2020 Chin Family Properties LP Settlement AgreementCITY COUNCIL MINUTES Page 15 of 16 MAY 19, 2020
and other relevant hygiene practices, in order to limit the spread of
COVID-19. Motion passed unanimously.
MOTION – A motion was made and seconded by Councilmembers
Radi/Sanchez to express Council’s support of the “Safer Together.
Greater Together.” Tourism Pledge as drafted and developed by the
Greater Palm Springs Convention and Visitors Bureau, and to proceed
accordingly. Motion passed unanimously.
CLOSED SESSION ITEM NO. 2 – pursuant to Government Code
Section 54957.1, subdivision (a)(3), the City Council received and
reviewed a copy of a settlement agreement from the defendant, Chin
Family Properties Limited Partnership (Defendant), the substance of
which involves the settlement of the pending eminent domain case and
acquisition of real property for right of way, preservation of housing
stock, and other public purposes.
The Substance of the settlement agreement is summarized as follows:
The pending roadway right-of-way and bridge project right-of-way
properties would be acquired by the City along with the remainder
of the real property (land and amenities) owned by the Defendant
at 46400 Dune Palms Road, commonly known as the Dune Palms
Mobile Home Park; and
Except for the right-of-way portions of the real property, there
would be no change in use, no relocation of mobile home park
residents, and no other modifications to existing tenants’
leaseholds interests by entering into this agreement; and
Public purposes for acquisition of mobile home park include
meeting current and projected Regional Housing Needs
Assessment (RHNA) numbers, preserving and promoting
affordable housing, and facilitating Senate Bill 330 (2019)
compliance; and
All-inclusive purchase price for the real property is $6,125,000 to
be acquired by use of restricted affordable housing funds; and
Part of the purchase price would be deposited into the state-
administered condemnation fund and would be used to acquire
the right-of-way, even if escrow does not close for the mobile
home park; and
Acquisition of all real property would be through an independent
escrow, with a due diligence period of 180 days, following the
opening of escrow, which would allow for environmental
inspection and other inspections; and
City has sole discretion to approve the inspections and accept any
conditions on title; and
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SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS
This SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS
("Agreement") is made as of this day of , 2020 ("Effective Date"), by and
between CHIN FAMILY PROPERTIES LIMITED PARTNERSHIP, a California limited
partnership ("Chin"), and CITY OF LA QUINTA, a California municipal corporation (the
"City").
RECITALS
A. Chin is the owner of that certain real property located at 46-400 Dune Palms
Road, in the City of La Quinta, County of Riverside, State of California, legally described
on Exhibit "A" (the "Real Property"), which Real Property is improved with a mobile
home park commonly known as "Dune Palms Mobile Estates," which as of a date prior to
City's activities on site, consisted of one hundred one (101) mobile home spaces, one (1)
single family residential unit, and appurtenant fixtures and improvements (the "Mobile
Home Park").
B. On June 7, 2018, City filed an eminent domain action entitled City of La
Quinta v. Chin Family Properties Limited Partnership, et al., Riverside County Superior
Court Case No. PSC1803284 to acquire a permanent easement for street and public
utility purposes over a portion of the Real Property (the "Eminent Domain Action" to
acquire the "Roadway Project Part Take"). The Eminent Domain Action was brought for
purposes of making pubic roadway improvements pursuant to the circulation element of
the La Quinta General Plan, and specifically the "Dune Palms Widening Project" (the
"Roadway Project").
C. Chin was named in the Eminent Domain Action as owner of record, along
with a number of other parties with various interests of record. Chin owns and operates
(through a management company) the Mobile Home Park.
D. On or about October 3, 2018, the Superior Court of the State of California
for the County of Riverside granted City's Motion for Prejudgment Possession of the
Roadway Project Part Take area and issued an Order granting the City prejudgment
possession of the Roadway Project Part Take area which became effective on November
14, 2018. As authorized by said Order, City took five mobile home spaces, including
those whose occupants were displaced and relocated prior to the November 14, 2018
date of prejudgment possession. City represents and warrants that all directly impacted
Mobile Home Park residents have been successfully relocated, and the area of the
Roadway Project Part Take has been vacated. Construction of Roadway Project
improvements is underway.
E. In addition to the taking for roadway improvements to Dune Palms Road
through the Eminent Domain Action, City planned and now intends to implement another
public works project, entitled the "Dune Palms Bridge Project" (the "Bridge Project").
The Bridge Project requires acquisition of additional right of way from the Mobile Home
Park, consisting of both permanent roadway and public utility easements, and temporary
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