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Housing Auth & Successor Agency/Section 8 Housing 13ASSIGNMENT AND ASSUMPTION AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Assignment") is entered into by and between SUCCESSOR AGENCY TO THE LA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Assignor"), and LA QUINTA HOUSING AUTHORITY, a public body, corporate and politic ("Assignee"), as of this 16th day of December, 2013, with reference to the following facts: A. The former La Quinta Redevelopment Agency ("Agency") has entered into various Lease Agreements with residential tenants receiving "Section 8" assistance from the U.S. Department of Housing and Urban Development pursuant to Section 8 of the Housing Act of 1937 (42 U.S.C. § 1437f) (collectively, the "Lease Agreements"). A list of the Lease Agreements is attached hereto and incorporated herein as Exhibit "A". B. Pursuant to Assembly Bill 26 from the 2011-12 First Extraordinary Session of the California Legislature, which was signed by the Governor on June 28, 2011 ("ABxI 26"), all redevelopment agency activities, except continued performance of "enforceable obligations," were immediately suspended. A lawsuit was filed, challenging the constitutionality of ABxI 26 and companion bill ABx1 27 (which would have allowed redevelopment agencies to remain in existence and continue redevelopment, if the legislative bodies that established the agencies elected to participate in a "voluntary alternative redevelopment program" and make certain remittance payments). The California Supreme Court upheld the constitutionality of ABx1 26, revising the effective dates of certain provisions, and struck down as unconstitutional ABxI 27. (California Redevelopment Assn. v. Matosantos (2011) 53 CalAth 231. ABxl 26 is chapter 5, Statutes 2012, First Extraordinary Session, which added Part 1.8 (suspension provisions) and Part 1.85 (dissolution provisions) ("Part 1.85") of Division 24 of the Health and Safety Code. Pursuant to Health and Safety Code Section 341710), added by Part 1.85, the City of La Quinta ("City") is the "successor agency" to the Agency. On January 3, 2012, the La Quinta City Council adopted Resolution No. 2012-002, pursuant to which the City elected (a) to be the "successor agency" to the Agency, and (b) to have the Assignee be the "housing successor" to the Agency. On January 17, 2012, the Assignee adopted HA Resolution No. 2012-002, affirmatively electing to be the "housing successor" to the Agency. C. Pursuant to Health and Safety Code Section 34176(b), added by Part 1.85, all of the housing assets and functions of the Agency were transferred to the Assignee. Administration of the Lease Agreements is a function of the Agency that was transferred to the Assignee. D. Assignor now desires to assign and transfer to Assignee, and Assignee desires to accept from Assignor, all of Assignor's right, title and interest in and to the Lease Agreements. NOW THEREFORE, Assignor and Assignee agree as follows: 1. Assignment. Assignor hereby assigns, conveys, transfers and delivers to Assignee all of Assignor's right, title, and interest in and to the Lease Agreements, and Assignee hereby accepts such assignment and agrees to assume performance of all terms, covenants and conditions occurring or arising under the Lease Agreements as of the date of this Assignment. 882/015610-0040 -1 6366694.1 a00/00/00 2. Assumption of Obli¢ations. By acceptance of this Assignment, Assignee hereby agrees to assume all of Assignor's right, title, and interest in and to the Lease Agreements, and Assignee agrees to timely discharge, perform or cause to be performed and to be bound by all of the liabilities, duties and obligations imposed in connection with the Lease Agreements from and after the date of this Assignment to the same extent as if Assignee had been the original party thereto. 3. Further Assurances. Each party hereto hereby agrees to execute any additional documents, and take any further actions necessary to effect or evidence the assignment and assumption set forth in Section 1 and Section 2 above. 4. Miscellaneous. This Assignment shall be binding on and inure to the benefit of the parties and their respective successors and assigns. The paragraph headings of this Assignment are for convenient reference only .and shall not be used in interpreting this Assignment. 5. California Law. This Assignment shall be governed by and interpreted in accordance with the internal laws of the State of California, without regard to conflict of law principles. 8821015610-MO 6366694.1 a00/00/00 -2- IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment as of the date and year first above written. "Assignor" SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY, a ATTEST: .1l"ylAh Successor Agency Secl4tary "Assignee" LA QUINTA HOUSING AUTHORITY, a ATTEST: I, Housing Authority Se etary APPjPVED AS TO FORM: R;PX ousmg Authority C sel 882/015610-0040 6366694.1 a00/00/00 -3- Exhibit "A" Lease Aereements (See Following List) City of to Quints Cove Rental Properties Section 8 Assisted 14Pamela Odntav' " m S2 4261 san4la aOmre: ; : r ;: 1072St01 _ `.1" 2, Renee De La Torre 53-880 Avenida Navarro 01101102 , 'a '.5antdtu€ ' r ... ' t-' :. . _ .'::: ;° �a2=568#isanhowor Ynve • ,� "- -`.; ?;} 1P02 w' •,-:: 4. Teresa Stadther S.LtRraine,0raves ''+: .. _ ' . - _ _ .. •s�' 53-825..Avenida. Juarez S$=225:iJlrrartld8 Vel o ;�`=�: 02128102 . `�fl3'14k1! 2. .:a_ 8. Armando and Ma dalena Rivera 53.155 Avenida Obr on 03101102 7. Greaeah Chianrell 51-895.`..:AvEaide Ve•. 7t012 8. Kecia Guitla -Reece and Kenneth Burton 52-865 Avenida Ramirez 07110102 9.Tamm :`l riz `e' S3.523'A n3daMaitmai. " � •' '' 08t23i'08, ai 10. Ampere De La Herran -- 52-985 Avenida Carranza 04101108 Y1.Javier.ani#Aima:Magdaiana"f i 'en.' 53-795'Avanlda11-te'.era.. 12. Rosaria Monro -Lira 51-395 Calla Kalima 04103109 13, Maria: ser.anclUi tio8ainan Jr ' . - 5+24 ,Avehlda lter are . " .' : •. 041117/09 14. £s eranza Polanco 53-541 Avenida Martinez 07101/09 15: DeFia Ramrrea=,,_` ' .." 53-105Avargda "corers ;.: 77..08f14f09 18. 0ua0a1u e, Alms and Celina Vefair uaz 51-805 Avenida Cortez 10.!30;09 17. Nai1l:Ahlstiom "' ::: 53-175A'vateda�flktiegan -- , .- .0£rik1Y10 - 19. Sara Acosta 52-835 Avenida Villa . 02124111, 18. ASariat8edano 20. Kerri Tillman 52.835 Avenida Diaz OW18111 21.Erintiadavvs ' - $SAvanidaValkeBr.. 1004J11='`s' 63666 4.1 aOO/0 EXHIBIT "A" 6366694.1 a00/00/00 MEMORANDUM TO: Frank J. Specevak, City Manager VIA: Les Johnson, Community Development Director FROM: Carla M. Triplett, Housing Coordinator DATE: December 16, 2013 SUBJECT: Assignment and Assumption Agreement La Quinta Cove Homes/ Section 8 Rentals La Quinta Palms Realty manages twenty-eight of the City's affordable housing rentals that are located in the Cove; twenty-one of those homes receive Section 8 assistance. The current Section 8 lease agreements reflect the former La Quinta Redevelopment Agency as the landlord of the properties. Enclosed is an Assignment and Assumption Agreement assigning the lease agreements to the La Quinta Housing Authority, the agreement has been prepared by Rutan and Tucker and reviewed by Staff and recommended for your approval. Please review and sign where indicated. Please contact me to arrange pickup once you have signed the enclosed document. N E T _ ^;I g