Loading...
SA Resolution 2012-012RESOLUTION NO. SA 2012 - 012 A RESOLUTION OF THE CITY AS SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY APPROVING A SEVENTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE FORMER LA QUINTA REDEVELOPMENT AGENCY AND CP DEVELOPMENT LA QUINTA, LLC FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE WHEREAS, pursuant to authority under the California Community Redevelopment Law (Health & Safety Code Section 33000 et seq.) ( " CRL "), on or about December 16, 2003, the former La Quinta Redevelopment Agency ( "Agency ") entered into a Disposition and Development Agreement ( "Original Agreement ") with CP Development La Quinta, LLC, a California limited liability company ( "Developer "), pursuant to which the Agency conveyed to the Developer certain real property located within the Agency's Project Area No. 2 (the "Property ") for the Developer's development thereon of a commercial project containing a medical office /clinic, a boutique hotel, a mid -price suites hotel, a resort -style condominium /casitas development, two sit -down restaurants, and two single - family residential developments, with forty of the single - family homes restricted for sale to moderate - income buyers at an affordable housing cost, all as more particularly described in the Original Agreement (collectively, the "Original Project "); and WHEREAS, the Agency and Developer have amended the Original Agreement on six prior occasions, for purposes of revising, among other things, timelines for and various components of the Original Project (as amended, the "Agreement" or the "Project ", as applicable); and WHEREAS, the Developer has sold the portion of the Property designated pursuant to the Agreement to be developed with 40 affordable single - family homes (the "Subject Property ") to La Quinta Retirement Residence Limited Partnership, a Washington limited partnership ( "LQRRLP "); and WHEREAS, LQRRLP has processed through the City and has obtained the approvals and entitlements necessary to develop on the Subject Property a senior living facility that will include, (i) a 132 suite retirement community, (ii) four single -story duplex cottages, (iii) a 72 suite assisted living community, and (iv) a 32 bed memory care facility; and WHEREAS, as part of the 2011-12 State budget bill, the California Legislature enacted and the Governor signed, ABx1 26, requiring that each redevelopment agency be dissolved; and Resolution No. SA 2012 -012 CP Development La Quinta, LLC Disposition & Development Agreement - Amendment 7 Adopted: October 16, 2012 WHEREAS, an action challenging the constitutionality of ABx1 26 and companion bill ABx1 27 was filed in the California Supreme Court by the California Redevelopment Association, the League of California Cities, and two individual cities; and WHEREAS, on December 29, 2011, the Court upheld ABx1 26 and struck down as unconstitutional ABx1 27; and WHEREAS, pursuant to (i) Health and Safety Code section 34171 (j), added by ABx1 26 and amended by Assembly Bill 1484, enacted by the California Legislature and signed by the Governor on June 27, 2012, and (ii) City Council Resolution No. 2012 -002, the City of La Quinta ( "City ") is the "successor agency" to the former Agency, and in such capacity acts as the "City as Successor Agency to the La Quinta Redevelopment Agency "; and WHEREAS, pursuant to Health and Safety Code section 341770►, added by ABx1 26, successor agencies are required to oversee development of properties until the contracted work has been completed; and WHEREAS, the Successor Agency has negotiated with the LQRRLP a seventh amendment.to the Agreement to address the modifications desired by LQRRLP with respect to the Subject Property ( "Amendment No. 7 "); and WHEREAS, Amendment No. 7 is of benefit to the City of La Quinta; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the City as Successor Agency to the La Quinta Redevelopment Agency does resolve as follows: SECTION 1 . That the above recitals are true and correct and incorporated herein. SECTION 2 . That Amendment No. 7 is in the best interest's of the citizens of the City of La Quinta. SECTION 3 . That Amendment No. 7, a copy of which is on file with the Successor Agency Secretary, is hereby approved, subject to (i► the adoption by the City Council of the City of La Quinta of an Ordinance approving an amendment to that certain Development Agreement entered into by and between the City and the Developer on or about December 18, 2003 (the "DA") that makes conforming changes to the DA. Resolution No. SA 2012 -012 CP Development La Quinta, LLC Disposition & Development Agreement - Amendment 7 Adopted: October 16, 2012 SECTION 4 . The Successor Agency Executive Director and Successor Agency Counsel are hereby authorized and directed to (i) make final modifications to Amendment No. 7 that are consistent with the substantive terms of Amendment No. 7 approved hereby, and to thereafter sign Amendment No. 7 on behalf of the Successor Agency, and (ii) take such other and further actions, and sign such other and further documents that require the Successor Agency's signature, as may be necessary and proper to carry out the terms of Amendment No. 7. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City as Successor Agency to the La Quinta Redevelopment Agency held this 16th day of October, 2012, by the following vote: AYES: Agency Members Evans, Franklin, Henderson, Osborne, Chair Adolph NOES: None ABSENT: None ABSTAIN: None DON ADO H, Chair erson Successor Agency to the La Quinta Redevelopment Agency ATTEST: 5 t 4 40c� SUSAN MAYSELS, Sbcretary Successor Agency to the La Quinta Redevelopment Agency APPROVED AS TO FORM: gucce Zsor HERINE JE N, Counsel Agency the La Quinta Redevelopment Agency