by June 14, 2012; and WHEREAS, due to unanticipated delays, including, without limitation, the uncertainty caused by the dissolution of the Agency, the developer has requested a revision to the Schedule that would extend the project completion date until October 14, 2012; and WHEREAS, the City, as the Successor Agency to the former Agency, has approved the requested revision to the Schedule; and NOW, THEREFORE, the Oversight Board of the Successor Agency to La Quinta Redevelopment Agency does hereby resolve as follows: SECTION 1. The above Recitals are true and correct. Resolution No. OB 2012 -006 Approval of Revision to Nissan OPA Schedule Adopted: April 4, 2012 Page 2 SECTION 2. The Oversight Board approves the approval by the City, as Successor Agency to the former Agency, of the revised Schedule, which revised Schedule is on file with the Secretary of the Oversight Board. SECTION 3. The City, as Successor Agency to the former Agency, has the right and authority to continue administering and implementing the Agreement, and no further approvals or authorizations are required by the Oversight Board with respect to the same. SECTION 4. The Oversight Board has determined not to terminate or renegotiate the Agreement pursuant to its authority under Health and Safety Code Section 34181(e). PASSED, APPROVED and ADOPTED at a regular meeting of the Oversight Board of the Successor Agency to La Quinta Redevelopment Agency held this 4 day of April, 2012 by the following vote, to wit: AYES: Board Members Ellis, Marshall, Maysels, McDaniel, Osborne and Chairperson Pena NOES: None ABSENT: Board Member Nelson ABSTAIN: None ^\ / o JOHN J Oversight Board of the Successor Agency to La Quinta Redevelopment Agency ATTEST: toss • RI AFOND Oversight Board S6cr =tary