HA Resolution 2018-004RESOLUTION NO. HA 2018 - 004
A RESOLUTION OF THE LA QUINTA HOUSING
AUTHORITY APPROVING AN AGREEMENT FOR
PURCHASE AND SALE AND ESCROW
INSTRUCTIONS BETWEEN THE LA QUINTA
HOUSING AUTHORITY AND JOE W. STEMMER, JR.
CONSTRUCTION FOR TWO VACANT LOTS
LOCATED IN THE LA QUINTA COVE
APNs: 773-234-015 AND 773-223-022
WHEREAS, Joe W. Stemmer, Jr. Construction is a California Corporation
(“Buyer”); and
WHEREAS, the La Quinta Housing Authority (the “Authority”) is a public
body, corporate and politic, organized and existing under the California
Housing Authorities Law (California Health and Safety Code Section 34200 et
seq.); and
WHEREAS, pursuant to California Health and Safety Code Section
34315, the Authority has the power to sell, lease, exchange, transfer, assign,
pledge, or dispose of any real or personal property or any interest in it; and
WHEREAS, the Authority acquired the Properties in 1993 in the Cove
Neighborhood to eliminate blight, APNs 773-234-015 and 773-223-022,
described in the attached Purchase and Sale Agreement that is the subject of
this Resolution and incorporated by this reference (the “Property”), which the
Authority has negotiated to sell the properties for $120,000 for development
of two (2) single family homes; and
WHEREAS, there is an appraisal of the current fair market value of
comparable properties indicating that the negotiated purchase price reflects
the current fair market value thereof; and
WHEREAS, the City of La Quinta Housing Commission reviewed and
recommended the disposition of the properties on March 13, 2018; and
WHEREAS, the Authority would accept the purchase price from the
Buyer and add it to the unreserved Housing Authority Project Area fund
balance; and
Resolution No. HA 2018-004
Agreement for Purchase and Sale and Escrow Instructions – Stemmer Construction
Adopted: November 20, 2018
Page 2 of 3
WHEREAS, the Authority now desires to authorize the Executive
Director to authorize disposition of the Properties for $120,000; and
WHEREAS, the purchase and sale of the Property is subject to a
Purchase and Sale Agreement, attached to the staff report for this Resolution,
and on file with the City Clerk’s Office, and incorporated herein by reference;
and
WHEREAS, this Resolution has been reviewed with respect to
applicability of the California Environmental Quality Act (“CEQA”), the State
CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et
seq., hereafter the “State CEQA Guidelines”), and the Authority’s
environmental guidelines; and
WHEREAS, pursuant to Section 15301 of the State CEQA Guidelines,
the transfer of the Property is exempt from environmental review under CEQA
because the transfer will result in a continuation of the existing use for
development of single-family homes and is therefore exempt from
environmental review; and
WHEREAS, all of the prerequisites with respect to the approval of this
Resolution have been met.
NOW, THEREFORE, BE IT RESOLVED by the La Quinta Housing
Authority, as follows:
SECTION 1. The foregoing recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. The Authority hereby approves the Purchase and Sale Agreement,
attached to the staff report for this Resolution and on file with the City Clerk’s
Office. The Authority consents to the Authority’s Executive Director and
Authority’s Legal Counsel making any final modifications to the Agreement
that are consistent with the substantive terms of the Agreement approved
hereby, and to thereafter sign the Agreement and transfer the property
pursuant to a Grant Deed on behalf of the Authority.
SECTION 3. The Authority’s Executive Director is authorized to effectuate the
conveyances described in Section 2, at such time as the conveyances is
effectuated, and to take such other and further actions, and execute such
other and further documents, as are necessary and proper in order to
implement this Resolution on behalf of the Authority.
November 20, 2018